Debt Collectors chasing my daughter

Pat_Meister

I don't understand how the debt can be in her name because she never signed anything. Let's presume there is an outstanding debt, are they allowed to chase a third party? Her name was never on any bill.

BillJones

How do you know for certain that her name was not on the bill? There are so many cases on here where it looks very like a person in trouble, for good reasons or bad, has decided to keep the facts from their family.

It'd be better if you could get your daughter to post for herself, so that we don't get the "facts" filtered through what she has decided to tell you.

thewhiteavenger

BitterAndTwisted wrote: »

Still, the debt is in your daughter's name at your address at the moment and they don't know where she is or what she calls herself. As you know debts are attached to people not addresses, so the danger of a CCJ is minimal at the moment until they can find her and serve the court documents.

A court claim can be sent to 'the last know address' but I have not known these cases to be pursued through the court so I agree that any threats are likely to be just that - threats.

Pat_Meister wrote: »

I don't understand how the debt can be in her name because she never signed anything. Let's presume there is an outstanding debt, are they allowed to chase a third party? Her name was never on any bill.

Some info here

Who is responsible for paying the energy bills?

harveybobbles

Send Prove it letter, but also get daughter to check her CRA to make sure EDF havent trashed it.

Pat_Meister

My daughter send the "prove it" letter digitally signed and this is the response that she received today.

"Dear Ms ........

I am writing in response to your recent communication with our office.

I have logged your complaint today and will be managing this through to resolution.

I can confirm that an Experian trace has been carried out which confirmed you at the supply address of 45/46 Sage Lane, 4th Floor Flat ................. and then matched your details to the above forwarding address. The name and details were provided by our client EDF Energy.

The dates of the bill are 01/07/2012 to 30/6/2013. In order for this to be investigated as a possible fraud please provide proof of residency for this period.

I can inform you that the account has been placed on our hold process for 14 days to allow you time to provide the above requested information.

In the meantime, if you have any queries then please do not hesitate to contact me."

Obviously she is not going to confirm living at said address (the address they listed is not even a specific address, they have put 45/46 Sage Lane when she lived at 45. They do not even have her correct surname so I don't know how they could have performed an Experian check and they list their client as EDF when it turns out they were with nPower.

She sent the letter recorded delivery but now that they have provided an email address she is just going to set up a new anonymous email address specifically to respond to these con men.

Is there a template letter available that would serve as a response or should she just report them to the FCA from the get go.

dancingfairy

I don't know of a specific reply to that but I'd either ignore them or write back and make it very plain that she isn't the debtor in question and that she won't be providing them with any details.
df

Pat_Meister

Well this is getting ridiculous. My daughter responded back to the letter above with:

“Your letter does not provide any evidence as to my liability for the alleged debt.

This is my second request that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

Again, I would point out that I have no knowledge of any such debt being owed to EDF.”

They responded with:

“Please be advised that proof of residency is required for the billing period as requested. The billing dates are 01/07/2012 to 30/06/2014.

Once I have received this information I will forward to our client EDF Energy for them to investigate the queries you have raised.

I have placed the account on a 14 day hold to await the above requested information after which time it will be returned to our collections department.”

My daughter then replied with:

“Again, you have not provided any evidence as to my liability for the alleged debt.

This is my third and final request that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

Again, I would point out that I have no knowledge of any such debt being owed to EDF.

As you have so far been unable to provide any evidence as to my liability for the debt in question, this is my third and final request for your written confirmation that this matter is now closed. If I do not receive requested evidence as to my liability for the debt in question or your written confirmation that this matter is now closed I will be making a complaint to the trading standards department and informing the FCA of your actions.

Any further correspondence, phone calls or contact from you without you providing evidence as to my liability for the debt in question will be construed as physical/psychological harassment.”

Today they replied with:

“Thank you for your attached letter.

As you have not provided the requested proof to dispute the above I have now returned the account to our collections department.

Please be advised you can contact them direct on 0844 372 9679.

If you do raise a complaint please can you provide me with the reference number.”

So basically she is guilty until she proves herself innocent. Surely it’s not supposed to work like that. Why should she have to take time out to prove where she lived through the billing period, when they have not provided one shred of evidence that she owes a debt.

Shouldn’t EOS or EDF have to provide her with information tying her to the debt so that she can then dispute it?

[Deleted User]

would have far easier if you had returned the letters 'not known at this address' - which would have been absolutely correct since you state she no longer lives there. I think it illustrates the fact that we shouldn't really become involved in other peoples business, even if it is family.

Pat_Meister

Well I'm sure if she was trying to escape a legitimate debt that's what she would have advised me to do. However, since she is honest and was trying to clear her name, she chose to try and deal with it honestly.

sourcrates

Pat_Meister wrote: »

So basically she is guilty until she proves herself innocent. Surely it’s not supposed to work like that. Why should she have to take time out to prove where she lived through the billing period, when they have not provided one shred of evidence that she owes a debt.

Shouldn’t EOS or EDF have to provide her with information tying her to the debt so that she can then dispute it?

Yes they should, they HAVE to provide you with proof of the debt once asked.
The onus is on them to prove she is liable, not for her to prove she is not, they want you to play by there rules, don't !!


She has asked for proof, they have not provided it, as far as you are concerned now the matter is over, if they continue writing, ignore them.
I suggest she keeps an eye on her credit file to make sure they don't register anything untoward, if they do, complain to the CRA concerned, you cant complain about a DCA`s activity on an individual basis, but the FOS may be an option if they continue with this.