Letter from nPower

nom1nom2

Just an update after finally speaking to nPower this morning.

1. They say they have no record of the phone call I made in front of the owner and the guy taking over the business when I left in Oct 2011.

2. They have record of the guy who took over after me leaving in Dec 2011 and reverted the account to my name from Dec 2011 until March 2012, when another guy took over the business and gave them a new meter reading.

3. Apparently, they have attempted to contact me by sending letters to the business address but then passed my details on to a debt company to find me.

4. Also, the normal bill for that business over 3 months is about £400, so the £1600 they are asking for is very off - I think the guy who took over from Dec 2011 to March 2012 gave them a wrong meter reading.

I have asked for copies of all correspondences made by nPower within the questioned period of time.

I have in writing that I left in Oct 2011 by the guy who took over from then to Dec 2011 but I am still discussing this with the property owner as he is concerned if he confirms I left in writing, then he will have to pay the debt himself. I have also asked him for the name of the guy that took over in Dec 2011 to March 2012 but he is reluctant to give me this, which makes me think the guy was less than legitimate to run the business.

I have spoken to the debt company who have said they will hold any interest for 2 weeks only after which it will start incurring.

Any further insights please?

sourcrates

Ok, You have done, almost the right thing in asking them to provide proof, thing is, phone calls, can be seldom acted upon, its more official if its in writing, i appreciate you want to sort this out, but dont speak to the DCA on the phone again either, everything in writing, then you have a papertrail.

I would still back up the request for evidence in writing, as i doubt you will get it otherwise, as for the DCA charging interest, as its a business debt, they may be allowed to do this, normally they are not allowed to add any charges or interest to a debt, that needs to be clarified.
This two week suspension of interest, that is there deadline, not yours, if they have added charges/interest and its subsequently found out they are not allowed to do so, that can be challenged, you wont have to pay it.

nom1nom2

sourcrates wrote: »

Ok, You have done, almost the right thing in asking them to provide proof, thing is, phone calls, can be seldom acted upon, its more official if its in writing, i appreciate you want to sort this out, but dont speak to the DCA on the phone again either, everything in writing, then you have a papertrail.

I would still back up the request for evidence in writing, as i doubt you will get it otherwise, as for the DCA charging interest, as its a business debt, they may be allowed to do this, normally they are not allowed to add any charges or interest to a debt, that needs to be clarified.
This two week suspension of interest, that is there deadline, not yours, if they have added charges/interest and its subsequently found out they are not allowed to do so, that can be challenged, you wont have to pay it.

I got a 'the account was in your name therefore you will have to pay' tone from nPower - I asked for proof over the phone and I have put it in writing too - sending off the letter today and already sent the e-mails. I'm pretty sure I remember asking them to send me the change of name on the account in writing, however, they say they have no records of this which is what is concerning me. It is their word against mine and it feels like I'm trying to prove my innocence yet they have already given the verdict of guilty.

Will finding the name of the guy who took over from Dec 2011 to March 2012 help? Also, if the guy who took over from me in Oct 2011 and the property owner who was a witness to this puts it in writing that I left in Oct 2011 - would that help? Is it my responsibility or theirs to find the person who may be at fault here? I'm still trying to find out who this person is at the moment.

Thank you again for your reply!

sourcrates

Basically, and this applies to any debt, the onus is on them to prove you owe this money, not for you to prove you dont.

If it got to court, they would need to have proof that you are liable for this debt, no proof, no debt, its as simple as that.

nom1nom2

sourcrates wrote: »

Basically, and this applies to any debt, the onus is on them to prove you owe this money, not for you to prove you dont.

If it got to court, they would need to have proof that you are liable for this debt, no proof, no debt, its as simple as that.

Its my name they have on the account for the business wrongly ofc, from the period in question - thats all they have and by the sounds of it, that is enough for them.

I'm going to speak to the owner of the property again and then speak to CAB.

I really appreciate you replying - thank you!

sourcrates

nom1nom2 wrote: »

thats all they have and by the sounds of it, that is enough for them.
!

It may be enough for them, but they dont matter, it wont be enough for a judge, and thats what does matter.

nom1nom2

sourcrates wrote: »

It may be enough for them, but they dont matter, it wont be enough for a judge, and thats what does matter.

Thank you again.

nom1nom2

So, nPower have said want a letter from the lawyers from 2011 stating I left the premise. Problem is, because it was an internal handover, the letter for going in to the property was created but not one on leaving which in hindsight, was a huge mistake.

I have called the council to get proof from them about me leaving that property as I made them aware - waiting on hearing from them.

I have also asked the property owner to get in touch with the council and find out who was paying tax for that period of Dec 2011-March 2012 as it wasn't me but it was paid so however's name is on that, it shows it was them in the property.

Also, I have read that back bill payments can only extend to the last 2 years - is this correct? nPower are saying they have been trying to find me during this time but I've not received anything from them thats proves they've attempted to contact me - is this worth pursuing?

Thank you

sourcrates

nom1nom2 wrote: »

Also, I have read that back bill payments can only extend to the last 2 years - is this correct? nPower are saying they have been trying to find me during this time but I've not received anything from them thats proves they've attempted to contact me - is this worth pursuing?

Thank you

well the law states that you must contact them if you have not been billed for a year or more, if you fail to do this, then you are liable for the whole debt.
However, you were not aware of an outstanding balance, so this goes into a slightly gray area.
There is advice here on how to raise a complaint :

http://www.adviceguide.org.uk/england/consumer_e/consumer_energy_supply_e/consumer_energy_bills_e/consumer_problems_with_energy_bills_e/you_havent_had_an_energy_bill_for_a_while.htm

nom1nom2

sourcrates wrote: »

well the law states that you must contact them if you have not been billed for a year or more, if you fail to do this, then you are liable for the whole debt.
However, you were not aware of an outstanding balance, so this goes into a slightly gray area.
There is advice here on how to raise a complaint :

http://www.adviceguide.org.uk/england/consumer_e/consumer_energy_supply_e/consumer_energy_bills_e/consumer_problems_with_energy_bills_e/you_havent_had_an_energy_bill_for_a_while.htm

I'd already left the premise 2 months prior to the beginning of this questioned period.

I called them to tell inform them of this but because they say they have no records of this, it is their word 'nPower' against just me. Would it be worth trying to get the phone records? I know it wouldn't prove what was said but it shows the phone call was made with duration and date so that is something that falsifies nPower saying no contact was made?

Thank you for replying.