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DD guarantee and disputes

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2

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  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    The next the OP hears may be a demand from the energy supplier. Through the courts.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 April 2015 at 4:17PM
    Thanks for all the info.
    I think that specualtion (about the next step being court) is wrong.

    The one thing I can say to Scottish Powers credit is that they don't chase bills whilst there is a formal internal dispute outstanding.
    The next step should be a response to my complaint.

    I am trying to find out whether they pursue bills when there is an independent review outstanding, but at the moment we're in the internal complaints stage.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    What usually happens is they will trash your credit history first

    How do they do this please?
    Can't a default only come from a lender with a credit agreement?
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Define 'credit agreement'.
    Mobile providers are probably the main suppliers of defaults to CRAs.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Define 'credit agreement'.

    The link I googled said something like "a regulated credit agreement under the Consumer Credit Act".
    I don't believe I have a credit agreement with Scottish Power for my gas and nothing on my Experian, Equifax or Call credit credit files.
    I do have a credit agreement with my contract mobile provider.

    So how do they trash my credit file?
    A CCJ can only happen after court right?
    A default can only happen with a credit agreement right?

    So what are the mechanics of them trashing it?
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
    edited 16 April 2015 at 5:03PM
    You have a credit agreement. You use energy and then pay for it in arrears.

    Whether they currently report to the CRAs is a different matter altogether, and if yours don't then you may dodge a bullet if they default the account but don't send the info anywhere.

    If they send the 'debt' on to a debt collector though, that debt collector may well be one of the companies that do report to the CRAs and send your default information accordingly to all three agencies.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks for all the advice, but no-one has said anything that persuades me to pay a bill that I'm confident I don't owe (according to very specific black and white rules).

    If SP don't responsd within a fortnight I will get the energy ombudsman to intervene.
    If I get it resolved one way or another that should head off any nasty defaults or court action coming out of the blue in future at perhaps a less convenient time.
  • SeduLOUs
    SeduLOUs Posts: 2,171 Forumite
    I'm not suggesting you should pay anything, but I'd keep an eye on your credit files until it is completely resolved.
  • footyguy
    footyguy Posts: 4,157 Forumite
    1,000 Posts Combo Breaker
    It seems like this saga is now being continued over on the energy board.

    https://forums.moneysavingexpert.com/discussion/5221443
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    I don't really understand your DD question. Are they going to claim the £500 they claim you owe by DD ? Is that what you're going to dispute ? If they've notified you that they are, and thats what they claim then if your bank use the DD claim, Scottish Power will simply reject the DD Indemnity claim and you'll be redbited as the DD will be correct. I can't see any claim being successful really. The indemnity scheme is for when errors are made, not for disputes.
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