Erroneous Transfer and Debt collector

Kirsty2010

I was just after some advice about Erroneous transfers please? I signed up via the energy site to the co op, got my welcome pack etc. After I had been with them properly for a month I got a phonecall from npower asking why I'm leaving? I said I'm not even with you so how could I be leaving you? he said oh it says your a customer I said no I'm not and I've never had any info from you either, he said oh sorry i'll remove it, then I thought that was it. Then I got a letter from wilkin chapman ltd saying I owe money I rang up and said no I don't I wasn't with them they said send us a letter/email saying so, so I did. I heard nothing for months, then I got another letter from them again I rang up and they said we'll look into it. Then a few weeks ago I rang up about another letter saying they've done a ccj! so I rang up npower and explained I never signed up to them, they checked the power thing and said oh well yes you had an account, so after over an hour on to them I hung up. And thought no that's not right so I rang back got a lovely guy who said that's not right especially as you were only with us a month etc it's done an erroneous transfer it should have been cleared as such straight away you owe us nothing I am so sorry about this and the debt collectors chasing you and stressing you out i'll clear it right now. So just now I've had a letter from the debt people saying notice of county court judgment and I have to pay £252.17 to settle it and we've registered it on your credit file so it will stop you getting credit! And the options to our client are now
:1 removal of goods by the high court enforcement,
2:An attachment of earnings order....
3: an application for you to be brought before the court and cross examined. It's making me ill this with worry and stress and threats. I've rang them and gone through what npower have said and she said oh they've not told us or let us know i'll ring them now and see. But what else can I do now?

freshstart2015

I would suggest ask all companies involved to send you written confirmation about the debt, the "contract" they think they have/had with you and detailing all the information they have of you (DOB, address, full name etc). Also get the admission about the erronneous transfer in writing. If it is a case of mistaken identity than there is nothing they can do to you and this will become clear from the paperwork. Did you have have any paperwork through the last months, energy bills etc. Where do the £252.17 come from? If you've never been with NPower they never had a meter reading or anything so what are they charging you for.

I'm sure someone more knowledgable will come along soon too.

Good luck, Don't stress.

Kirsty2010

I've got a letter from the debt collector/solicitor saying they've given me a ccj and it's ruined my credit score basically making it even harder for me to get credit and i have to pay such amount to get it cleared.

I have had nothing from Npower at all a year ago or recently just this debt collector. Npower said on the grid it shows i was with them, but because it was a month it's called an erroneous transfer and should never have happened as i never authorised it and he said it's illegal. And he was wiping it like the last advisor should have done.
They've never had a meter reading etc, so i've no idea where the cost has come from. I've spent hours ringing all of them up, and considering the debt collector was supposed to ring me straight back up on the 22nd after she'd spoken to npower i don't know what's happened. But they've ruined my credit score by doing this.

Thanks Freshstart x

PollyPrissypants

Phone npower back and demand to be put through to the complaints department. Once you have them, advise that you are hereby making a formal complaint and as such they have 8 weeks to resolve it to your satisfaction before you go to Ofgem (their regulator). Demand that they recall your account from the debt collectors immediately.
They will take that very seriously. Ofgem complaints always result in a fine for them regardless of whether or not it's upheld. Ofgem can force them to undo all damage done to your credit rating and remove the ccj.
If you get no joy on the phone, send a recorded delivery letter to their complaints team giving them 8 weeks and explaining how and when to contact you.
Regarding the debt collectors - send a recorded delivery letter stating you do not acknowledge the debt, it was an erroneous transfer and you expect no further contact from them. There is a sticky on this forum with examples of the letter you need. Hopefully Fermi can come along and show you the way!
I worked for years in high level complaints for a certain utility company, believe me, they can do everything I've told you to ask of them and if you involve Ofgem and they haven't done right by you as a customer then they are in deep poop. Always always tell them you will go to Ofgem.

sourcrates

Hi,
OK, they cant just "Do" a CCJ.

They HAVE to send you a claim form from Northampton court (usually), the form will be pale blue, and have official court stamps on it, you will have the option of admitting the claim, or defending the claim, have you had this claim form or not ?

Or is it just a letter from the DCA threatening what "might" happen if you don't pay ?

Read it carefully.

Kirsty2010

I did have a blue that i filled in and sent back saying i don't owe it was never with them etc, they said they never received it and said i had to send them an email stating the above. I rang them to check they had it and said they would ring me and never did.

These are two letters i have had recently if they show up

sourcrates

So a default judgement was issued in November 2014, now they are threatening legal action, that has already been taken ?

That makes sense !!!!!

Ok, that changes things a bit, what they don't tell you, is that emails, and phone calls, are not legally binding in court, only written conformation of facts.

I would ring National Debt line as you need specific advise on how to challenge this, you could apply to have the judgement set aside, but this only happens in very strict circumstances, and costs a fee of £155.00.

https://www.nationaldebtline.org/

Best bet is to see what ND recommend.

PollyPrissypants

Have you called them yet to demand they return your account from the debt collectors? This is your right whilst a complaint is on file, especially one where you might go to the regulator.

Kirsty2010

I don't have any spare money what so ever. I wouldn't mind but they go ages without even getting in touch even when they say they will get back to me! It's not fair as i don't owe them anything and i didn't sign up to npower i was already actually with co-op
I did ring them and he said he was doing it right away, but i will ring up again and ask for written confirmation.

Will ring ND as well, they should be covering my phone bill doing this, it's just ridiculous, thank you everyone xx

sourcrates

Kirsty2010 wrote: »

Will ring ND as well, they should be covering my phone bill doing this, it's just ridiculous, thank you everyone xx

I agree, it is ridiculous, hopefully ND can point you in the right direction, we can cover most things on here, but you need specific advice from a professional body on this matter.

By the way ND`s number is a freephone number.

backinbusiness

The first letter has a schoolboy-error spelling mistake - are you sure it's legitimate?