At my witts end with Scottish Power

stebiz

I'll try and keep this as brief as possible.

I switched suppliers in June 2014 and contacted Scottish Power to ask if anything was due. I was advised several times no. In fact I was issued a refund for overpayment. I even logged in online in October and my statement was zero.

Then I start getting letters from a debt collection agency saying £179 was due and still do. I get this at least once a month.

It appears an error on their part meant that my final bill was not added to my account until late.

I have today offered £100 in full and final settlement on my account but my last emails which I sent many months ago remain unanswered and I am petrified of a default as I am in the midst of a mortgage.

Can anybody offer any help.

stebiz

Just realised I unknowingly used the same subject title as another with SP. Can't believe so many are in the same boat.

Cardew

Firms are allowed to correct mistakes, so if the £179 is the correct amount due - they can pursue for that amount.


However if the case has been passed to a Debt Collection Agency(DCA) then it is likely there is an entry on your credit record.


You need to WRITE to SP and get them to put the situation in writing and 'call off' the DCA.

GingerBob_3

On the face of it SP have screwed up, and yes, they are likely to have blacklisted you at the credit reference agencies. You need to get to grips with this. Obtain copies of the files the CRAs hold on you and if you have been blacklisted and they, SP, won't remedy the situation quickly you may need to seek legal advice. In any event, you should look towards financial compensation.


This highlights the dangers of utility companies reporting their customers to the CRAs. It's a practice that needs a good looking at, and ideally banned.

dogshome

Have you actually recieved a copy of this 'Final Bill' - If not WRITE a letter headed Complaint to SP, (The debt does not legally exist unless they have mailed a copy to the correct address or posted it on an Web account you have access to), pointing out that you hold them liable for any financial losses caused by them besmirching your credit records

That said, I'm afraid that SP are entitled to claim payment in full for any monies owed for up to six years after you left

GingerBob_3

dogshome wrote: »

Have you actually recieved a copy of this 'Final Bill' - If not WRITE a letter headed Complaint to SP, (The debt does not legally exist unless they have mailed a copy to the correct address or posted it on an Web account you have access to), pointing out that you hold them liable for any financial losses caused by them besmirching your credit records

That said, I'm afraid that SP are entitled to claim payment in full for any monies owed for up to six years after you left

But they are not entitled to blacklist you when they are at fault ... although thinking about it .... they don't care! And therein lies the major problem with CRA reporting.

Cardew

GingerBob wrote: »

But they are not entitled to blacklist you when they are at fault ... although thinking about it .... they don't care! And therein lies the major problem with CRA reporting.

Exactly - a case of being pronounced 'Guilty' when you didn't know you had committed an 'offence' and are unaware you have a black mark on your credit record.


To cap it all the 'victim' has to write endless letters to prove their innocence.


The Ombudsman is useless in these situations. I wonder how the small claims court would view a case claiming damages\?

stebiz

Thanks for the replies,

I have just carried out a credit search with Experian and it is clean, which is a good start.

These letters from the DCA are getting more and more threatening though. I sent an email to them but no reply and also to SP who replied today saying that no payment is due and the final balance was zero.

It seems like one dept has no idea what the other is doing. I actually have no idea if I owe it or not but feel like paying the full amount just to leave me alone so I can get on with my life. For that sort of money it really isn't worth getting a default - if any amount is ever worth it.

Cardew

stebiz wrote: »

Thanks for the replies,

also to SP who replied today saying that no payment is due and the final balance was zero.

Could it be that SP have 'sold' your debt to the DCA, which is why your account balance shows as zero?


I would still complain in writing to SP about the situation - they should sort it out and any DCA action put on hold until the matter is resolved.

footyguy

stebiz wrote: »

I'll try and keep this as brief as possible.

I switched suppliers in June 2014 and contacted Scottish Power to ask if anything was due. I was advised several times no. In fact I was issued a refund for overpayment. I even logged in online in October and my statement was zero.

Then I start getting letters from a debt collection agency saying £179 was due and still do. I get this at least once a month.

It appears an error on their part meant that my final bill was not added to my account until late.

I have today offered £100 in full and final settlement on my account but my last emails which I sent many months ago remain unanswered and I am petrified of a default as I am in the midst of a mortgage.

Can anybody offer any help.

Probably not what you want to hear, but if you are now receiving lketters from a debt collection agency, then the supplier would already have issued a bill and probably a couple of reminders that, for whatever reason, have not been paid.

I therefore fear the credit provider will already have reported this matter to one or more of the CRAs.

footyguy

Cardew wrote: »

...I wonder how the small claims court would view a case claiming damages\?

Any claim would probably be assessed on it's merits.

e.g. As I said, the supplier has presumably already sent a bill and probably a couple of reminders. Were these correctly addressed?

If so, then the court may say the postal operator is responsible for the non-delivery of the sent mail items.
But to lose one item is dare I say a distinct possibility for a mail operator that delivers millions of items every day.
To lose 2 items to the same address, but on different days would be rare.
To lose 3 items to the same address, all sent on different days from the same originator would be highly unlikely.

This would therefore fall on the complainant to prove their case (as always) so would need evidence of perhaps a rogue postie operating in their area, or at least evidence of other mail items having gone missing on a regular basis to say their neighbours, or indeed themself (from other senders)

Is the delivery address secure?

Ultimately, I suspect the creditor will claim they have only declared the actual history of the way the credit account was handled by the OP to the CRA. Maybe damages should be claimed against the CRA?

I think whatever the case, such a complaint would need to be very well constructed (probably by a leading barrister interested in taking on such a claim for their own reasons) with lots of evidence to prove it.
Then the barrister would probably not want it heard in the county court anyway, but in one of the higher courts so that if they are successful, it could set legal precedence.

I think this is now getting into the realms of fantasy. I suggest the OP simply tries to address the outstanding debt with the supplier, and in the event that fails, the DCA.
Once settled, the OP could approach any CRA that has recorded this matter, and the OP could ask that an explanatory note is attached to the record.

Whether any future creditor will believe that a bill/reminder from the creditor not only failed to arrive once, not only twice bit possibly on three separate occasions, especially if there is no other evidence available to support an claim of missing post generally in the area or by the sender, is a matter the OP can only contemplate upon until they are either accepted or rejected for further applications for credit.