requesting to see copy of signed credit agreement

Angel105

I have tried to call scottish power and they told me i would have to contact the debt collectors due to them now holding the debt.

So if it is not covered by that rule, does that mean they can chase this money without even holding an invoice or anything ?

Thanks for the reply

rog2

Angel105 wrote: »

I have tried to call scottish power and they told me i would have to contact the debt collectors due to them now holding the debt.

So if it is not covered by that rule, does that mean they can chase this money without even holding an invoice or anything ?

Thanks for the reply

Hi Angel - Whilst it may not be covered by the Consumer Credit Act, you can, under the DataProtection Act, send a SAR (Subject Accesss Request) to both Scotcall and/or Scottish Power, who will, then, be legally obliged to send you all the information that they hold about you (or in your case the person you care for).
There is, unfortunately, a statutory fee of £10 for this, but they MUST send you EVERYTHING that they have on file - this should include details of the 'alleged debt' and account. This will help you to identify the 'alleged debt' and to determine whether it is either 'genuine' or even 'enforceable'.
For information, and a 'template' letter, click on the following link:

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

Once you have this information, we will be better placed to advise.

Please note that they have 40 days, from receipt of your letter (send recorded) to provide you with this information. During that time, they should NOT harass you for payment. If they do, you should report them to the Trading Standards Office.

GeorgeUK

If he has never had an account with Scottish Power, i'd be tempted to ask them for a SAR. They should then provide a copy of all information they hold on him including any accounts that he had with them. If they reply stating that he hasn't had an account with them, then sending a copy of this to the DCA's chasing the debt may get them off his back.

Hopefully others will have an opinion on whether this is a viable option or not.

Do you know when this debt supposedly originated? If it is more than 6 years ago then it may be statute barred.

Edit: That'll teach me to write a message then try to find out if a utility bill can be statute barred before posting. Great idea Rog