Being chased for a bill for SSE from 2012/2013

todayisagreatday

I have in the last couple of months moved house. Today I've had a letter from LCS addressed to me at my new property (not sure how they have obtained my details). I lived and owned my previous property and lived there for over 10 years. I would frequently switch my energy (gas and electric) when the fixes were up etc like I did with broadband etc.

I've never had debt, never been in debt and my gas and electric would have been paid direct debit. I've changed bank accounts twice so I can't really remember which bank I was with that period but I'm sure I can find out. Needless to say I don't have paper copies of bills from that period either.

The letter is telling me that I owe £219.38 and an administrative charge has been applied of £32.91 in respect of utility services between 22/05/2012 and 09/01/2013. I'm damn sure I will have had a direct debit in place as I would have noticed not paying gas or electric for 8 months. My direct debit for gas and electric combined has always been less than £40 a month, and I've frequently found myself in credit by a large sum.

Even if what they are saying is right, which I can't think it is, can anything be done when the period is over 5 years ago? The letter contains warnings about "our client may register a default against you which may make obtaining credit more difficult".

System

todayisagreatday wrote: »

I have in the last couple of months moved house. Today I've had a letter from LCS addressed to me at my new property (not sure how they have obtained my details). I lived and owned my previous property and lived there for over 10 years. I would frequently switch my energy (gas and electric) when the fixes were up etc like I did with broadband etc.

I've never had debt, never been in debt and my gas and electric would have been paid direct debit. I've changed bank accounts twice so I can't really remember which bank I was with that period but I'm sure I can find out. Needless to say I don't have paper copies of bills from that period either.

The letter is telling me that I owe £219.38 and an administrative charge has been applied of £32.91 in respect of utility services between 22/05/2012 and 09/01/2013. I'm damn sure I will have had a direct debit in place as I would have noticed not paying gas or electric for 8 months. My direct debit for gas and electric combined has always been less than £40 a month, and I've frequently found myself in credit by a large sum.

Even if what they are saying is right, which I can't think it is, can anything be done when the period is over 5 years ago? The letter contains warnings about "our client may register a default against you which may make obtaining credit more difficult".

Have a read of the information in this link:

https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx

todayisagreatday

Thanks, very helpful people on that link just chatted to them and they have sent me a template letter to complain I do not owe debt.

It's also questionable about the time frame of 6 years, I mean they are saying the utility supply was for the period 22/05/2012 until 09/01/2013 so if it was 2012 then the deadline has passed.

todayisagreatday

Very interesting the National Debt Line said this.

There is a principle regarding back billing that confirms that a energy supplier for domestic energy is not allowed to pursue you for a bill that covers a debt from more than the last 12 months. As the bill dates from almost 6 years ago you should raise this issue with the debt collection agent that is pursuing the matter that comes from the Standard Licence condition 21BA (Gas and Electricity) issued by Ofgem and ask them not to continue to pursue. If this does not regarding this matter a complaint should be escalate to the ombudsman service for energy providers at http://www.ombudsman-services.org. There is a exception to this rule and this is that the action to pursue the debt could not occur due to a customers obstructive or unreasonable behaviour. This is not specifically defined to my knowledge but I cannot see how regularily changing suppliers of gas and electricity could be consider unreasonable behaviour.

System

I think they are wrong. This , in my view, is debt recovery not back billing. Moreover, the Back Billing Code was until recently only a voluntary code and codes/regulations are not usually made retrospective.

The voluntary code came into existence in 2007. The code does not apply if the supplier can show that the consumer was at fault.

molerat

Agree with above. If the energy was billed for and the bill was issued before May 2013 this is purely an unpaid bill issue and the back billing principle does not apply. They therefore have at least until Jan 2019 to chase. I would concentrate your efforts on a prove it letter which has a legal standing rather than relying on a tenuous code of practice which has many ifs and buts.

todayisagreatday

Thanks, I've put together a prove it letter that they gave me a template for, but also added in the other bit too from above, which may be right or wrong but at least it adds something else to the letter.

Hopefully then I can go from there by asking for proof.

System

todayisagreatday wrote: »

Thanks, I've put together a prove it letter that they gave me a template for, but also added in the other bit too from above, which may be right or wrong but at least it adds something else to the letter.

Hopefully then I can go from there by asking for proof.

You have every right to ask for proof of the debt. Moreover, under GDPR, you could also make a Subject Access Request which will now cost you nothing. Be wary of taking this to The Energy Ombudsman as their Decision might work against you in a Court of Law.

todayisagreatday

Hengus wrote: »

You have every right to ask for proof of the debt. Moreover, under GDPR, you could also make a Subject Access Request which will now cost you nothing. Be wary of taking this to The Energy Ombudsman as their Decision might work against you in a Court of Law.

What is the GDPR and what a Subject Access Request for what?

System

todayisagreatday wrote: »

What is the GDPR and what a Subject Access Request for what?

GDPR = General Data Protection Regulations which came into force last week. If you make a Subject Access Request, the organisation that receives the request is required to provide you with copies of all the information about you that they hold on file. See the following link:

https://ico.org.uk/your-data-matters/your-right-of-access/

It is not unknown for organisations to provide data that can be used to defend a claim.