EDF false debt

spudgun00

In January 2011 I moved into an apartment with 3 friends. I moved out in April 2011 as the rent was too high for me. The other 2 moved out in July 2011.

In August 2013, a debt collection agency contacted me stating that I owe them 1300 pounds for the dates of August 2011 - April 2013.

I contacted the letting agency and they pulled out the tenancy termination letter that was dated in July 2011 stating myself and the 2 others were leaving officially.

So I sent them the letter via email as proof. I didn't here anything back...

Until April 2018. I completely forgot about all this but eventually remembered and found the email that I had sent them. I forwarded them the proof requesting they close the account. Today I was text stating I owed them 1300 pounds.

I have just got off the phone with them and they state that because the letter is not signed, it is not valid and the debt still applies. I'm not in touch with the previous tenants anymore. Further they definitely wouldn't have a 7 year old hard copy of the original letter.

I rang them up and told them this and they say there is nothing I can do and the debt still applies. I'm at a loss about what I can do. They are not helping at all.

Can anyone please assist in this matter?

CakeCrusader

I'm guessing they've sold your debt onto Lowell? This is a company who purchase old debts in the hope that people don't know their rights and just pay up.



You need to send them a 'prove it' letter. You don't need to send them anything to prove you weren't living there, the onus is on them to prove it's your debt; https://www.moneyadviceonline.co.uk/debt-advice/debt-collectors/lowell-portfolio-1-Ltd.html Don't call them, send the letter to them via recorded delivery. It's up to the agency to prove that you owe the money, it's not up to you to prove that you do not. After 6 years certain debts (including energy company debts) are statute barred and not enforceable anyway, this is 6 years after the last payment or written acknowledgement of the debt. Energy companies can also only back bill for a maximum of 12 months, so a 1.3k bill for a year is over the top. I've had exactly the same problem by the way, I'm waiting for a response to my 'prove it' letter. Lovell sent me a bill for £750 (bought from EDF) covering a period after I'd moved out. My usage before I moved out was £35 a month for gas and electricity, so they must have plucked £750 out of thin air. I did chat to a rather helpful bloke at Lovell who told me that EDF don't keep bills past 12 months anyway so they'd have no way that they can prove you used 1.3k's worth of energy (even if you were living there).



Hope this helps!

[Deleted User]

Whose name was the EDF account under?

If it was yours, then you needed to contact EDF when you moved out and either close the account or transferred it to one of the individuals who remained at the property.

It's not the landlords job to do that

sourcrates

Moved to DFW forum as more appropriate.

spudgun00

This is very reassuring thank you for your advice! I'll let you guys know what happens.
I'm the sort of person that definitely would have closed off the EDF payment (I must have been the 'owner' of the bill. But I would have done that over the phone. Lessons learnt!

BTW: Company is Arvatofs. Is there a similar form for them? Just read your link. Forget the question

CakeCrusader

I've just done a quick google search for you and they do come across as aggressive. National Debt Line are really helpful and they have an online chat if you need to speak to them, but they will advise you to send a 'prove it' letter to start with.



EDF were pretty useless while I was with them, they didn't send out bills or read the meter. I'd phone them with readings but they still didn't send out bills. I called with readings before I moved out but I didn't receive a final bill either, just a demand for £750 6 years later. They were a joke.

CakeCrusader

How are you doing with this, Spudgun? How weird is this - I was looking at my old Facebook posts last night (they show up on 'on this day') and I'd made a post complaining about EDF in 2012 as they'd sent me a bill for £100 (usage) along with an estimated *future* bill for £750, the exact amount I'm being chased for. My 'account' is on hold at the moment as I've sent them a prove it letter, and they are looking for the bills. If I were you and if you haven't done so already, I'd have sent off a prove it letter by now and request a copy of the last bill so I could check it to make sure it's not an estimated future bill.



Hope this helps!

spudgun00

Hi Cake Crusader, I've been ignoring it for now due to the fact that a) I have done enough to prove I didn't live there b) Statute Barred. But I am getting harassed regulary so I will send the 'prove it' letter.

Thanks,

James

jamiesb

That seems like quite a hairy situation! Let us know how it pans out. Years ago I was in a similar situation with some health insurance statements that were made to look like bills I owed, turns out it was a scam.

jbryce

I am having the same problem with them.

In my case, it relates to an address I have never lived at. It is also mostly statute barred.

Currently trying to work out when their conduct will cross the Ferguson v British Gas threshold for a harassment claim.

EDF had a billing fiasco round about the time that all these claims relate to due to the botched introduction of a new system. The chances that any of their claims are correct is minimal.