Lowells & EDF

CakeCrusader

jbryce wrote: »

I have had this too. They want me to pay a mostly statute-barred debt relating to an address I have never lived at. My approach at the moment is to let them take ages to respond, because every month, more of the supposed debt becomes statute barred.

Watch out with this. They claim my 'bill' (the made up one) isn't statute barred as it was never defaulted. I've lived in my current house for over 6 years, haven't made a payment to EDF for over 6 years either. It's statute barred because my last payment was over 6 years (I don't owe it anyway).

jbryce

I have been at my current house for 5 years 10 months. But I have never lived at the address they are trying to chase payment for. They period they are trying to claim for is 7.5 - 5.5 years ago. They may try to argue it is not mostly statute barred, but that isn't going to work in court. In the court defence, I will put both that it is statute barred, and that it isn't my debt anyway.

CakeCrusader

jbryce wrote: »

I have been at my current house for 5 years 10 months. But I have never lived at the address they are trying to chase payment for. They period they are trying to claim for is 7.5 - 5.5 years ago. They may try to argue it is not mostly statute barred, but that isn't going to work in court. In the court defence, I will put both that it is statute barred, and that it isn't my debt anyway.

Have you sent Lovell a 'prove it' letter? Do that first, it should mean you can avoid court all together (if they take it this far of course). Forget about it being statute barred for now, send them the letter and see what they come back with. https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter

jbryce

Yes I have. They sent a list of dates and numbers which didn't prove anything. I sent another letter. They sent a letter asking me to contact to arrange an instalment plan. I sent another letter.

CakeCrusader

jbryce wrote: »

Yes I have. They sent a list of dates and numbers which didn't prove anything. I sent another letter. They sent a letter asking me to contact to arrange an instalment plan. I sent another letter.

It's classed as harassment if they ignore you when you state that you don't owe the money. What you need is this; https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/harassment-by-creditors/

GeordieBen

Does a EDF final statement bill class as proof of debt? They have sent one attached to a letter reading...


"Thank you for your letter and postal order payment for £1.00


We have noted the contents of your letter (prove it letter) and we have enclosed a copy of the final bill from EDF, which we believe show the balance is valid and owed.


We ask that you confirm your intentions towards this account.


We will cease any collections activity for a period of 30 days to recieve your response."


The bill date is 16th Jan 2015 and nothing appears on any credit file that this debt stands. What the next actions to take.



Thanks

sourcrates

Well if its not your debt, you don`t pay it do you.


Also i would say this falls within the remit of back billing, which they are not allowed to pursue if more than 12 months have elapsed since the bill was generated.


https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/who-contact-if-its-difficult-paying-energy-bills/energy-backbilling-your-rights

CakeCrusader

GeordieBen wrote: »

Does a EDF final statement bill class as proof of debt? They have sent one attached to a letter reading...


"Thank you for your letter and postal order payment for £1.00


We have noted the contents of your letter (prove it letter) and we have enclosed a copy of the final bill from EDF, which we believe show the balance is valid and owed.


We ask that you confirm your intentions towards this account.


We will cease any collections activity for a period of 30 days to recieve your response."


The bill date is 16th Jan 2015 and nothing appears on any credit file that this debt stands. What the next actions to take.



Thanks

BEN!!! WHY did you send them £1?? Utility bills don't usually show on a credit file, my water payments do though. Does the bill have your name and your address on it?

GeordieBen

I sent £1 because i'd miss read a post on here where people sent a postal order but i think that was for a copy of a credit file or something but heyho....


The bill has my name on and a old address, however i think i left that address early 2014 possibly 2013 but i cant be sure.

fatbelly

fatbelly wrote: »

As a starting point you want to know what property this is, and what period it relates to. This sounds like a year's worth of electricity that they think you haven't paid for.

It's a shame you paid them something as it makes it more difficult to argue that this isn't your debt.

Nevertheless, you should check what date you left that property as it sounds like this is for electricity used after you left.

Your next letter should be a straight denial that this is anything to do with you - tell them they need to find out who was living there at that time, and send the bill to them. It may be 'valid and owed' but not by you.