Lovell ignoring Statute Barred letter.

CakeCrusader

Hi.



Months ago I received a surprise email from Lovell as they had just bought a gas and electricity debt from EDF and they wanted cash. Problem was that the 'bill' was from Nov 2012 and I'd moved out of the property in June 2012. I sent them a prove it letter and a statute barred letter (my last payment to EDF was well before June 2012 as they were rubbish at sending out bills) and I have received a letter today with the dates that the fuel was supplied from (which is incorrect, I've found a bill dated 3 years earlier), a copy of the final bill (it's mostly estimated readings apart from the last one which is a customer reading - it won't be my reading as I wasn't living there) and a demand for 2/3 of the total bill as a 'gesture of good will'. They won't acknowledge that it's statute barred because, they claim, the account was never defaulted.



Even if I did owe money, looking at the usage on the bill I've found even their 'gesture of good will' is double what I usually used. Should I send them yet another statute barred letter? I did notify EDF that I'd moved out and gave them a correct meter reading in June 2012, so the meter reading in October 2012 was from someone else. My last payment was possibly in November 2011 (they were awful at sending out bills and reading the meter).



Many thanks!

Debtbegone2021

If you last paid them in November 2011 and didn't move out until June 2012 then what about all the gas and electricity you used between them months ? This is what they are obviously chasing.

Willing2Learn

Hi CakeCrusader,

CakeCrusader wrote: »

Months ago I received a surprise email from Lovell as they had just bought a gas and electricity debt from EDF and they wanted cash. Problem was that the 'bill' was from Nov 2012 and I'd moved out of the property in June 2012. I sent them a prove it letter and a statute barred letter (my last payment to EDF was well before June 2012 as they were rubbish at sending out bills) and I have received a letter today with the dates that the fuel was supplied from (which is incorrect, I've found a bill dated 3 years earlier), a copy of the final bill (it's mostly estimated readings apart from the last one which is a customer reading - it won't be my reading as I wasn't living there) and a demand for 2/3 of the total bill as a 'gesture of good will'. They won't acknowledge that it's statute barred because, they claim, the account was never defaulted.

It is my belief that the DCA is incorrect, and that it is not a requirement for a debt to be in default for it to be considered Statute Barred!

Try sending them a copy of the letter template below:
https://forums.moneysavingexpert.com/showpost.php?p=34906247&postcount=4

Good luck!!

National_Debtline

Hi CakeCrusader


Could you confirm what dates the bill issued in November 2012 does cover? If it only covers from the date you moved out of the property you can argue you are not liable. If it covers dates prior to June 2012 you may be liable for some of the debt as you say you last paid EDF in around November 2011.


You could start by contacting EDF and query why they have billed you beyond that point you moved out, given that you did inform them at the time. If you can prove that you were living elsewhere after that date they should amend the bill.


With regards to an energy debt being statute barred, that will apply if there has been 6 years since the bill was issued where no payments were made towards the debt, you did not acknowledge it in writing and no court papers were issued. If this particular bill was issued in November 2012 it cannot be statute barred yet. Until this debt becomes statute barred try to sure you avoid acknowledging it in writing otherwise you'll restart the 6 year limitation period.


Best wishes


Susie
@natdebtline

CakeCrusader

Debtbegone2021 wrote: »

If you last paid them in November 2011 and didn't move out until June 2012 then what about all the gas and electricity you used between them months ? This is what they are obviously chasing.

I'm totally fine with that, however, I certainly can't have used £750's worth of gas and electricity in 7 months when my usual usage was £30 a month. If they had sent me an accurate bill using the readings I gave them, I'd have paid it as soon as I'd have received it.

CakeCrusader

National_Debtline wrote: »

Hi CakeCrusader


Could you confirm what dates the bill issued in November 2012 does cover? If it only covers from the date you moved out of the property you can argue you are not liable. If it covers dates prior to June 2012 you may be liable for some of the debt as you say you last paid EDF in around November 2011. It covers 11 Sep 2011 to 01 Oct 2012. I moved out in June 2012. It's estimated usage, I haven't kept 6 year old meter readings (I did call them in) so I've no idea what they are, but I have an old bill and my usage is on there. The bill is for £750, my monthly usage was £30 a month. The final readings are from the customer (not me).


You could start by contacting EDF and query why they have billed you beyond that point you moved out, given that you did inform them at the time. If you can prove that you were living elsewhere after that date they should amend the bill.


With regards to an energy debt being statute barred, that will apply if there has been 6 years since the bill was issued where no payments were made towards the debt, you did not acknowledge it in writing and no court papers were issued. If this particular bill was issued in November 2012 it cannot be statute barred yet. Until this debt becomes statute barred try to sure you avoid acknowledging it in writing otherwise you'll restart the 6 year limitation period.


Best wishes


Susie
@natdebtline

Thank you!