Credit Score - adverse account advise

Nndh1

Hi, November last year I checked my credit file and discovered I had an adverse report through Shell energy (was originally first utility). To cut a long story short I believe I do not owe this money.

On discovering this on my credit file I contacted Shell - it is over 3 years since I left the property they claim I owe the money for. They said I owe the money and responded I could pay in instalments. I said I have seen no evidence I owe this money and they did not respond. I sent several further emails all of which were ignored. I wrote to them via contact form and this was ignored. I wrote recorded delivery - interestingly this letter was never delivered if I look at the tracking.

Around the time I contacted them I started receiving daily phone calls from an unknown number and then emails from a debt collector. This went on for a couple of months whilst trying to get a response from Shell. I gave up with Shell, I presume they have chosen to stop contact because it has been handed to a debt collector. I don't know if they are working on behalf of Shell or if they have bought the debt, but I have just asked them for evidence of what i supposedly owe under section 77-79 of CCA 1974. They responded stating they can not provide evidence and to contact Shell. 

I have contacted the credit file company I use and explained how Shell have ignored me and the debt collector has no evidence and asked if I can have the adverse report removed. They said I need to go to an ombudsman. This seems crazy, surely the debt collector or Shell have to prove I owe money rather then me prove i don't? Can anyone advise where I go from here? If the debt collectors bought the debt and they can't provide even a bill of any sort should that not be enough to have it removed? 

D3xt3r5L4b

Do you owe money for a final energy bill after you moved out the property?

Willing2Learn

Did you provide First Utility with your closing meter reading?

Did you provide your new supplier with your opening meter reading?

You need to contact Shell, in writing, stating your position.  If necessary, escalate that into a complaint.  If the complaint is not resolved to your satisfaction, then you will be able to escalate to the ICO, FOS and energy ombudsman. 

Nndh1

The problem started when I moved in, I sent a photo of my actual meter to them. Only weeks later did they decide that it can't have been correct as the numbers didn't make sense to the previous reading taken by the old tenants who had moved out about 4 months earlier. They then started sending random bills varying from hundreds to over £2000. I argued for months over this, I believe they tried to bill me for old tenants and if they say the reading was not correct (despite it being a photo) what do they base the bill on? Just to clarify i continued to pay a DD whilst living there for the ongoing. I escalated to complaints on more than one occasions but got nowhere, it was like speaking to a brick wall, the same regurgitated robotic answers. 

Nndh1

Sorry just to reiterate i have contacted shell but they don't respond. I contacted complaints, nothing.

Willing2Learn

Nndh1 said:

I escalated to complaints on more than one occasions but got nowhere, it was like speaking to a brick wall, the same regurgitated robotic answers. 

No.  You need to do this in writing, via Snail Mail. 

Nndh1

I wrote recorded delivery to Shell back in Feb and the letter was not delivered despite being a huge business park (good old street view). I wrote to their complaints, ignored, i contacted them through contact form, i got an automated receipt, they never replied, I emailed them several times through customer services email (who had replied to say I could pay in instalments), but when i started asking for evidence they ignored every email since. How many attempts should I have to make? If it has gone to a debt collector why should I be chasing Shell?

Willing2Learn

Because it is Shell that is recording the adverse data on your file(s).

Since you appear to have done all this in writing, I recommend you write to both ICO and OFGEM to escalate the complaint.  They will not ignore you. 

You could also write to the assigned DCA, stating that you want collection activity on the account suspended since it is in dispute, in accordance with legislation.

Nndh1

Thank you for your advise. I just can't stand to spend months more on this, seriously I think I've spent over a year on this already and got a big where. Very frustrating. I don't understand why I have to prove i don't owe the money when they have never proven that I do? Very backwards imo

Willing2Learn

You do not have to prove anything.  Legislation is pretty clear.  The onus is on the creditor or DCA to provide evidence to support their assertion that the account is valid.

Please see the relevant part of the FCA handbook as it explains the situation.
https://www.handbook.fca.org.uk/handbook/CONC/7/14.html

Nndh1

But they've placed a debt on my record and I've seen no evidence so in my eyes I'm doing all the running around to get their evidence just to get it removed off my file, rather than it removed off my file until they can prove otherwise....when they won't even acknowledge me! 

Much appreciated though, thank you.