Economy Energy Ghosts are Back!

tc571212

Hi all,
Received the attached today that seems safe to ignore? (Contains loads of 'we might/may/if' statements).
This follows on from sending the following to the liquidators Grant Thornton LLP back in March and I've still not received any proof?

Dear Sir / Madam,

You have contacted me regarding the account with your reference number xxxxxx, which you claim £xxx is owed by myself.

I would point out that I have no knowledge of any such debt being owed to Economy Energy.

I 100% dispute this outstanding balance as I switched away before Economy Energy went into administration and there was no outstanding balance at that point.

I am familiar with the Consumer Credit source book of the Financial Conduct Authority (FCA) which states the following rules.

“A firm must not ignore or disregard a customer’s claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer’s claim is not valid.” 7.5.3

“A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds.” 7.14.1

“Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner.” 7.14.3

“Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.” 7.14.4

“A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds.” 7.14.5

“Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must:
(1) pass the information provided by the customer to the lender or the owner; or
(2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation.” 7.14.6

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

If appropriate I will also take this matter forward as a complaint to the Financial Ombudsman Service and Information Commissioner’s Office.
I look forward to hearing from you.

Any thoughts?

sourcrates

That is a letter of claim, as it states.
You need to fill in the questionnaire style form and return it ASAP.
If you dispute the debt, then say so, you must return the form.

Galloglass

Today's "energy" companies are an oddity. Energy Companies neither generate it, nor distribute it. All they do is purchase an option on the wholesale market and resell it to consumers. They are more like your corner shop going to a wholesaler and then hoping to make a quick turn on individual households' spend.

Often much of the billing, meter reading, call centres and other items are outsourced so when the company falls over information gets lost. Those clearing up after the mess, are usually in the dark but a court claim is a bit like a National Lottery ticket in that there may be a pay out.

So there is no point in quoting the legislation to them, you have to provide facts to show your position or wait until a court case and let them try to produce information to show there is a debt.

Now depending on how organised you are, you may actually have copies of bills to show there is no debt. If you do, and to save hassle, now is the time to do it. Otherwise if you are interested in how the court system works, sit back, wait for a claim and the additional paperwork and spend your time filling in court forms. Everyone should try a court claim at least once to understand the system, but if you don't have the time for the hassle, dig out the paperwork now.