Energy provider passed a debt my father doesn't owe to debt collector

Anousha1978

Hello all, please can I get experts advise on next steps? I originally posted on Energy page yesterday in error - and a larger thread sits there.

This refers to a letter my father received from EON energy (allegedly) and a debt collection agency 

Facts:

I had a lease on a flat this ‘debt’ refers to from 27 November 2015 until my move out date of 18 December 2017. The lease and bills were all in my name, solely, and I covered all cost. My father lived with me during that time and moved out on the same day – 18 December 2017. He was never responsible for any bills, and his name never appeared on any.

My landlady insisted on 4 weeks notice and charged rent till 8th of January 2018, even though we have vacated the flat fully on 18 Dec 2017 and I have confirmed in an email to her that we have in fact moved out on that day. I have also confirmed in that email I have advised all service providers of the move accordingly - I have a script of my online chat with the EON rep I can provide as a proof of dates, readings, new address I advised them of. I have subsequently received final bill, which I settled immediately and have proof of that as well.

As I mentioned, my father out of the blue received postal package containing a letter from Eon called ‘notice of assignement’ where they claim he owes them for 19 Dec 2017- 2 Feb 2018 period when he, firstly, no longer lived, secondly he was never liable for any bills, as I mentioned all were in my name solely and I settled all accordingly and in timely manner.

Both Eon and the debt collector also quote account number I do not recognize, as his – when I had an account with Eon for the duration of my lease at that property I had a diff account number altogether so its not connected to me.

So how did they even get his name, and how did they ‘create’ an account in his name, when he never had a contract with them in his life. Is this even legal?

I was suggested to send a proof letter to debt collector – should I be contacting Eon as well? What will you advise in this situation- the next steps? I have not done anything yet, hoping for a clearer picture of situation over next couple days.

I have notified Eon accordingly and in a timely way of all changes – they have accepted my readings, move out date and also accepted the final payment and so our contract ended legally then and there?

 Thank you all in advance

sourcrates

What does the letter actually say, do they refer to Eon as their client, or do they say they now own the debt ?

Its an important distinction, because if they don`t own the debt, there is nothing they can do about this matter, if they do own it, then that`s a different ball game, however, no matter who owns the debt, a first response to a debt collection letter is always to ask for proof of liability, and once asked in writing, they must provide such evidence.

We have what we refer too as a "PROVIT LETTER" it can be found here -

Letter when you know nothing about about the debt - AKA "Prove it" letter — MoneySavingExpert Forum

Edit the letter to your specific circumstances, include any more relevant facts you want explaining, and see what comes back.

Once you get a response, then you can either continue to dispute the matter or else take other appropriate action.

Anousha1978

The debt collection agent says : '.. we have acquired the above debt(s) from EON Energy Solution on (...) etc etc. we enclose a copy letter from Eon  confirming our ownership.'

sourcrates

Anousha1978 said:

The debt collection agent says : '.. we have acquired the above debt(s) from EON Energy Solution on (...) etc etc. we enclose a copy letter from Eon  confirming our ownership.'

Ah OK, then they have bought the debt, same advice applies, send the letter to them.

EssexHebridean

Good work posting here - the energy board regulars are very good on energy stuff, but debt experts they are not, and you were being given some worryingly poor advice there! 

Eon almost certainly haven’t created an account in your father’s name at all, it’s just they’re making it appear that way in the hope he’ll panic and pay up. If he did then that’s their job done and they have a lot more return on the debt than they will in their wildest dreams be expecting! It’s likely a fishing trip - they’ve got details of former occupants and your father unsurprisingly falls on that list. 

Anousha1978

Should I, on my fathers behalf, also send a complaint to EON? Thinking if further down the line an Ombudsman is needed  to be involved? From what I have seen online they (EON) are notoriously bad to contact via complaint email if one exists at all  (found no trace of anywhere) or even by phone (from own past experience).
I may have found an intake form: https://www.eonenergy.com/for-your-home/residential-contact-us 

Anousha1978

Anousha1978 said:

Should I, on my fathers behalf, also send a complaint to EON? Thinking if further down the line an Ombudsman is needed  to be involved? From what I have seen online they (EON) are notoriously bad to contact via complaint email if one exists at all  (found no trace of anywhere) or even by phone (from own past experience).
I may have found an intake form: https://www.eonenergy.com/for-your-home/residential-contact-us 

Send it AS my father, obvs, apologies

sourcrates

All you need do for now, is send the provit letter, if the debt is allegedly in your dads name, then send it as if its from him.

Debt collection hinges on one thing, and one thing only, and that is being able to provide evidence/proof that the debt they say is owed by an individual, is actually owed by that individual, in the words of Metallica "Nothing else matters".

It all hinges on whether they can prove this debt is your dads, you/he do not have to prove anything at this stage, the ball is firmly in their court, see what they come back with.

It could be the debt is bogus, or it may partly be owed, at this moment in time, its up to them to prove what they are saying is correct.

Anousha1978

Thank you!

Anousha1978

Can I also ask - is it a normal practice for the debt collection people to report the person they chase to Equifax and other credit agencies at this stage, when they haven't conclusively proved they have the right person, they are just chancing it? I guess I am asking is it possible my father has a mark against him now and he will have to prove its not his debt to clear it? I mean logically speaking there would be so many people wrongly reported as in debt..? But sometimes and with some people logic do not apply, so maybe your experience can advise on this? Thank you again

sourcrates

Anousha1978 said:

Can I also ask - is it a normal practice for the debt collection people to report the person they chase to Equifax and other credit agencies at this stage, when they haven't conclusively proved they have the right person, they are just chancing it? I guess I am asking is it possible my father has a mark against him now and he will have to prove its not his debt to clear it? I mean logically speaking there would be so many people wrongly reported as in debt..? But sometimes and with some people logic do not apply, so maybe your experience can advise on this? Thank you again

Unfortunately yes it is, as they assume automatically they have the right person.

Such is the state of debt collection in this country.