Wrong Address

Bexmac

Hi,

I have received an email from a debt recovery company pursuing a debt at my ex partners home. I never lived there as a permanent resident, the original company (Utility Point) made the account in my name in error (I was trying to help him when he moved in and sort the change over). There is an outstanding amount of £164. However I have sent them proof of my address (water bills going back to 2016 when I moved into my house) and my ID etc. But they are still coming after me, even though I have given them his details. As the account is in my name (in error) they are saying that it is my account and I must pay. Do I have to? I have proved I was never a perm resident and that I was never registered at his house. I don't want bailiffs turning up at my house!!! HELP

Ebe_Scrooge

If the account is in your name, then you are liable for it.  But, there are procedures to follow if you dispute the debt (CAB is always a good start).  An account cannot be simply transferred to someone else.

Bailiffs won't just turn up at your house - that's very much a last resort, and can only be authorise by a court.  You'd receive letters from the court before that happened.

How is your relationship with your ex - is this something that could be resolved amicably?  If not, then I would advise a call to someone like CAB who can offer you expert and impartial advice (sorry, I'm not a legal expert).  But for such a relatively small debt, I'm sure there must be a simple resolution.

I apologise if this is not much help - just didn't want to read and run!

Brie

You say it was set up in error.  Do you have any proof of this??  It may be old emails trying to sort it or something.  If you have anything this would be the first thing that they need to be shown to consider setting aside the debt.  

Alternative thoughts - if it's from 2016 or earlier it may possibly be time barred.  But if it's not and it's with a debt collection company they may be happy to have you offer a much lower amount to make them go away.  £164 isn't a lot of money to them and each letter, email etc is costing them to chase it.  They can't send bailiffs so don't worry about that.

sourcrates

Just be careful here, as this debt is very likely near too, or even past the limitation period.

A proper response to a letter demanding monies sent by a debt collector, or anyone else for that matter, is to send them what`s known as a "PROVIT" letter.

Basically, you're asking them to provide evidence of your liability for this debt, no evidence equals no debt in the eyes of the law.

The "PROVIT" letter can be found in the stickies on the DFW sub board.

If you have not paid or acknowledged this debt in writing since 2016, then it could by now be statute barred, and you won`t have to pay it, however, you must see what their response is first, then determine whether the debt is SB or not.

Send the letter, stay off the phone, writing only where debt is concerned.

Bexmac

Brie said:

You say it was set up in error.  Do you have any proof of this??  It may be old emails trying to sort it or something.  If you have anything this would be the first thing that they need to be shown to consider setting aside the debt.  

Alternative thoughts - if it's from 2016 or earlier it may possibly be time barred.  But if it's not and it's with a debt collection company they may be happy to have you offer a much lower amount to make them go away.  £164 isn't a lot of money to them and each letter, email etc is costing them to chase it.  They can't send bailiffs so don't worry about that.

No Sadly none, it was post 2016. I think I am going to have to get in contact with the ex and explain. Really dont want to have to shell out for his electricity bill from 3 years ago! My own is bad enough! 

Thanks for the advice