Energy companies - not afraid of the Energy Ombudsman?

Vizard

ArbitraryRandom said:

Vizard said:

EDF, despite being asked to amalgamate our accounts, billed them all separately. The complaint with them remains open, but they have not addressed it and our most recent response to them has received no reply. They have however passed our business details to (at the last count) seven different debt collection agencies. So we have been receiving calls, letters and emails from seven companies, regarding twenty-six accounts, at least once per week.

We did not accept the Ombudsman's ruling because we thought accepting £100 compensation might prejudice a future claim.

Okay... 

The easiest option there would be to contact the debt collection agencies and inform them that the debt is currently in dispute - at which point they should stop contacting you until the matter is resolved. 

By rejecting the Ombudsman's findings you have basically closed the case... and given you can't have two bites at the cherry, any future claims with the ombudsman will need to be 'substantially different' or will be automatically closed. 



https://www.energyombudsman.org/terms-of-reference/terms-of-reference-post-2015

I don't know if you've ever tried calling a debt collector, it isn't always easy. Also, as I mentioned, there are seven of them and there are twenty-six accounts. That would be 182 phone calls.

We did engage with one of them, on one account. We explained the situation and they went back to EDF, who didn't respond, so they closed the case.

ArbitraryRandom

Vizard said:

ArbitraryRandom said:

Vizard said:

EDF, despite being asked to amalgamate our accounts, billed them all separately. The complaint with them remains open, but they have not addressed it and our most recent response to them has received no reply. They have however passed our business details to (at the last count) seven different debt collection agencies. So we have been receiving calls, letters and emails from seven companies, regarding twenty-six accounts, at least once per week.

We did not accept the Ombudsman's ruling because we thought accepting £100 compensation might prejudice a future claim.

Okay... 

The easiest option there would be to contact the debt collection agencies and inform them that the debt is currently in dispute - at which point they should stop contacting you until the matter is resolved. 

By rejecting the Ombudsman's findings you have basically closed the case... and given you can't have two bites at the cherry, any future claims with the ombudsman will need to be 'substantially different' or will be automatically closed. 



https://www.energyombudsman.org/terms-of-reference/terms-of-reference-post-2015

I don't know if you've ever tried calling a debt collector, it isn't always easy. Also, as I mentioned, there are seven of them and there are twenty-six accounts. That would be 182 phone calls.

We did engage with one of them, on one account. We explained the situation and they went back to EDF, who didn't respond, so they closed the case.

Yes, on my behalf and on the behalf of other people - but I would suggest 7 debt collectors would mean seven phone calls or letters (and the letters can be the 'same' letter with minor amendments for the account reference numbers) - plus if they are phoning you each week then you just need to answer the call  

But either way, surely it's more efficient to get it done once and for all rather than having them all phone each and every week until this is sorted?

masonic

Vizard said:

I don't know if you've ever tried calling a debt collector, it isn't always easy. Also, as I mentioned, there are seven of them and there are twenty-six accounts. That would be 182 phone calls.

Perhaps the gravity of these issues in your circumstances compared with what is typical in a consumer complaint and what probably would have been assumed without a detailed explanation, goes some way to explaining why the outcome didn't meet your expectations. Take a look at this example of one of the case studies they have described on their website and compare and contrast!

Vizard

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

EDF, despite being asked to amalgamate our accounts, billed them all separately. The complaint with them remains open, but they have not addressed it and our most recent response to them has received no reply. They have however passed our business details to (at the last count) seven different debt collection agencies. So we have been receiving calls, letters and emails from seven companies, regarding twenty-six accounts, at least once per week.

We did not accept the Ombudsman's ruling because we thought accepting £100 compensation might prejudice a future claim.

Okay... 

The easiest option there would be to contact the debt collection agencies and inform them that the debt is currently in dispute - at which point they should stop contacting you until the matter is resolved. 

By rejecting the Ombudsman's findings you have basically closed the case... and given you can't have two bites at the cherry, any future claims with the ombudsman will need to be 'substantially different' or will be automatically closed. 



https://www.energyombudsman.org/terms-of-reference/terms-of-reference-post-2015

I don't know if you've ever tried calling a debt collector, it isn't always easy. Also, as I mentioned, there are seven of them and there are twenty-six accounts. That would be 182 phone calls.

We did engage with one of them, on one account. We explained the situation and they went back to EDF, who didn't respond, so they closed the case.

Yes, on my behalf and on the behalf of other people - but I would suggest 7 debt collectors would mean seven phone calls or letters (and the letters can be the 'same' letter with minor amendments for the account reference numbers) - plus if they are phoning you each week then you just need to answer the call  

But either way, surely it's more efficient to get it done once and for all rather than having them all phone each and every week until this is sorted?

You make it sound a lot easier than it is in reality.

They call my office and my personal mobile. One of them even got my HOME number somehow.

The calls are automated and don't connect until you answer. Then you are queued to speak to an agent. The agent doesn't know we have twenty-six accounts and just says they are phoning on behalf of their client about a gas account. The call usually ends when I don't guess correctly which gas account it is and they are not allowed to tell me because GDPR.

Vizard

masonic said:

Vizard said:

I don't know if you've ever tried calling a debt collector, it isn't always easy. Also, as I mentioned, there are seven of them and there are twenty-six accounts. That would be 182 phone calls.

Perhaps the gravity of these issues in your circumstances compared with what is typical in a consumer complaint and what probably would have been assumed without a detailed explanation, goes some way to explaining why the outcome didn't meet your expectations. Take a look at this example of one of the case studies they have described on their website and compare and contrast!

Yes, our complaint was basically 26 small consumer complaints. The Ombudsman told me the most common award is £50 and we were awarded £100 due to the gravity of the problem.

Which works out at £3.85 per account.

ArbitraryRandom

Vizard said:

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

EDF, despite being asked to amalgamate our accounts, billed them all separately. The complaint with them remains open, but they have not addressed it and our most recent response to them has received no reply. They have however passed our business details to (at the last count) seven different debt collection agencies. So we have been receiving calls, letters and emails from seven companies, regarding twenty-six accounts, at least once per week.

We did not accept the Ombudsman's ruling because we thought accepting £100 compensation might prejudice a future claim.

Okay... 

The easiest option there would be to contact the debt collection agencies and inform them that the debt is currently in dispute - at which point they should stop contacting you until the matter is resolved. 

By rejecting the Ombudsman's findings you have basically closed the case... and given you can't have two bites at the cherry, any future claims with the ombudsman will need to be 'substantially different' or will be automatically closed. 



https://www.energyombudsman.org/terms-of-reference/terms-of-reference-post-2015

I don't know if you've ever tried calling a debt collector, it isn't always easy. Also, as I mentioned, there are seven of them and there are twenty-six accounts. That would be 182 phone calls.

We did engage with one of them, on one account. We explained the situation and they went back to EDF, who didn't respond, so they closed the case.

Yes, on my behalf and on the behalf of other people - but I would suggest 7 debt collectors would mean seven phone calls or letters (and the letters can be the 'same' letter with minor amendments for the account reference numbers) - plus if they are phoning you each week then you just need to answer the call  

But either way, surely it's more efficient to get it done once and for all rather than having them all phone each and every week until this is sorted?

You make it sound a lot easier than it is in reality.

Easier than doing nothing and letting the calls/letters continue indefinitely.

You know the names of the debt collection companies (or can ask them when they phone who they're phoning from) - so you can find them on companies house https://www.gov.uk/get-information-about-a-company... therefore you can get their registered business address. 

So write a letter (I'll paste a draft below for amendment) and send it seven times. 

Dear Sir/Madam,

Re EDF Account Numbers: (all 26)

You have contacted me regarding the above accounts. Please be aware I am currently disputing the alleged debt on these accounts with the supplier. 

I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following:

"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

If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance and I will have no option but to make a complaint to my local trading standards service and consider informing the FCA of your actions.

Also, ignoring claims that debts are disputed and continuing to make unjustified demands for payment is harassment.

Please do not make any further contact about the above accounts while the dispute is ongoing. 

Your name

Send first class with proof of posting (don't bother with signed for as they can be rejected or not signed for)

Vizard

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

EDF, despite being asked to amalgamate our accounts, billed them all separately. The complaint with them remains open, but they have not addressed it and our most recent response to them has received no reply. They have however passed our business details to (at the last count) seven different debt collection agencies. So we have been receiving calls, letters and emails from seven companies, regarding twenty-six accounts, at least once per week.

We did not accept the Ombudsman's ruling because we thought accepting £100 compensation might prejudice a future claim.

Okay... 

The easiest option there would be to contact the debt collection agencies and inform them that the debt is currently in dispute - at which point they should stop contacting you until the matter is resolved. 

By rejecting the Ombudsman's findings you have basically closed the case... and given you can't have two bites at the cherry, any future claims with the ombudsman will need to be 'substantially different' or will be automatically closed. 



https://www.energyombudsman.org/terms-of-reference/terms-of-reference-post-2015

I don't know if you've ever tried calling a debt collector, it isn't always easy. Also, as I mentioned, there are seven of them and there are twenty-six accounts. That would be 182 phone calls.

We did engage with one of them, on one account. We explained the situation and they went back to EDF, who didn't respond, so they closed the case.

Yes, on my behalf and on the behalf of other people - but I would suggest 7 debt collectors would mean seven phone calls or letters (and the letters can be the 'same' letter with minor amendments for the account reference numbers) - plus if they are phoning you each week then you just need to answer the call  

But either way, surely it's more efficient to get it done once and for all rather than having them all phone each and every week until this is sorted?

You make it sound a lot easier than it is in reality.

Easier than doing nothing and letting the calls/letters continue indefinitely.

You know the names of the debt collection companies (or can ask them when they phone who they're phoning from) - so you can find them on companies house https://www.gov.uk/get-information-about-a-company... therefore you can get their registered business address. 

So write a letter (I'll paste a draft below for amendment) and send it seven times. 

Dear Sir/Madam,

Re EDF Account Numbers: (all 26)

You have contacted me regarding the above accounts. Please be aware I am currently disputing the alleged debt on these accounts with the supplier. 

I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following:

"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

If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance and I will have no option but to make a complaint to my local trading standards service and consider informing the FCA of your actions.

Also, ignoring claims that debts are disputed and continuing to make unjustified demands for payment is harassment.

Please do not make any further contact about the above accounts while the dispute is ongoing. 

Your name

Send first class with proof of posting (don't bother with signed for as they can be rejected or not signed for)

Thanks for the letter format, if I had come to this sooner I might have fired off some of those. It is not dissimilar to the one I sent to one agency, who have now stopped bothering us, on another matter. Note: It seems that increasingly firms are not dealing with complaints and going immediately to debt collectors.

What I actually decided we would do is ignore them all entirely for two reasons.

1. EDF is aware that all the accounts are disputed and on what basis. The ball is in their court.

2. Eventually collection will require them to take us to court. Before they issue court proceedings, they will have to issue a letter of claim and then proceedings. Someone with half a brain will have to look at the matter and then, hopefully, we stand some chance of having a meaningful dialogue.

masonic

Vizard said:

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

EDF, despite being asked to amalgamate our accounts, billed them all separately. The complaint with them remains open, but they have not addressed it and our most recent response to them has received no reply. They have however passed our business details to (at the last count) seven different debt collection agencies. So we have been receiving calls, letters and emails from seven companies, regarding twenty-six accounts, at least once per week.

We did not accept the Ombudsman's ruling because we thought accepting £100 compensation might prejudice a future claim.

Okay... 

The easiest option there would be to contact the debt collection agencies and inform them that the debt is currently in dispute - at which point they should stop contacting you until the matter is resolved. 

By rejecting the Ombudsman's findings you have basically closed the case... and given you can't have two bites at the cherry, any future claims with the ombudsman will need to be 'substantially different' or will be automatically closed. 



https://www.energyombudsman.org/terms-of-reference/terms-of-reference-post-2015

I don't know if you've ever tried calling a debt collector, it isn't always easy. Also, as I mentioned, there are seven of them and there are twenty-six accounts. That would be 182 phone calls.

We did engage with one of them, on one account. We explained the situation and they went back to EDF, who didn't respond, so they closed the case.

Yes, on my behalf and on the behalf of other people - but I would suggest 7 debt collectors would mean seven phone calls or letters (and the letters can be the 'same' letter with minor amendments for the account reference numbers) - plus if they are phoning you each week then you just need to answer the call  

But either way, surely it's more efficient to get it done once and for all rather than having them all phone each and every week until this is sorted?

You make it sound a lot easier than it is in reality.

Easier than doing nothing and letting the calls/letters continue indefinitely.

You know the names of the debt collection companies (or can ask them when they phone who they're phoning from) - so you can find them on companies house https://www.gov.uk/get-information-about-a-company... therefore you can get their registered business address. 

So write a letter (I'll paste a draft below for amendment) and send it seven times. 

Dear Sir/Madam,

Re EDF Account Numbers: (all 26)

You have contacted me regarding the above accounts. Please be aware I am currently disputing the alleged debt on these accounts with the supplier. 

I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following:

"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

If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance and I will have no option but to make a complaint to my local trading standards service and consider informing the FCA of your actions.

Also, ignoring claims that debts are disputed and continuing to make unjustified demands for payment is harassment.

Please do not make any further contact about the above accounts while the dispute is ongoing. 

Your name

Send first class with proof of posting (don't bother with signed for as they can be rejected or not signed for)

Thanks for the letter format, if I had come to this sooner I might have fired off some of those. It is not dissimilar to the one I sent to one agency, who have now stopped bothering us, on another matter. Note: It seems that increasingly firms are not dealing with complaints and going immediately to debt collectors.

What I actually decided we would do is ignore them all entirely for two reasons.
1. EDF is aware that all the accounts are disputed and on what basis. The ball is in their court.
2. Eventually collection will require them to take us to court. Before they issue court proceedings, they will have to issue a letter of claim and then proceedings. Someone with half a brain will have to look at the matter and then, hopefully, we stand some chance of having a meaningful dialogue.

Are you willing to be pestered for some indeterminate amount of time while EDF works through the dispute (or doesn't)? I imagine it is having an impact on your business and your life outside work. How will this look if you eventually decide to take EDF to court? A history of failure to take simple mitigating actions to limit the impact of the issues might be detrimental to your case, and you may not be able to claim for costs you let get out of hand through your own inaction.

Vizard

masonic said:

Vizard said:

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

EDF, despite being asked to amalgamate our accounts, billed them all separately. The complaint with them remains open, but they have not addressed it and our most recent response to them has received no reply. They have however passed our business details to (at the last count) seven different debt collection agencies. So we have been receiving calls, letters and emails from seven companies, regarding twenty-six accounts, at least once per week.

We did not accept the Ombudsman's ruling because we thought accepting £100 compensation might prejudice a future claim.

Okay... 

The easiest option there would be to contact the debt collection agencies and inform them that the debt is currently in dispute - at which point they should stop contacting you until the matter is resolved. 

By rejecting the Ombudsman's findings you have basically closed the case... and given you can't have two bites at the cherry, any future claims with the ombudsman will need to be 'substantially different' or will be automatically closed. 



https://www.energyombudsman.org/terms-of-reference/terms-of-reference-post-2015

I don't know if you've ever tried calling a debt collector, it isn't always easy. Also, as I mentioned, there are seven of them and there are twenty-six accounts. That would be 182 phone calls.

We did engage with one of them, on one account. We explained the situation and they went back to EDF, who didn't respond, so they closed the case.

Yes, on my behalf and on the behalf of other people - but I would suggest 7 debt collectors would mean seven phone calls or letters (and the letters can be the 'same' letter with minor amendments for the account reference numbers) - plus if they are phoning you each week then you just need to answer the call  

But either way, surely it's more efficient to get it done once and for all rather than having them all phone each and every week until this is sorted?

You make it sound a lot easier than it is in reality.

Easier than doing nothing and letting the calls/letters continue indefinitely.

You know the names of the debt collection companies (or can ask them when they phone who they're phoning from) - so you can find them on companies house https://www.gov.uk/get-information-about-a-company... therefore you can get their registered business address. 

So write a letter (I'll paste a draft below for amendment) and send it seven times. 

Dear Sir/Madam,

Re EDF Account Numbers: (all 26)

You have contacted me regarding the above accounts. Please be aware I am currently disputing the alleged debt on these accounts with the supplier. 

I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following:

"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

If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance and I will have no option but to make a complaint to my local trading standards service and consider informing the FCA of your actions.

Also, ignoring claims that debts are disputed and continuing to make unjustified demands for payment is harassment.

Please do not make any further contact about the above accounts while the dispute is ongoing. 

Your name

Send first class with proof of posting (don't bother with signed for as they can be rejected or not signed for)

Thanks for the letter format, if I had come to this sooner I might have fired off some of those. It is not dissimilar to the one I sent to one agency, who have now stopped bothering us, on another matter. Note: It seems that increasingly firms are not dealing with complaints and going immediately to debt collectors.

What I actually decided we would do is ignore them all entirely for two reasons.
1. EDF is aware that all the accounts are disputed and on what basis. The ball is in their court.
2. Eventually collection will require them to take us to court. Before they issue court proceedings, they will have to issue a letter of claim and then proceedings. Someone with half a brain will have to look at the matter and then, hopefully, we stand some chance of having a meaningful dialogue.

Are you willing to be pestered for some indeterminate amount of time while EDF works through the dispute (or doesn't)? I imagine it is having an impact on your business and your life outside work. How will this look if you eventually decide to take EDF to court? A history of failure to take simple mitigating actions to limit the impact of the issues might be detrimental to your case, and you may not be able to claim for costs you let get out of hand through your own inaction.

masonic said:

Vizard said:

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

EDF, despite being asked to amalgamate our accounts, billed them all separately. The complaint with them remains open, but they have not addressed it and our most recent response to them has received no reply. They have however passed our business details to (at the last count) seven different debt collection agencies. So we have been receiving calls, letters and emails from seven companies, regarding twenty-six accounts, at least once per week.

We did not accept the Ombudsman's ruling because we thought accepting £100 compensation might prejudice a future claim.

Okay... 

The easiest option there would be to contact the debt collection agencies and inform them that the debt is currently in dispute - at which point they should stop contacting you until the matter is resolved. 

By rejecting the Ombudsman's findings you have basically closed the case... and given you can't have two bites at the cherry, any future claims with the ombudsman will need to be 'substantially different' or will be automatically closed. 



https://www.energyombudsman.org/terms-of-reference/terms-of-reference-post-2015

I don't know if you've ever tried calling a debt collector, it isn't always easy. Also, as I mentioned, there are seven of them and there are twenty-six accounts. That would be 182 phone calls.

We did engage with one of them, on one account. We explained the situation and they went back to EDF, who didn't respond, so they closed the case.

Yes, on my behalf and on the behalf of other people - but I would suggest 7 debt collectors would mean seven phone calls or letters (and the letters can be the 'same' letter with minor amendments for the account reference numbers) - plus if they are phoning you each week then you just need to answer the call  

But either way, surely it's more efficient to get it done once and for all rather than having them all phone each and every week until this is sorted?

You make it sound a lot easier than it is in reality.

Easier than doing nothing and letting the calls/letters continue indefinitely.

You know the names of the debt collection companies (or can ask them when they phone who they're phoning from) - so you can find them on companies house https://www.gov.uk/get-information-about-a-company... therefore you can get their registered business address. 

So write a letter (I'll paste a draft below for amendment) and send it seven times. 

Dear Sir/Madam,

Re EDF Account Numbers: (all 26)

You have contacted me regarding the above accounts. Please be aware I am currently disputing the alleged debt on these accounts with the supplier. 

I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following:

"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

If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance and I will have no option but to make a complaint to my local trading standards service and consider informing the FCA of your actions.

Also, ignoring claims that debts are disputed and continuing to make unjustified demands for payment is harassment.

Please do not make any further contact about the above accounts while the dispute is ongoing. 

Your name

Send first class with proof of posting (don't bother with signed for as they can be rejected or not signed for)

Thanks for the letter format, if I had come to this sooner I might have fired off some of those. It is not dissimilar to the one I sent to one agency, who have now stopped bothering us, on another matter. Note: It seems that increasingly firms are not dealing with complaints and going immediately to debt collectors.

What I actually decided we would do is ignore them all entirely for two reasons.
1. EDF is aware that all the accounts are disputed and on what basis. The ball is in their court.
2. Eventually collection will require them to take us to court. Before they issue court proceedings, they will have to issue a letter of claim and then proceedings. Someone with half a brain will have to look at the matter and then, hopefully, we stand some chance of having a meaningful dialogue.

Are you willing to be pestered for some indeterminate amount of time while EDF works through the dispute (or doesn't)? I imagine it is having an impact on your business and your life outside work. How will this look if you eventually decide to take EDF to court? A history of failure to take simple mitigating actions to limit the impact of the issues might be detrimental to your case, and you may not be able to claim for costs you let get out of hand through your own inaction.

masonic said:

Vizard said:

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

ArbitraryRandom said:

Vizard said:

EDF, despite being asked to amalgamate our accounts, billed them all separately. The complaint with them remains open, but they have not addressed it and our most recent response to them has received no reply. They have however passed our business details to (at the last count) seven different debt collection agencies. So we have been receiving calls, letters and emails from seven companies, regarding twenty-six accounts, at least once per week.

We did not accept the Ombudsman's ruling because we thought accepting £100 compensation might prejudice a future claim.

Okay... 

The easiest option there would be to contact the debt collection agencies and inform them that the debt is currently in dispute - at which point they should stop contacting you until the matter is resolved. 

By rejecting the Ombudsman's findings you have basically closed the case... and given you can't have two bites at the cherry, any future claims with the ombudsman will need to be 'substantially different' or will be automatically closed. 



https://www.energyombudsman.org/terms-of-reference/terms-of-reference-post-2015

I don't know if you've ever tried calling a debt collector, it isn't always easy. Also, as I mentioned, there are seven of them and there are twenty-six accounts. That would be 182 phone calls.

We did engage with one of them, on one account. We explained the situation and they went back to EDF, who didn't respond, so they closed the case.

Yes, on my behalf and on the behalf of other people - but I would suggest 7 debt collectors would mean seven phone calls or letters (and the letters can be the 'same' letter with minor amendments for the account reference numbers) - plus if they are phoning you each week then you just need to answer the call  

But either way, surely it's more efficient to get it done once and for all rather than having them all phone each and every week until this is sorted?

You make it sound a lot easier than it is in reality.

Easier than doing nothing and letting the calls/letters continue indefinitely.

You know the names of the debt collection companies (or can ask them when they phone who they're phoning from) - so you can find them on companies house https://www.gov.uk/get-information-about-a-company... therefore you can get their registered business address. 

So write a letter (I'll paste a draft below for amendment) and send it seven times. 

Dear Sir/Madam,

Re EDF Account Numbers: (all 26)

You have contacted me regarding the above accounts. Please be aware I am currently disputing the alleged debt on these accounts with the supplier. 

I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following:

"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

If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance and I will have no option but to make a complaint to my local trading standards service and consider informing the FCA of your actions.

Also, ignoring claims that debts are disputed and continuing to make unjustified demands for payment is harassment.

Please do not make any further contact about the above accounts while the dispute is ongoing. 

Your name

Send first class with proof of posting (don't bother with signed for as they can be rejected or not signed for)

Thanks for the letter format, if I had come to this sooner I might have fired off some of those. It is not dissimilar to the one I sent to one agency, who have now stopped bothering us, on another matter. Note: It seems that increasingly firms are not dealing with complaints and going immediately to debt collectors.

What I actually decided we would do is ignore them all entirely for two reasons.
1. EDF is aware that all the accounts are disputed and on what basis. The ball is in their court.
2. Eventually collection will require them to take us to court. Before they issue court proceedings, they will have to issue a letter of claim and then proceedings. Someone with half a brain will have to look at the matter and then, hopefully, we stand some chance of having a meaningful dialogue.

Are you willing to be pestered for some indeterminate amount of time while EDF works through the dispute (or doesn't)? I imagine it is having an impact on your business and your life outside work. How will this look if you eventually decide to take EDF to court? A history of failure to take simple mitigating actions to limit the impact of the issues might be detrimental to your case, and you may not be able to claim for costs you let get out of hand through your own inaction.

As I have explained, I would have to make 182 phone calls or send 182 letters, assuming that each of the debt collectors acted upon my correspondence in every case. Given the calibre of the people I'd be dealing with, it is not an unrealistic estimate that it could be three times that number.

I very much doubt that a judge would penalise me for not responding to every contact, when the full situation is made clear.

ArbitraryRandom

Vizard said:

Are you willing to be pestered for some indeterminate amount of time while EDF works through the dispute (or doesn't)? I imagine it is having an impact on your business and your life outside work. How will this look if you eventually decide to take EDF to court? A history of failure to take simple mitigating actions to limit the impact of the issues might be detrimental to your case, and you may not be able to claim for costs you let get out of hand through your own inaction.

As I have explained, I would have to make 182 phone calls or send 182 letters, assuming that each of the debt collectors acted upon my correspondence in every case. Given the calibre of the people I'd be dealing with, it is not an unrealistic estimate that it could be three times that number.

I very much doubt that a judge would penalise me for not responding to every contact, when the full situation is made clear.

If you are trying to claim costs for dealing with each contact (as you seem to have attempted with your previous case) then they will... 

But to restate in case you misunderstood, you would only need to send seven letters (one per collection agency) each listing the account numbers of all relevant accounts.