UPDATE :-): Response To ACI and Scottish Power

Twochips

I am hoping get some advice.

Last week, I received an email (and later a letter and a text!) from ACI telling me they had taken over Scottish Power’s old debts, and claimed I owed them around £100. The debt is related to an account that was closed in September 2019. I have a bill/statement that showed my account was in credit to the tune of about £100. when it was closed. That balance was paid back to me in the September 2019.

However, in December 2020, I got two bills, one for gas and one for electricity. They dismissed the gas one straight away as it was obvious it was incorrect ( I used very little gas and the property was vacant for the three previous months).  

The electricity was a bit more complicated as the figures within it made no sense. After several conversations (I think), it was established they had turned the original credit (£100) into a debit and added an additional charge of £180, making a total of £280 they claimed I owed. We agreed the bill was a fiction and a result of a billing error. They agreed this in an email and stated that I did not owe the £180. The Credit amount (£100) was not mentioned. However, they sent a statement in Jan 2021 with a zero balance for the electricity. Again, the calculations made no sense and did not reflect our conversations - but the final figure was zero!

The amount ACI seem to be claiming is the exact same amount that was paid back as credit in September 2019, that is to say, the same difference between the £280 and the billing error of £180. It is the exact amount, so it can’t be a coincidence. I also have no evidence that they dismissed the gas bill, but it doesn’t seem that doesn’t seem to be amount one they are chasing. 

I am not sure what to do here. I spoke to them on Saturday. I didn’t explain the whole story. I explained I wanted to communicate by email or post (neither address was included in the letter or email), so I rang them. I did mention the email from SP  but said nothing else. They wanted to see the email.

I have read in a previous thread I need to ask for a proof of debt - with the words “Please provide evidence of my liability for the alleged debt or send me written confirmation that this matter is now closed.”.  I am not sure what that proof looks like - it seemed to me they are very confident the fact SP have told them there is a debt and that is enough. Who decides the required level of proof?

Should I also send the email saying I don’t owe them, the final statements from September 2019 with the credit balance (the same amount as what they are now chasing), or the final Zero statement? . Further, should I try to explain what I think their error is – or let them come back to me. 

I also mentioned that it has been a long time since I last heard from SP, and surely there was some limit to which they could not chase the debt beyond. He was emphatic they could chase it as long as they needed.

Any thoughts are gratefully received.

Thank you - apologies for the length

MeteredOut

I'd do no more than send them the "prove it" letter. I'd not share any past emails/bills from SP with them - you are under no obligation to.

It not upon you to explain what their error is. ACI won't understand (or care) about the finer details of any bills you received.

I'd certainly not be calling them any more; I hope you withheld your number when you did previously. They were lying if they said they could chase debts indefinitely - there are well defined rules (5 or 6 years depending if you're in Scotland or elsewhere) but also exceptions.

Twochips

Thank you @MeteredOut. Now sent - let see what happens

Twochips

Hello

Coming back for further advice

It has been 14 days since I requested ACI to "prove it." As yet, I have not heard back. 

Do you have any advice as to how to proceed? Should I just leave it or make contact again? I had asked them to prove the debt or confirm the matter is now closed (as the template suggests). 

I find these situations incredibly stressful - I know it is not a huge amount of money, but I don't want to find I have been served with a CCJ or something else through inaction.

Thank again

FreeBear

Twochips said: I find these situations incredibly stressful - I know it is not a huge amount of money, but I don't want to find I have been served with a CCJ or something else through inaction.

There is a long way to go before they can get a CCJ. The first step on their part would be to send you a letter before action - You get another opportunity to say "prove it". Then they file a court claim, at which point, you demand proof and enter a defense - If they still haven't provided proof of the debit, your defense is based on that fact.

Once they pay the required court fees, you'll be offered mediation where you once again demand proof. If mediation fails (or they refuse to participate), you sit in front of a judge and explain that proof of the debt has not been provided - At which point, the judge will either throw out the case or issue an order to pay. If the judge rules against you, you have 30 days to pay and ask for the entry to be removed from the register. Only after 30 days do you get a CCJ.

Plenty of time, and they have little chance of getting a CCJ until they can provide proof of the debt. The ball is in their court (so to speak), so wait for them to respond - The longer it takes, the closer you get to the statute barred date.

Twochips

I guess I just wait then

Twochips

Hello

ACI has now come back. After a phone conversation, I asked them to prove the debt in writing. They have now just passed on SPs written explanation, which does not really explain it! To paraphrase, they have said they paid a credit, which they should not have done.

I am unsure if it is appropriate to put their response here or not. It is about four lines long.

I am not sure what counts as proof of debt, or what I should be expecting. I would have thought I would at least be able to see why the debt occurred, They (Scottish Power and ACI)  are simply ignoring a zero bill that showed a cleared the account some 18 months after I closed the account. They are just saying there was a credit to which I was not entitled, and the debt still stands.

I there is anyone who could explain what I should be expecting as proof of debt I would appreciate it. Happy to post their response if that helps. 

Twochips

I hope you don't mind me asking for a little more advice.

I posted before Here for background. 

After several phone calls and emails ACI say that whatever I think, they have proved the debt and have now started the campaign of calling and emailing.

I have consistently maintained that I will pay if they can show what it is for. I still have no idea what it is for beyond it was from a billing / systems error. 

This is their proof

"Manual posting in this case was due to a re-instatement of an outgoing refund payment line. This had previously put false credit on and the manual posting is the re-instatement of the reversed document. The debt is still due…”

They won’t tell me what the refund is for or why it was false.  I did get a refund in 2019 when I closed the account – but they won't tell me or confirm if this is what is about, or why it is false.

Not sure what to do next. There is no point in trying to convince them they are wrong, or asking for more information. 

My question: Is there any point in allowing it to go to court? They must feel (and have enough experience) to think they have done enough. Would a court realistically consider a defence that they haven’t proven the debt?

Would love to hear your thoughts.

born_again

You are best sticking to one thread.

Twochips

Apologies. 

Twochips

I just got an email tonight that stated they would not be taking any further action.

I kept asking them to explain the debt and they did not seem to be able to do that.

Good news