Perch Group/TM Legal - Pre Action Protocol letter - Debt NOT mine

koahanee

Hi all,

I have been receiving a few letters from TM Legal/Perch group about a debt owned to EDF energy for utilities from October 2020 to Feb 2021 for an amount of £646.

The thing is I moved out of the property (where EDF provided the energy) in September 2020. I have my current lease to prove this. On moving out, I cleared the EDF balance - thanks the lord I did a screenshot and somehow I have still got it which showed the balance was £0 in September 2020. I am not sure how I ended up owing EDF this amount given I haven’t lived there.

TM legal has now sent me a letter dated 27/6/26 saying Pursuant to the Pre Action Protocol for Debt Claims, I have 30 days from the date of the letter to respond. What am I supposed to do?

Would also be most grateful if someone can outline the County Court process in case I need to defend this in court.

Many thanks

Grumpelstiltskin

Is there a form for you to fill in? If not it is not a letter before action but just a threat.

fatbelly

You can complete the form ticking that you deny the debt (Box D) and asking for proof in Box I

It will probably be ignored and you will have to defend the claim when it comes.

We can talk you through the process as it happens

jaybeetoo

Did you receive a final statement from EDF after you moved out? Have you contacted EDF?

koahanee

Hi,

Thanks all for getting back to me.

@Grumpelstiltskin @fatbelly Yes there is a reply form, with the boxes as you mentioned. -Will I have to post the reply form, or can I email them? Was just thinking as for email I would actually have proof that I have sent the reply form back.

@jaybeetoo - I don’t remember receiving a final statement from EDF. I have contacted them yesterday, but they said as I am no longer the account holder at that address they can’t discuss it. They said to email them my lease and the screenshot of my account that I have when I moved out which I have done & waiting to hear back.

Grumpelstiltskin

You will have to send the reply by snail mail, keep a copy of it and send it first class and ask for proof of posting ( free ) don't bother with recorded delivery.

sourcrates

Perch are a debt purchasing company, they buy up old debts in bulk, and TM Legal is their tame solicitor.

Its likely this debt may belong to the tennent/tenants who were in the property after you.

Unfortunately these companies are not much concerned with who the real debtor may or may not be, they are quite likely to ignore your dispute and you may well end up with a court claim to deal with.

The good news is you have supporting evidence, to back up your story, so should be able to successfully defend any claim made against you, see how TM Legal react to the LBA requests.

ManyWays

In addition to sending back that Reply Form asap,

I suggest you also send EDF a Subject Access Request by email to dpo@edfenergy.com
Ask for a copy of all the information they have about your account from, say January 2000 to now.
Give the account number if you can, as well as your full name, date of birth, street address.

koahanee

Thank you all @Grumpelstiltskin @sourcrates @ManyWays

Will send the reply back to TM Legals by snail mail and keep proof of postage.

Have also sent a SAR to EDF.

Having a quick Google on the CCJ process, I think there are struck timeframe to every steps of this process. Only one issue I am out of the country for the whole of this coming July - is there a way to let TM Legals know/ put the process on hold in July as I won’t be on the country to receive or action any correspondence

thanks

fatbelly

The court will send a Directions Questionnaire where you can say when you are not available. That comes after you defend a claim

ManyWays

When exactly did you get this letter before claim with the reply form? You have to reply within 30 days, and its not good to leave it until the last minute. But there is no advantage in returning it very early if you are going to be out of the country in July.

you need to get any copurt claim form promptly as you only have a short time to send back a defence.

I suggest ticking Box C (you don't know if you owe the debt) as TML then has to allow you extra time to get debt advice.