Powergen/E:On debt

Pandora_2

Hi all, started this over on the DFW board but someone suggested I might get more help here. Don't know how to move or merge threads so I'm afraid you've just got my original post.
Hope somebody can help!!

I owe Powergen/E:On £440.81 for electricity at my old flat. I can't get my deposit back from that flat until the debt is paid off and I show the landlord the proof. That's fine and fair enough as I knew that when I signed the tenancy agreement.
The problem I have is that Powergen have passed on the debt to a collection agency but I have no idea who!! I rang Powergen to try and come to an arrangement about paying it off in installments and they said it wasn't with them anymore and I should have received a letter from the DCA it's been passed to. I said I hadn't and could they give me the contact details so I could make a payment arrangement. I was told they couldn't give me the details but could transfer me - so I'm guessing it's actually just their debt collection department rather than another company but I'm not sure
After being on hold for ages I finally spoke to an absolute a***hole of a guy who said I should have had a letter from them, explained again that I hadn't, said he would send another (this was about 2 months ago and still not received it!) I asked about making an arrangement and he said the minimum they would accept was around £100 per month!! :eek: Explained that I'm a student and could only realistically afford about £10 per month, at which point he laughed at me and said well there's no point paying anything then as they would be taking me to court in about 6 months if it's not paid in full!!!! :eek:
By this point I was fuming!! :mad:
Managed to keep my temper though, and asked if he would be willing to take a £10 payment over the phone and give me their contact details so I could write to them with my SOA showing that I really couldn't afford more than that. He refused to take a payment and also refused to give me their contact details, even the name of the company!!!! He said all the details will be in the letter and to wait for that! But it STILL hasn't arrived, and I haven't heard anything more from Powergen either

Obviously I'm not trying to get out of paying it, and I really would like my deposit back from my old flat, ironic thing is, that deposit money would pay off the majority of the Powergen debt, but I can't do it that way round :rolleyes:

Any suggestions on how to find out who I need to pay as if they do take me to court, I can't show that I've been willing to pay if I haven't sent them any letters offering payments etc. REALLY don't want to go to court, but I can't see how I can sort this

Thanks in advance, sorry I rambled on a bit! Hope it makes sense!!

Curveygirl

Firstly: why does the landlord think your debt has anything to do with him? The debt's in your name so won't affect him. Unless of course the bill was in the landlord's name, which means that the letters etc from the debt collector are going to him, which would explain why you haven't recvd anything.

Secondly: the debt collector conversation sounds bizarre

For both problems you need to go to the CAB, who devote most of their time these days dealing with these kinds of problems. They have the training, the experience, the pro forma letters to send, and most imprtantly free. Definately go there.

Hang on, just realised while typing. When you rang Powergen, was it definately them? Or was a number your landlord gave you? I'm just wondering if its poss that you just rang a mate of his, which would explain
a) the fact that they 'put you through'
b) the fact they wouldn't give you contact details
c) why they wouldn't take a payment

Anyway, as I said, go to CAB (thats Citizens Advice Bureau)

Pandora_2

Curveygirl wrote: »

Firstly: why does the landlord think your debt has anything to do with him? The debt's in your name so won't affect him. Unless of course the bill was in the landlord's name, which means that the letters etc from the debt collector are going to him, which would explain why you haven't recvd anything. When I signed my tenancy agreement, there was a clause in it stating that to get your deposit back, you had to leave the flat in a clean and tidy state, and that you had to provide final bills showing you were paid in full for Council Tax, electricity, water, and also phone, tv licence etc if applicable. I think it's so that there isn't a debt associated with the property, and that if someone tries to claim money from the next tenant, the landlord has the previous tenants deposit money to pay the debt with instead. Something like that anyway!! The debt is definately in my name though.

Secondly: the debt collector conversation sounds bizarre Haha yeah I know!! :rotfl: After I hung up the phone I sat there for about 20 mins thinking 'well what on earth do I do now????' :rotfl:

For both problems you need to go to the CAB, who devote most of their time these days dealing with these kinds of problems. They have the training, the experience, the pro forma letters to send, and most imprtantly free. Definately go there.

Hang on, just realised while typing. When you rang Powergen, was it definately them? Or was a number your landlord gave you? I'm just wondering if its poss that you just rang a mate of his, which would explain
a) the fact that they 'put you through'
b) the fact they wouldn't give you contact details
c) why they wouldn't take a payment
Yeah it was definately Powergen, rang the number I got off one of my old bills.
Anyway, as I said, go to CAB (thats Citizens Advice Bureau)

I will see if I can get into the CAB this week. The one near me doesn't do appointments though so I need at least a whole morning off as you need to be there by 8:30am at the very latest if you want to stand a chance of getting seen before 12!!!! Luckily once you've been seen initially, they then do appointments so it will just be the once that I have to wait for ages :rolleyes:
As long as it gets it sorted thats all that matters though

Thanks for your help :T

space_rider

Ring again. I can`t believe that the person you spoke to refused to take any money off you. Sounds very bizarre.

Pandora_2

I know!! I couldn't believe it either!! Nobody believes me, but I promise it's true!! Maybe they were new and didn't think they could take a payment less than what was being asked or something like that

I'm hoping they will have a log of my call but, seeing as the guy I spoke to clearly didn't have a clue what he was doing, I'm not getting my hopes up!

Ah the joys of trying to become debt free!! :rotfl:

Terrylw1

As far as utilities go, they will not attempt to pursue the landlord or any new tenant where they can prove you were in the property and owe the debt. If the tenancy agreement and associated debts are linked, you are the only one liable.

Your landlord has no worry there.

The fact they cannot tell you which debt collector they have passed the debt onto is a farce. They have passed it and have to keep records of that.

Go to Energywatch or log a complaint online and they will help you to resolve it. Thats the purpose in the utility sector, they intervene on your behalf.

Go there before CAB. CAB would be useful for releasing up that deposit though as it's seems a little dodgy to hang onto that in a market that won't hold anyone liable where a tenancy agreement proves no liability to the landlord.

Pandora_2

Thats great Terrylw1
Thanks a lot. Definately gonna get cracking on sorting it out this weekend. If I could get my hands on that deposit, then I would be able to pay the majority of the Powergen debt in one go and make life soooooo much easier!!
Bed time for me now, but will pop over to the housing bit on here in the morning and see if anyone knows anything that can help with getting the deposit back asap.
Nite all and thanks for your help :T

Cardew

Terrylw1 wrote: »

As far as utilities go, they will not attempt to pursue the landlord or any new tenant where they can prove you were in the property and owe the debt. If the tenancy agreement and associated debts are linked, you are the only one liable.

Your landlord has no worry there.

Terry,
The tenancy agreement is probably a 'standard' agreement that dates from the time that Credit Reference Agencies 'blacklisted' an address as well as the person with the debt.

This meant that the 'stigma' associated with that address passed on to future occupants - often without them being aware of the situation.

As for paying off the debt, it is surely not unreasonable to refuse an offer of £10 a month that will mean taking nearly 4 years to repay(interest free). - with no certainty the payments would be kept up.

Surely £440 can be borrowed - put on a card etc - if paying off the debt means the return of the deposit - which in turn will pay back the £440???

Pandora_2

I can't get a credit card otherwise I would have done this months ago and already have the full amount of overdraft I'm allowed. Don't know anyone with that kind of cash just lying around either that could lend it to me until I get the deposit back. So borrowing it isn't an option I'm afraid.
Am working on contacting them at the moment though, as well as my old landlord to see if I can come to an arrangement to sort this out.

Terrylw1

Cardew wrote: »

Terry,
The tenancy agreement is probably a 'standard' agreement that dates from the time that Credit Reference Agencies 'blacklisted' an address as well as the person with the debt.

This meant that the 'stigma' associated with that address passed on to future occupants - often without them being aware of the situation.

True, but from a utilities point of view, they cannot hold anybody liable other than on the agreement. It's not uncommon for landlords to hold onto deposits for very unreasonable reasons.

Worth checking the tenancy agreement to see if anything is directly quoted about blacklisting reasons.

My point is that many landlords don't understand how utilities deal with debt and often believe it will be passed onto them when it will be recorded against the tenant on the agreement and landlord will have no monies to pay.

Pandora - the landlord may agree to pay it direct, if he/she does make sure you get a receipt since they can state it was payed in error and the utility would give it them back.