EDF debt over 6 years ago

Options
Denzel85
Denzel85 Posts: 7 Forumite
First Anniversary
in Energy
Hi all,
I've just received a letter from Lowell financial stating they have bought my debt of £201.59 from EDF energy that is just over 6 years old and a debt I wasn't even aware of?? How do I query this, I've phoned EDF who have told me to ring lowell, which I will do tomorrow. Just want to know where I stand when I phone them tomorrow.
«1

Comments

  • D_M_E
    D_M_E Posts: 3,008 Forumite
    Name Dropper First Anniversary First Post
    Options
    DO NOT PHONE the debt collector - WRITE to them and ask for all communication in writing, do not give them your phone number.

    Over on the debtfree wannabe board there are links to a proveit letter in the first sticky post I think - can't do links on the phone - use that template and ask them to prove that the alledged bill is yours.

    Also, if it does turn out to be yours, demand an itemised bill showing how the supplier arrived at the amount owing.

    Also, as it's over 6 years old then the limitations act comes in - basically if the debt is over 6 years old with no acknowledgement from the so called debtor in 6 years from the day the debt was raised then you don't have to pay but I am not sure if this applies to energy debts.
  • dogshome
    dogshome Posts: 3,877 Forumite
    Name Dropper First Post First Anniversary
    Options
    YES - The Statute of Limitations does apply to energy bills.
    Check the date of the alledged debt against the date of the first communication you had from Lowell - If it's more than 6 years, even by one day, it's out of time and cannot be pursued
  • PaschalFun
    PaschalFun Posts: 241 Forumite
    Options
    How can anyopne be unware of owing an energy supplier for many years ca. £200 for energy they have previously consumed and not yet paid for?

    If a debt is barred under statute, it means that by law (the Limitation Act), the lender has run out of time to use certain types of action to try and make you pay the debt. Statute-barred does not mean the debt no longer exists.
  • simonpawlin
    simonpawlin Posts: 2 Newbie
    First Anniversary
    Options
    This is probably an error,

    I had a letter at the end of last week saying I owed >£650 on a debt from 5 years ago but it was a mistake. When I called EDF to complain they said lots of people had received letters in error! But it seems to me that many people will pay for !!!8220;fake!!!8221; debt out of worry. Check the dates on your letter, check the account number. On my letter these were all incorrect.
  • Cardew
    Cardew Posts: 29,037 Forumite
    Name Dropper First Anniversary First Post Rampant Recycler
    Options
    D_M_E wrote: »
    Also, as it's over 6 years old then the limitations act comes in - basically if the debt is over 6 years old with no acknowledgement from the so called debtor in 6 years from the day the debt was raised then you don't have to pay but I am not sure if this applies to energy debts.

    Agree with your remarks above but have a query about your definition of Statute of Limitations Act.

    It has always been my understanding that once a valid bill has been raised and sent to someone, then it doesn't 'expire' after 6 years.

    e.g. if I owe £1,000 to a company, and a bill has been raised, I cannot go abroad for 6+ years and on return to UK claim it no longer applies.

    To repeat, that is my understanding, but I may well be wrong. Anyone know for certain?
  • System
    System Posts: 178,094 Community Admin
    Photogenic Name Dropper First Post
    Options
    Cardew wrote: »

    To repeat, that is my understanding, but I may well be wrong. Anyone know for certain?

    This might help:

    https://www.nationaldebtline.org/EW/factsheets/Pages/time-limits-for-recovering-debts/statute-barred-debt.aspx

    NB: The Statute does not stop an agency from pursuing a debtor. Interestingly, it also does not prevent a marker being placed on a Credit File.
  • Kirwan94
    Kirwan94 Posts: 7 Forumite
    Options
    If you have not been informed of this Debt until now then it is invalid. Under the Energy Back Billing rules companies can back bill energy for 12 months, so if they didn't produce a bill for this balance for over 12 months it would be invalid.

    I'm assuming you've either Changed supplier or moved home? If you failed to provide a valid meter reading this may not be valid but here's information from OFGEM

    ( As I am a new user I cannot post links! However a quick search on OFGEMs website for BackBilling will bring up what you need)

    If you feel this applies ask EDF to recall the balance and investigate the possibility of an EUK!

    It would probably be better to do this through a complaint rather than talking to front line agents.
  • Cardew
    Cardew Posts: 29,037 Forumite
    Name Dropper First Anniversary First Post Rampant Recycler
    Options
    Kirwan94 wrote: »
    If you have not been informed of this Debt until now then it is invalid. Under the Energy Back Billing rules companies can back bill energy for 12 months, so if they didn't produce a bill for this balance for over 12 months it would be invalid.

    I'm assuming you've either Changed supplier or moved home? If you failed to provide a valid meter reading this may not be valid but here's information from OFGEM

    ( As I am a new user I cannot post links! However a quick search on OFGEMs website for BackBilling will bring up what you need)

    If you feel this applies ask EDF to recall the balance and investigate the possibility of an EUK!

    It would probably be better to do this through a complaint rather than talking to front line agents.

    There are many thousands of posts on MSE about back-billing. See
    https://www.energy-uk.org.uk/customers/energy-industry-codes/code-of-practice-for-accurate-bills.html
    Back billing

    A back bill is often called a ‘catch-up’ bill. It shows your charges either when your energy supplier hasn’t billed you at all, or when you’ve been billed incorrectly for the energy you’ve used. Back bills can be for any amount. However, if suppliers have made a mistake, they have agreed to limit when and how far back they can charge you to no more than one year.

    So, if your supplier is at fault and hasn’t sent you an accurate bill, when they do send a ‘catch-up’ bill, they won’t ask you to pay any extra for any energy used more than one year ago. When working out any adjustment to your bill, suppliers will take off any payments or other financial credits already applied to the account.
    The back-billing scenarios document has been developed with input from suppliers to reflect the principles which all of the major energy suppliers follow relating to back billing in the domestic energy market.

    If the company produced a bill and sent it to the customer, it is a valid bill. They do not have to prove the customer received the bill.

    So in the case of the OP his defence would need to be that EDF did not produce a bill, or he can prove that he settled his bill in full 6 years ago.

    However the advice given in post#2 very much applies - do not phone the Debt Collection Agency. They haven't the slightest interest in proving the debt is valid; they simply want money and will bluff and intimidate.
  • Mooselini
    Mooselini Posts: 1 Newbie
    Options
    We have had something similar. Our supposed debt goes back to 2013. My wife and I rented a house and ensured on leaving everything was paid up. This was a condition of getting our deposit back. We kept the paperwork because you never know. Earlier this month we received a letter from EDF to say they have sold a debt to Lowell for the time after we left and until the property was sold. Therefore not our debt. We have a Final Bill, an email and our statement showing we paid up.

    I phoned EDF who confirmed we didn't owe any money. Our account was closed. My wife phoned Lowell who was only interested in getting the money and not the validity of the debt. My wife is livid. Not only about this fake debt but also that EDF and Lowell have passed around information about her which is fake.

    I've written to the Company Secretary of EDF and of Lowell about these untruths. See what response I get.
  • Cardew
    Cardew Posts: 29,037 Forumite
    Name Dropper First Anniversary First Post Rampant Recycler
    Options
    Mooselini wrote: »
    We have had something similar. Our supposed debt goes back to 2013. My wife and I rented a house and ensured on leaving everything was paid up. This was a condition of getting our deposit back. We kept the paperwork because you never know. Earlier this month we received a letter from EDF to say they have sold a debt to Lowell for the time after we left and until the property was sold. Therefore not our debt. We have a Final Bill, an email and our statement showing we paid up.

    I phoned EDF who confirmed we didn't owe any money. Our account was closed. My wife phoned Lowell who was only interested in getting the money and not the validity of the debt. My wife is livid. Not only about this fake debt but also that EDF and Lowell have passed around information about her which is fake.

    I've written to the Company Secretary of EDF and of Lowell about these untruths. See what response I get.

    Welcome to the forum.

    I would also check your credit record, and if there is a 'black mark' - ensure it is cleared.

    With the dreaded Debt Collection Agencies you are Guilty until proven Innocent.

    I would also submit a formal complaint to EDF.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards