SevenTrent Bill nothing to do with me (Debt collectors on me, need help)

anniecave · 13 November 2012 at 12:10AM

I wouldn't worry, that letter will just be the next letter in the "chain". If you only sent the previous letter earlier this month, then they probably haven't even got around to opening your letter or doing anything with it. Sometimes letters are prepared and batched a few days before they are due to go out.

You've already complied with their request, you've told them that there is a genuine reason for you not to pay - you've never lived at the address in question.

So I would just ignore this most recent letter.

xylophone · 13 November 2012 at 12:15AM

It would harm your defense to our Claim if you choose not to bring any genuine reason for non payment to our attention before Court proceedings are undertaken against you.

But you have already done this? Have they acknowledged your letters?

Report them to Trading Standards and the OFT?

Let them go to court - you do not owe the money so have nothing to fear?

D-Omen · 13 November 2012 at 12:46AM

Thanks for the replies.

I don't owe them nothing, but am more worried about identify theft, though I have provided them evidence I've never been in residence at the address the bill is related to and stated three times now I have never been a customer to Severn Trent. But judging from how some debt collectors are maybe they are just being even more aggressive now?

If it went to court at least I can be fully sure I would win the case, but I really don't want that to happen, I suffer from an illness which makes it very hard to appear in court. In-fact this whole thing is making my illness worse, its not nice.

However, it could be possible they just not got round to opening my last letter? But maybe they have? Its hard to know if they just ignored the letter or not opened it yet as they say its their final letter, and also it did not take them to long to send other letter back.

I really don't want them to proceed with court proceedings as maybe they are just acting on the request of Severn Trent Water? If so would it not be wise to contact Severn Trent water because maybe this is a case of identity theft? and advantis are ignoring my evidence?

How would I proceed with reporting them?

xylophone · 13 November 2012 at 1:13AM

http://www.howtocomplain.com/info/tradingstandards.shtml

D-Omen · 13 November 2012 at 1:40AM

Thanks for the link, but seems quite a mission to report them and can take time for anything to happen, need professional help with doing these reports.

paddedjohn · 13 November 2012 at 6:25AM

Let them waste their money and have your day in court. If you truly dont owe them any money then you have absolutely nothing to worry about.

VitaK · 13 November 2012 at 2:42PM

Ignoring a 'letter before action' is not a good idea, CAB can advice you on how to proced. Please talk to them. They can also help you complete court papers should it come to that. We hope it dosent. They may also be able to help you obtain proof of residency, or point you in the right direction.

That said, did you ever send the 'prove it' letter and if so what did they come back with. If you never did it, then do it now.

If you did send it and they have not provided proof then you could consider respond with something like this.

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Ref: [xxxxxxx]

Complaint

Thank you for your letter dated [date], the contents of which are noted.

On [date]I wrote to Aventis Credit Ltd regarding this debt that was alleged to be owed by myself. That letter was received and signed for on [date] as confirmed by Royal Mail tracking.

In this letter I pointed out that I have no knowledge of any such debt being owed to Severn Trent Water and that I have never lived at, nor had any connection with the property in question.

I asked that no further contact to be made concerning the above account unless/until you could provide evidence as to my liability for the debt in question.

Despite this, you have continued to write and make demands for payment.

I therefore wish to complain that you have breached the following sections of the OFT's Debt Collection Guidance (2003, updated 2011)

3.7(o) "ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make demands for payment without providing clear justification and/or evidence as to why the claims are not valid"

3.9(a) "Sending demands for payment, by any means, to an individual, when it is uncertain whether he is the actual debtor"

3.9(k) " failing to cease debt recovery activity whilst investigating a reasonably queried or disputed debt when the debtor has, or appears as if he may have, valid grounds for the query or disput

This has caused me considerable distress and I consider it appropriate that you compensate me for this.

As you are no doubt aware, breaches of the OFT's Guidance on Debt Collection are treated seriously by the OFT when considering your fitness to hold a Consumer Credit License.

Therefore I wish to formally notify you that unless I receive witten confirmation that this matter is now closed, then I will not hesitate to make a formal complaint to the 'Office of Fair Trading' and also to 'Trading Standards'.

Also please note that any legal action you may consider will be FULLY and VIGOROUSLY defended, and you will be put to a strict proof of the alleged debt.

I have been told the following rules apply:

On receipt of this complaint, you must promptly acknowledge it, in writing, and provide me with a written copy of your Complaints Procedure.

You must keep me updated with the progress of your investigation of my complaint.

Once the complaint has been investigated you must issue me with your "final response", explaining your findings and including any proposal you may wish to make in order to put things right. Your final response must tell me if I may take my complaint to the Financial Ombudsman Service.

If you are unable to provide me with a response within eight weeks, you must write to me to explain why, confirm that I can then ask the Financial Ombudsman Service to consider my complaint and provide me with a copy of its leaflet.

This COMPLAINT is not going to go away and ignoring this problem could potentially make your situation worse.

I would appreciate your due diligence in this matter.

Yours faithfully

It cant be repeated enough. Please seek proper advice from CAB or similar organisations. I am not an expert and I have no legal training.

D-Omen · 13 November 2012 at 3:02PM

Thanks for the advise VitaK. I agree it seems not wise to ignore the final action letter, so I've been trying to phone CAB today but not got through (Now they are closed) I will try again tomorrow, if can't get through then may have to pay them a visit to get advise.

I did not send them the prove it letter by the way, just the last one on page one.

D-Omen · 13 November 2012 at 3:59PM

Okay it's sorted. :j:beer:

I phoned a free debt legal adviser and she sorted over the phone with advantis.

She phoned them, and it turns out they have the wrong date of birth for me, and on top of spelling my first name wrong they accepted that they have been chasing the wrong person and have now noted that down etc. (They checked my credit report while we was on the phone) They refused to make a written confirmation to me about it but did clearly confirm this on the phone to us.

But she did say keep hold on to everything and if they do file claim for court then I'll get advise from that also, but hopefully that's the end of it.

She also said it's a waste of time reporting them to anyone as that won't do anything and leave it at that.

SevenTrent Bill nothing to do with me (Debt collectors on me, need help)

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