Extra energy account closed - administrators chasing money 2 years later

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  • nigelbb
    nigelbb Posts: 3,790 Forumite
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    Benight wrote: »
    Anyone can make a court claim against anyone else, which, where not admitted by the defendant, may result in the court calling the parties to court for a hearing.
    Whether they win or lose will be up to the court.

    Where a debt has been sold to a third party, it is that third party that is now owed the money.

    The 3rd party may need the evidence of the original creditor, or such party now legally acting on their behalf such as the administrator, to prove that debt.

    A debt collector can have no cause of action to raise a claim. They are not the alleged debtor they are a debt collector who makes money by taking a percentage of the debt if they persuade the alleged debtor to cough up by sending scary letters.
  • Benight
    Benight Posts: 418 Forumite
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    nigelbb wrote: »
    A debt collector can have no cause of action to raise a claim. They are not the alleged debtor they are a debt collector who makes money by taking a percentage of the debt if they persuade the alleged debtor to cough up by sending scary letters.

    I think we'll have to agree to disagree.

    If a debt has been bought, the debtor now owes the owner of that debt, not the people that they accrued the debt originally with.

    Otherwise, why would anyone buy a debt???
  • Raxiel
    Raxiel Posts: 1,401 Forumite
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    Benight wrote: »
    I think we'll have to agree to disagree.

    If a debt has been bought, the debtor now owes the owner of that debt, not the people that they accrued the debt originally with.

    Otherwise, why would anyone buy a debt???


    If the debt has been legally sold, you are correct, they can bring proceedings to recover it.



    That's not what's happening here though (as far as I've seen), the DCA are simply acting as the creditors agent, and as such have no standing.
    3.6 kW PV in the Midlands - 9x Sharp 400W black panels - 6x facing SE and 3x facing SW, Solaredge Optimisers and Inverter. 400W Derril Water (one day). Octopus Flux
  • brewerdave
    brewerdave Posts: 8,509 Forumite
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    Benight wrote: »

    If a debt has been bought, the debtor now owes the owner of that debt, not the people that they accrued the debt originally with.

    Otherwise, why would anyone buy a debt???


    Exactly right; in most of the threads re defunct Utility Cos. ,the "debt collectors" are acting on behalf of the administrators for a fee - they never actually "own" the debt. In those cases nigelbb is correct. They can do little other than threaten.



    HOWEVER, far more dangerous (for credit ratings at least!) is the situation which occurs when a debt collector buys up a parcel of unsecured debt from a third party Co. for peanuts - then they tend to pursue with extreme vigour and it gets extremely unpleasant EVEN IF the debt is unjustified - God help the ex customers of these defunct Cos. if the administrators start selling on these debts:eek:
  • Benight
    Benight Posts: 418 Forumite
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    Raxiel wrote: »
    ....
    That's not what's happening here though (as far as I've seen), the DCA are simply acting as the creditors agent, and as such have no standing.

    Take a closer look ;)
    rl290 wrote: »
    ...
    So, I leave it in their court. Quite literally. If they want to receive payment, they will either need to take me to court, or sell my debt to a debt collector who would also need to take me to court....
  • Raxiel
    Raxiel Posts: 1,401 Forumite
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    Benight wrote: »
    Take a closer look ;)


    rl290 said that's what they (the alleged creditor) would have to do, and they are right. But, as I said, (intending to clarify) I've not seen any statements that any of the Administrators (be it PWC for ExE or any of the other failed companies) have actually sold any of their alleged debts.



    Of course, that doesn't prevent the DCA, while acting as an agent, implying they will take the alleged debtor to court if they don't pay up, along with other vague threats along the lines of 'lovely credit record you have there, be a shame if someone wrecked it'.
    3.6 kW PV in the Midlands - 9x Sharp 400W black panels - 6x facing SE and 3x facing SW, Solaredge Optimisers and Inverter. 400W Derril Water (one day). Octopus Flux
  • Benight
    Benight Posts: 418 Forumite
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    Raxiel wrote: »
    rl290 said that's what they (the alleged creditor) would have to do, and they are right. But, as I said, (intending to clarify) I've not seen any statements that any of the Administrators (be it PWC for ExE or any of the other failed companies) have actually sold any of their alleged debts.



    Of course, that doesn't prevent the DCA, while acting as an agent, implying they will take the alleged debtor to court if they don't pay up, along with other vague threats along the lines of 'lovely credit record you have there, be a shame if someone wrecked it'.

    Refer to post# 58 - that may explain things clearer to you over what is being discussed here.

    You seem to have gone off on a tangent
  • Raxiel
    Raxiel Posts: 1,401 Forumite
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    Benight wrote: »
    Refer to post# 58 - that may explain things clearer to you over what is being discussed here.

    You seem to have gone off on a tangent


    It wasn't me that went of on a tangent. The thread is about demands for payment by the ExE administrators to former customers. From #58 the discussion turned to whether or not debt collectors can begin court proceedings as a result of the alleged debts. Under certain circumstances they can, but that's not relevant to the original post or others who've joined this thread in the original posters posters position.
    3.6 kW PV in the Midlands - 9x Sharp 400W black panels - 6x facing SE and 3x facing SW, Solaredge Optimisers and Inverter. 400W Derril Water (one day). Octopus Flux
  • chwaer
    chwaer Posts: 9 Forumite
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    Hi All,
    We received 2 letters from Extra Energy saying we owed money to them, we were also dubious about the letters being a scam but we called them and it was indeed genuine from their view. But....

    1. The letters were addressed to my wife and her name was never on the account

    2. We settled the account before we moved and although we have not received any written details about the supposed debt we have been told on the phone that the debt is between July and October 2017(we moved out on the 28th June)

    3. We have sent them letters from the council showing we were no longer liable for the property as of 28th June although these were copies from the councils web tools so not on headed paper and they have advised these are unacceptable as they are not official, I have gone back asking what they would consider to be official.

    It sees the debt has been passed to a company called UK Search Limited who have contacted us by Text. We have spoken to them with roughly the same outcome. I have refused to give them my new address, told them that we do not agree the debt and also pointed out that there was never an account in my wife's name.

    I know 100% that we do not owe anything but unfortunately I have no paperwork from the account as I lost a hard disk on a PC which had all the documents stored. Admittedly I have never religiously downloaded statements etc. and I would have nothing for that time period anyway as we were no longer customers but worse, I have nothing to prove I closed the account. Obviously with Extra Energy being in Administration there is no longer access to their website to call these things back!

    Any tips on how I can deal with this?

    Thanks
    if i had known then what i know now
  • rl290
    rl290 Posts: 316 Forumite
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    edited 5 June 2019 at 12:47PM
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    To follow up on my earlier post. (And sorry if my language led to the thread going astray for a while...)

    As mentioned, I kept writing to Extra Energy explaining that simply sending me an email saying "we definitely sent you an invoice on XXX date" was hardly convincing. They couldn't produce the meter readings, details of payments on accounts or the original invoices and who they were addressed to. My last message to them expressed my dismay, and asked them who I should go to for advice. Their very poorly written response is below (typos and all.. they even got my name wrong).

    Like chwaer, they have now passed by debt to a collection agency. I intend to reply with exactly the same message ("This amount is in dispute, and I am yet to received the response to basic questions about the basis for this bill"). Before I do so, any advice on this or if there is a better way to proceed?


    Thank you fr your email.

    As we are no longer an energy company no one regulates us.

    We can not get a print out of the bills to yourself as we do not have access to the bills, we can see the bills and the dates they where created on our systems, we have done bills on this account.

    As mentioned in our email, the fuel supply for the property where for the dates 01/08/2017 to 06/02/2018.

    If you was living at this property between the above dates and using extra energy fuel then you are liable for the balance.

    We sent the bills int he post under the name of the occupier, as no one had called us to say they have moved in, if you have not opened the bills or miss placed them this is not the responsibility of extra energy as a home owner or tenant it is your responsibility to find out who your supplier is.

    Again we need to stress out that if no payment is made your detail s are going to be passed to a debt company for them to chase the debt.

    Kind Regards

    Customer care
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