Trying to remove unfair default

Options
2

Comments

  • EmeraldIvy
    EmeraldIvy Posts: 12 Forumite
    First Anniversary
    Options
    nic_c wrote: »
    Are the DCA acting on behalf of NPower or are they a debt purchaser? If they are acting on behalf of, not sure the DCA could remove the default.

    Has this debt been admitted? Whilst all adults are responsible, usually one person is named as responding to the Occupier Letter and that's who they chase. So is it a case they have done a quick search and the easy option was to send you letters? If their name was on the account, then why was the default not in their name - was the address they wrote to that you were not at, theirs?

    I believe the DCA has purchased the debt from NPower, so whilst I am challenging NPower on the Default, I am trying to resolve the debt with the DCA (when they send me the bill!)

    What do you mean has the debt been admitted?
    I assume they have done a quick search and I was the easy one to chase. I agree I am jointly liable for the bills, I was just unaware they had not been settled already!
    I do not know the address they wrote to, it is not an address I have registered to the other tenant (I have their family address), however that is not to say there is no connection to that address and the other person, just that I am not aware on any connection (and unsurprisingly I am no longer in touch with the other tenant).
  • EmeraldIvy
    EmeraldIvy Posts: 12 Forumite
    First Anniversary
    Options
    !!! wrote: »
    That makes no sense.

    They can’t just put the debt on you because you lived there and can’t trace the other person.

    I am grateful you share my frustration!

    I understand them putting the debt on me, I just don't understand putting a default on my file without the opportunity to settle the debt prior!
  • EmeraldIvy
    EmeraldIvy Posts: 12 Forumite
    First Anniversary
    Options
    sourcrates wrote: »
    What is the name of the DCA chasing you please ?

    Pastdue

    Complete nightmare!
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Options
    EnergyTwist wrote: »
    I suggest that !!! 's posts are not expressing frustration, but rather incredulity ;)

    Not at all.

    I would have made such comments otherwise.
  • EmeraldIvy
    EmeraldIvy Posts: 12 Forumite
    First Anniversary
    Options
    To reiterate, I am not disputing the outstanding balance, I understand I am jointly liable for the amount,

    I am disputing the fairness of putting a default on my file with no prior communication or opportunity to pay the outstanding balance before it was classified as a debt on my credit file.

    Has anyone been in a similar situation and managed to successfully challenge an unfair default?
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Options
    You’ll need to wait until the DCA and/or NPower have completed their investigations.
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    Options
    Right, the good news is that pastdue credit solutions do not buy debts, they just act on behalf of their client, so will have been appointed by N-power to collect the outstanding bill, you can safely ignore any comms from them for the time being.

    Your issue is with N-power, who will have applied the default originally, you should put your case to them in writing ideally, phone calls can be rushed affairs allowing no time whatsoever to actually investigate the complaint properly, it also gives you a papertrail if the complaint needs to be escalested.

    They have 8 weeks to investigate your complaint, if after this time you remain unsatisfied, then you take the matter to the ICO (Information commisionaires office) who deal with all data breech complaints, and they will investigate for you.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • EmeraldIvy
    EmeraldIvy Posts: 12 Forumite
    First Anniversary
    Options
    sourcrates wrote: »
    Right, the good news is that pastdue credit solutions do not buy debts, they just act on behalf of their client, so will have been appointed by N-power to collect the outstanding bill, you can safely ignore any comms from them for the time being.

    Your issue is with N-power, who will have applied the default originally, you should put your case to them in writing ideally, phone calls can be rushed affairs allowing no time whatsoever to actually investigate the complaint properly, it also gives you a papertrail if the complaint needs to be escalested.

    They have 8 weeks to investigate your complaint, if after this time you remain unsatisfied, then you take the matter to the ICO (Information commisionaires office) who deal with all data breech complaints, and they will investigate for you.

    Good afternoon Sourcrates

    Thank you for your response and helpful information. I will put my complaint in writing to NPower. I do feel that the second phone call hours after the initial conversation meant that they could not sufficiently investigate my complaint.

    When I initially spoke to NPower in August I was advised that the debt had been bought by Pastdue and I would have to settle the matter with Pastdue. Surely it would have been in their best interest to settle the debt with me when that was the reason for my call?

    I feel more confused now!
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    edited 13 October 2019 at 4:53PM
    Options
    EmeraldIvy wrote: »

    When I initially spoke to NPower in August I was advised that the debt had been bought by Pastdue and I would have to settle the matter with Pastdue. !
    Arr, then its possible the debt has been bought, usually they just act for the company concerned, but its a fast paced world and there policies may have changed, i had a quick look on their website and couldn`t see anything about debt purchase, but its entirley possible that they have bought it.

    It does not change the advice though, N-power remain responcible for the original default, so if past due continue to attempt collection, write to them and tell them a dispute exists with the original creditor over this account and to hold action until it is resolved.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Jumblebumble
    Jumblebumble Posts: 1,809 Forumite
    First Anniversary First Post Name Dropper
    Options
    nic_c wrote: »
    Two points. First do you have a mortgage broker, if so have you explained the situation to them, they may say that the default may not have the effect you are thinking so long as it is settled. Have you applied for a mortgage, or if when say "ready" do mean right at the start of the homebuying process and haven't even found a house you like yet?

    Second Ofgem rules deem all adults at the property can be held liable - irrespective of what your tenancy stated. You may say allegedly but they don't have to prove you received it, only it was posted. You can take the matter further, get a deadlock letter and raise it further, but you may also want to consider point 1. After all if you are going to pay, it is your only default, and maybe not actually applying for a mortgage for a while, then it could be a lot of effort for in the grand scheme of things a small effect. That's not to say not dispute it, if you believe it incorrect, but you may want to weigh up the options of all the stress and worry of disputing it, or at least know the full effect of all the options to make a rational decision.

    For my own interest could you tell me where I could find the Ofgem rule that states that all adults are liable
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