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  • FIRST POST
    D-Omen
    SevenTrent Bill nothing to do with me (Debt collectors on me, need help)
    • #1
    • 12th Oct 12, 12:34 PM
    SevenTrent Bill nothing to do with me (Debt collectors on me, need help) 12th Oct 12 at 12:34 PM
    Hi,

    It seems I posted the topic in the wrong place so posting it here for urgent help. Sorry about that.

    I've only ever lived with my parents at two different address's since the age of 10. I've never been in debt or paid any official bills (Always paid parents etc)

    Last year, I got a letter from a debt collecting company saying that I owe 1,299 from Seven Trent Water dating from 2001 to 2007 (Around that, just rough figure and dates) from an address I've never lived at (And don't even know where it is unless looking on google maps) I phoned the company up and explained I've never lived there, only lived at two address's since I was 10 at parents only. They fully understood, cooperated and dropped my case straight away.

    So not heard anything from it till the last couple of weeks where another debt collecting company have been sending me letters saying I owe them that money from again the address I know nothing about. I was planning to phone them but got a letter today saying I've got till the 23th of this month before they will take me to court or send debt collectors round to get the money's worth., obviously this got me mad so I phoned them as planned anyway.

    On the phone, they was not nice at all, at first they said they would only drop it if I shown them a tenancy agreement confirming where I lived, despite me saying I've only lived with parents and not signed any tenancy agreement. I went a bit mad and we had a argument of me really telling them why the *$"($ have I got this debt from somewhere I've never lived and know nothing about (And that I've never been in debt etc etc) in the end the Women said okay hold a minute. She come back and told me what you can do is get your parents to sign a form confirming you lived there from 2001-2007, she would not explain what form and we ended up ending the phone call.

    For me I want this dropped, but I need help as to what form do my parents need to sign and how can I show them I did not live in the address from 2001-2007? I spoke to my parents and they just keep going mad how I should not be paying a debt which is nothing to do with me and let them take me to court, but I don't want that crap with potential debt collectors coming round, I want to show them the proof and end this, or show them anything at all.

    What can I do?

    Thanks in advance for your help.
Page 2
  • D-Omen
    Okay they have responded and its not good, its dated 8th November, got it today.

    Can you guys have a look at this and please tell me what I should do next. I need full guidance in what to do, for example if I have to report them to anyone I need to know how to do it, what to say and send etc.

    But I really think something else needs to be done here, what if Severn Trent genuine believe I owe them the debt? If so then making these letters is pointless if advantis are ignoring them and proceeding anyway? (Based on the instructions of Severn Trent)

    Thanks in advance.

    LETTER BEFORE ACTION

    We are contacting you concerning your unpaid debt to our client Severn Trent Water. Despite previous attempts this matter is unresolved and we have been instructed to commence recovery proceedings.

    Our client would prefer not to take litigation action against you because the cost would be added to your debt and a County Court Judgment (CCJ) would affect your ability to obtain credit in the future.

    To avoid recovery proceedings please make payment in full via one of the method detailed on the reverse of this letter, or contact us IMMEDIATELY on ****** to discuss repayment of your debt.

    Then say about monthly payments maybe etc.

    If you believe you have a genuine reason for not paying this debt please contact us so that we may assist you in bringing this matter to a close before further costs are added to the amount you owe. 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.

    This is the final letter before recovery proceedings will commence.




    Last edited by D-Omen; 12-11-2012 at 10:22 PM.
    • anniecave
    • By anniecave 12th Nov 12, 11:10 PM
    • 2,301 Posts
    • 745 Thanks
    anniecave
    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.
    Indecision is the key to flexibility.
    • xylophone
    • By xylophone 12th Nov 12, 11:15 PM
    • 31,675 Posts
    • 19,648 Thanks
    xylophone
    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
    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?
    Last edited by D-Omen; 12-11-2012 at 11:52 PM.
    • xylophone
    • By xylophone 13th Nov 12, 12:13 AM
    • 31,675 Posts
    • 19,648 Thanks
    xylophone
    http://www.howtocomplain.com/info/tradingstandards.shtml
  • D-Omen
    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
    • By paddedjohn 13th Nov 12, 5:25 AM
    • 7,259 Posts
    • 7,904 Thanks
    paddedjohn
    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.
    Be Alert..........Britain needs lerts.
    • VitaK
    • By VitaK 13th Nov 12, 1:42 PM
    • 623 Posts
    • 850 Thanks
    VitaK
    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
    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
    Okay it's sorted.

    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.
    Last edited by D-Omen; 13-11-2012 at 3:01 PM.
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