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    • In order for us to help you we require the following information:- [if there are more than one defendant listed - tell us] 1 defendant   Which Court have you received the claim from ? County Court Business Centre, Northampton   Name of the Claimant ? LC Asset 2 S.A R.L   Date of issue – . 28/04/23   Particulars of Claim   What is the claim for –    (1) The Claimant ('C') claims the whole of the outstanding balance due and payable under an agreement referenced xxxxxxxxxxxxxxxx and opened effective from xx/xx/2017. The agreement is regulated by the Consumer Credit Act 1974 ('CCA'), was signed by the Defendant ('D') and from which credit was extended to D.   (2) D failed to comply with a Default Notice served pursuant to s87 (1) CCA and by xx/xx/2022 a default was recorded.   (3) As at xx/xx/2022 the Defendant owed MBNA LTD the sum of 12,xxx.xx. By an agreement in writing the benefit of the debt has been legally assigned to C effective xx/xx/2022 and made regular upon C serving a Notice of Assignment upon D shortly thereafter.   (4) And C claims- 1. 12,xxx.xx 2. Interest pursuant to Section 69 County Courts Act 1984 at a rate of 8% per annum from xx/01/2023 to xx/04/2023 of 2xx.xx and thereafter at a daily rate of 2.52 to date of judgement or sooner payment. Date xx/xx/2023   What is the total value of the claim? 12k   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? Yes   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes, but amount differs slightly   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. DP issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not that I recall...   Did you receive a Default Notice from the original creditor? Not that I recall...   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Yes   Why did you cease payments? Loss of employment main cause   What was the date of your last payment? Early 2021   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? No   -----------------------------------
    • Hello CAG Team, I'm adding the contents of the claim to this thread, but wanted to open the thread with an urgent question: Do I have to supply a WS for a claim with a court date that states " at the hearing the court will consider allocation and, time permitting, give an early neutral evaluation of the case" ? letter is an N24 General Form of Judgement or Order, if so, then I've messed up again. Court date 25 May 2024 The letter from court does not state (like the other claims I have) that I must provide WS within 28 days.. BUT I have recently received a WS from Link for it! making me think I do need to!??
    • Massive issues from Scottish Power I wonder if someone could advise next steps. Tennant moved out I changed the electric into my name I was out the country at the time so I hadn't been to the flat. During sign up process they tried to hijack my gas supply as well which I made it clear I didn't want duel fuel from them but they still went ahead with it. Phoned them up again. a few days later telling them to make sure they stopped it but they said too late ? had to get my current supplier to cancel it. Paid £50 online to ensure there was money covering standing charges etc eventually got to the flat no power. Phoned Scottish Power 40 minutes to get through they state I have a pay as you go meter and that they had set me up on a credit account so they need to send an engineer out which they will pass my details onto. Phone called from engineer asking questions , found out the float is vacant so not an emergency so I have to speak to Scottish Power again. Spoke with the original person from Scottish Power who admitted a mistake (I had told her it was vacant) and now states that it will take 4 weeks to get an appointment but if I want to raise a complaint they will contact me in 48 hours and it will be looked at quicker. Raised a complaint , complaints emailed me within 24 hours to say it will take 7 days till he speaks with me. All I want is power in the property would I be better switching over to EON who supply the gas surely they could sort it out quicker? One thing is for sure I will never bother with Scottish Power ever again.    
    • Hi. Please don't follow McD's advice to contact Met to appeal. They won't listen and you could end up giving them helpful information. HB
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Sterling Collections


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They are SP. Sterling Collections are a dormant company so they have no employees. I wonder who would answer the phone if I was to call.....

 

Can someone remind me of the law that says a debt collector has to have a data controller, it can't hide under someone else's licence.

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  • 3 months later...

I closed a business account down with Scottish Power last July. They sent a final bill, we paid and that was that - or so I thought. In December we received another final bill for £1500 based on a meter reading from a new occupant! Despite opening a complaints procedure with SP, we get a letter from Sterling Collections about every two or three weeks threatening court action if we don't pay. We have written and phoned them to explain we are in discussions with SP over the bill but they choose to ignore us (even hung the phone up on my business partner one time). I had my suspicions they were an inhouse department of SP and now my suspicions have been verified. Obviously, SP think its more intimidating for people to get a letter from a collections agency rather than one from themselves. Sneaky baskets.

 

The complaint hasn't been open long enough to go to the energy ombudsman yet but I am logging all calls and correspondence for when I do. I suggest anyone else does the same then after 8 weeks or if you get a 'deadlock' letter from SP, go to the energy ombudsman for them to look into for you.

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I just received a letter from this lot for an overdue account with the wonderful Scottish Power, despite the fact I told SP when the bill would be paid. (It was a bill for just under £600-00 to heat a 3 bedroom semi for a quarter).

 

Should I be worried about Sterling?

 

When I called Sterling to tell them when the bill would be paid, she automatically started talking about paying SP by monthly direct debit!!!!

 

I immediately got suspicious that this mob were actually a front for SP's collections department, perhaps I'm right?

Archway

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I have now been advised by SP that the reason I am still getting threatening letters from Sterling Collections is that my complaint was closed on, get this, 113th Feb. SP seem to have trouble getting their dates right and I am highly suspicious it is a method they use to cover their own backs. I have emailed them to ask why I wasn't advised of this before even though I have contacted them twice since Feb. I don't expect a satisfactory answer so have also advsd I want my complaint escalating to Executive Complaints Board level. Thats the final stage before going to the energy ombudsman.

 

Anyone having similar trouble should check out SPs charter and complaints procedure - they don't seem to operate within these but, as far as I am concerned, that is just more fuel to the fire when I eventually go to the ombudsman. Also check out the Office of Fair Trading guidelines on debt collection and quote any relevant parts in your communications to SP so they know you mean business.

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Hi Guys,

 

I mailed Scotiish Power asking for an explanation as to who exactly were Sterling Collections.

 

Here is their response:

 

SPM Collections are Scottish Powers internal debt collection team. We will send

out reminder letters until the account has been paid in full. Reminder is

issued after 10 days then if not paid call will be attempted after about 30

days. If the bill remains outstanding after this we will usually pass the

account to an outside legal agent to collect. When we issue the bill it is due

to be paid immediately as bills are issed in arrears so you have already used

the gas and electricity the bill relates to

 

Now I am by no means any form of legal expert, but in my mind, this company uses an internal department, in the guise of an external collections company, to frighten people into paying up.

 

Is this legal? I'm in the process of changing supplier because I think I am being overcharged by SP every single bill I get.

 

We only have an ordinary semi detached three bedroomed house but in the last year we have used 31570KwHrs of gas. Scottish Power thinks this is normal. I don't, and talking to my neighbours in very similar properties, neither do they. We are out at work most of the day, the boiler is on a timer, the heating turned down low as we have the luxury of a coal fire.

 

Can anyone tell me if this is a lot as I can't seem to find out.

 

Regards all,

 

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Archway

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  • 1 month later...

My son has been renting his house out but it has been empty since September last year, then today I receive a letter from Sterling Collections demanding £2++ as unpaid power usage, "despite several requests for payments". Thing is that neither myself nor the lettings agency have ever received a letter from Scottish power or Sterling Collections asking for this mythical amount.

 

What do these people think they are doing, I just love receiving threatening letters on a Friday night !!!!

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  • 5 weeks later...

So pleased to find this thread.

 

Hubbie has just closed his late father's business, owes £329 to Scottish Power.

 

He cannot clear the debt and as they represent only about 1% of total debt, we have to treat them pro-rata with any available funds (my husbands wages!)

 

He's moved out of the premises they are no longer a priority debt as if they cut him off it's not going to be a problem. We've been told this by Debtline.

 

We sent them a letter explaining problem, advising them of arranged meetings with CAB & CCCS (charitable debt mgmt plan company) this month and sent a token payment of £10.

 

This they have cashed and on the second charming letter from Sterling Collections they record this payment as the debt has dropped to £319.

 

But they are threatening "Notice of court proceedings & impending default" and very cheekily refer continuing non-payment (they've clearly shown on their own paperwork that a payment has been processed!)

 

How serious are these Sterling Collections, are these threats just bully boy tactics it hope of scaring the living daylights out of you (it's working pretty well have to say!!) or do they follow through fairly promptly after this ?

 

Not going to pay up, we can, any available funds has to be distributed pro-rata and with their 1% they aint going to be getting big amounts.

 

We are hoping to setup DMP but I think these guys are going to be the monsters in the pack.

 

Any info of this lot very much appreciated.

 

Many thanks

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Definately no funds in the estate, but my husband worked with his dad, did seprate tax returns but think they's just say it his responsibilty. No partnership existed on paper, but going to be very difficult to prove, in a way that may get this lot of our backs.

 

They seem to be all guns blazing type sort of company. Just trying to find out from anyone with dealings with them if it is a lot of hot air or they say we'll start court proceedings they mean it ?

 

Many thanks for your reply

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As I said, your husband is not liable for this debt;

 

2u7t9g1.gif

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

[email protected]

 

The Office of Fair Trading: Debt collection practices

 

tel: 020 7211 5823

Debt collection guidance - Final guidance on unfair business practices - oft664

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Many thanks for your reply.

 

How can we prove that my husband isnt liable ? He took over the day to day running of the business although his dad was still owner, so all the creditors are coming after him.

 

If going to see a solicitor or accountant would sort it out definately we'd consider it although goodness knows where we'd find the money, but I've asked on every forum, Business Debtline, etc.. and they all say he shouldnt be liable but not definate.

 

If we knew for definate it would be worth standing our ground, but if not we run the risk of court proceedings and even bigger debts.

 

Got an appointment with CAB on wed but been told they probably wont help with this and just dont know where to go from there.

 

Complaining to OFT may help to get Scottish power to back off but just so worried how to really deal with these people.

 

Other major concern is the address they keep using is his father's address, and so worried that they'll start turning up there or somehow get hold of the tel number (it's ex-directory) we're trying to keep this from his widow as she's very ill herself. Could give them our address but then that's giving them another person to get their teeth into.

 

All such a nightmare, dont know what to do for the best .....

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You don't have to prove anything, he could well have managed the business but that does not make him responsible for it's debts. Who's name was the business in; the utility bills in, who was the 'boss'? His father obviously.

 

If your husband had worked for someone who wasn't a relative & they died do you think he would be responsible for any debts owed by his employer? Of course not & it's just the same in this case with his late father. Debts are paid from the Estate & as I said if there are insufficient funds it ends right there. If these creditors were to try and take your husband to court for these debts they would be laughed straight out of it again & they would be liable for both costs and damages to your husband.

 

As I said above, tell the creditors to bog right off and make a complaint to your local Trading Standards and the OFT.

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