Debt from Scottish Power in 2001

emmaf01 · 26th June 2008, 14:56

I don't know if this is in the right section.

Today I received a letter from a debt collection firm regarding a supposed debt (in a mixed up version of my maiden name) to Scottish Power.

This would have to be from a previous address (they don't say), which means it is from 2001 or before.

What should I do- as usual they are threatening court action.

ozzywizard · 26th June 2008, 17:59

This could possibly be statue barred. Have you had any contact with either the DCA or energy supplier in the last 6 years ?Have you made a payment in the last 6 years ? Does the debt have a CCJ against it ?If the answer is no to all the above do nothing untill you have received further advise re statue barred from this site. Do not reply to any letters at this stage as there is a set letter to send, do NOT discuss over phone. If it is statue barred then it is not enforceable by law, somone here who knows more on the debt collection side of things will advise further.

emmaf01 · 26th June 2008, 18:13

I moved house last in 2001, to a house never supplied by Scottish Power. I am pretty sure I have had no contact at all about this supposed debt.

I really think the debt collection agency, Buchanan Clark and Wells, are chancing their arm on this!

Needless to say I haven't responded to this in any way until I receive some advice.

saintly_1 · 26th June 2008, 18:38

I would be tempted to send them the 'Prove it' letter and see what they come back with

Quote:

Dear Sir/Madam

Account no:

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

(Your Name) Print do not sign

emmaf01 · 26th June 2008, 19:04

If the name is not mine- it is almost the same as my maiden name- and there is NO chance the debt was incurred by me within the last seven years, I'm not sure that is exactly the letter I want to send.

And do I send it in my maiden name or give them my married name to mess with?

ozzywizard · 27th June 2008, 00:33

This is what we call a fishing letter, there is nothing they can do as the debt has not been acknowledged in the last 6 years. The fact the name spelling is incorrect ensures us there is no ccj. They do not have the law on their side. My advise is to ignore it.

emmaf01 · 27th June 2008, 00:46

That is what I was leaning towards- I just don't want to give them anything to respond to! Therefore no response at all seems the best policy.

Thank you for your help.

Emma

Tezcatlipoca · 27th June 2008, 08:56

You're best off just ignoring the thing; they're just hunting for a response.

In the unlikely even things do escalate, then you just need to send Saintly_1's letter, but may also like to make direct reference to the relevant laws in question, as follows:

Quote:

I/we point out that the Limitation Act 1980 (s5) states quite clearly that “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”
I/we also point out that the OFT say that under their Debt Collection Guidance on statute barred debt, that, and I/we quote “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred amounts to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. In addition, any attempts to call me/us regarding a debt that is not owed will be considered an offence under section 127 of the Communications Act 2003, and that your details will be passed to the relevant authorities.

emmaf01 · 12th July 2008, 23:26

BCW have sent me another letter- this one a formal demand. OOOOhhhh I'm really scared.
So, should I send them a bog off letter as above? And if so, who do I say it is from, my married name, maiden name or the messed up version of my maiden name which it is addressed to?

Also as it is apparently an old energy bill I can't CCA them- so how can I find out more about the debt? S.A.R - (Subject Access Request)?

Conniff · 13th July 2008, 11:42

No, don't S.A.R - (Subject Access Request) - that will cost you £10 and you shouldn't pay to have something proved, that is up to them. If they have proof, they must send it.
If the dates are correct and there is no ccj then it is indead statute barred.

emmaf01 · 13th July 2008, 16:42

So do I just send the letter as above?

And if so, under what name?

The laughable thing is another subsidiary of BCW is after me, under my married name. So, if they have a computer system, shouldn't there by a flag up that this is odd? I still have to start on them about this other debt (CCA etc).

Conniff · 13th July 2008, 23:20

It obvious that your name is just a misspelling?

If so answer under the name they used, or say nothing at all.

emmaf01 · 14th August 2008, 21:19

So, after another letter from BCW, I've sent the letter supplied above by Saintly 1 (thank you S1).

I've sent it from the strange almost maiden name, with it printed , no signature.

I'm looking forward to (not) hearing from them again.

emmaf01 · 23rd August 2008, 13:58

Finally got a response from BCW yesterday, saying their clients will be sending me a copy of their invoice directly.

I can't wait to see this.

ozzywizard · 20th September 2008, 04:15

let us know when it comes through. . .

emmaf01 · 20th September 2008, 14:35

Not a peep as yet (that'll be the door). I'm so busy with everything else I'd almost forgotten!

Nora Batty · 22nd September 2008, 18:24

I too am being harrassed by Buchanan Clark and Wells....for the second time about a supposed debt to Scottish Power. I have spoken to Scottish Power who confirm that I have never even been registered with them as a customer.
What should I do now? I havent been sent a letter yet but I gave them my address over the phone so they have it now. They will not discuss it with me but say they have written to me three times at the address I gave them. They are obviously lying.

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