Powergen / Utility Debt Services

[reduk054]

Hi All,

Have a large gas and electric bill (about £2k) through Powergen which grew as a result of me changing bank accounts and not setting up a new standing order. So I do not contest the amount owed. 3 bed detatched over 2 years.

I am now with another supplier (and I am still living at the same address). Originally Powergen said that I would not be able to change supplier as i owed them money, and then they sent me a final bill and I got confirmation from my new supplier that I had switched. (New standing order set up and being paid this time )

I read on a previous utility thread that someone who owed a gas/elec company had sent a letter with a low repayment offer, and enclosed a cheuqe for that amount, stating that if the utility company banked the cheque then they were entering a contract whereby the utility co. accepted that amount per month until the debt was paid off.

I thought that this was great advise and did the same, cheque has been cashed......therefore Powergen have accepted my kind and generous repayment offer. Apart from Utility Debt Recovery (their DCA) are now saying that there is no repayment plan and can they have their money please? I have not spoken to them yet, but will send a copy of the bank statement and my letter for their records

1) can Utility Debt receovery chase the debt or will they have to have a CCA?

2) Should I send off for an S.A.R - (Subject Access Request) with Powergen and where and whom should I send it to?

Will post again when I speak to them

[ozzywizard]

CCA does not apply to Powergen so none has to be produced as they do not offer credit. S.A.R - (Subject Access Request) may be pointless for you as you state you do not dispute debt owed but if you wish to send one then let me know here and I will post the address of the department which is revenue protection.

If you made a payment plan then they should of sent confirmation of this agreement in writing if not received then it was probably not made.

[reduk054]

Thank you Ozzywizard for your clarification, in this case you are quite right, an S.A.R - (Subject Access Request) will not be required! I think that I was getting confused.

The point about the payment plan was not one that Powergen wrote to me about, in effect they have agreed to my monthly proposal by cashing the cheque which was enclosed with my letter. It will probably be easier if I post a copy of my letter to illustrate my point!
Thank you again
Red

[reduk054]

Here is the letter which I sent to Powergen, and enclosed was the cheque, mentioned in the letter which they cashed.

Dear Sirs,

I am writing to you regarding my outstanding balance for energy which you have supplied.

I would like to advise you that a payment of £30.00 has been made via bank transfer on the 7th March 2006.

Please accept my next payment of £30.00 which is enclosed by cheque for the month of March 2007. The cheque is from my joint account held with ****Bank and the cheque number is 00**. Should you cash this cheque then you are accepting monthly payments of £30.00 until this debt is paid off or until such time, when I notify you that I am able to increase my payments once my circumstances have improved financially. If you cash the cheque then I will continue to make monthly payments of £30.00. However if you return the cheque to me I will understand that you are rejecting this offer. I am currently unabale to afford any more money towards this debt.

So I have shown willing and made a payment, and proposed a repayment offer, although Pgen did want £270 per month which on top of paying a new supplier I could certainly not afford, I offered at the time £220 which they rejected out right, but now my situation financially has got worse so...I did refer to the Energy watch website which stated that any energy company cannot force you to pay more than you can afford. I just dont understand why PGen let my account go elsewhere if the money was outsatnding, as they have not (yet) passed my outstanding debt on to the new supplier, which in their t&c's says that they can do?

[reduk054]

Update,

Hubby spoke to Powergen who phoned us because we had sent them a letter.

Telephone advisor at Powergen was not aware that the cheque had been cashed, and said it would be up to Utility Debt Services (think they are the in house debt recovery for Powergen) to decide if a contract has been entered or not.

Then the rep back tracked and said that if we miss a single payment by even one day then they will take immediate action.

[tiglet]

looks like they've accepted your agreement then - just don't be late or they will cut you off - er, hang on ....

[reduk054]

Hi Tiglet, glad you are under the impression that they have accepted my agreement, I was starting to sweat a little (or is that perspire/glow?!!).

I will keep this one updated though should I get any further phone calls etc (I am sure that I will!!)

Regards Red

[reduk054]

Hi All, well it wasn't a phone call it was a letter from Utility Debt Services who say that they are a specialist recovery agency acting on behalf of their client Powergen.

Letter states in INTENTION OF COURT ACTION
and Powergen have instructed UDS to to collect the full amount immediately. It is their intention to make a claim against me in a court of law.
My initial response (said to myself, as I did not phone them back, everything will be in writing sent for recorded!..) was GO ON THEN -TAKE ME TO COURT.
So tomorrow I shall send UDS a copy of powergen's letter and a copy of the bank statement showing the cheque, and a little covering letter!
Comments any one???
Thank you
Red

[reduk054]

Here is my covering letter to Utility Debt services not very technical (!) but in a bad mood today :

Utility Debt Services
Westwood Way
Westwood Business Park
Coventry
CV4 8LG


22nd March 2007

Dear Sirs,

Please find correspondence which has been sent to your client and a copy of the bank statement showing the cheque cashed by your client as acceptance of our monthly repayment plan. There fore I contest that I have failed to respond to your clients attempts to contact me, as I have not received any correspondence from Powergen.

As divulged to your client, we are unable to afford a higher monthly repayment at this time.

However, if you feel that you wish to take further action as threatened in your letter dated 20th March 2007, please be advised that such correspondence will be used as evidence that your client has accepted my repayment proposal.

Please could all further communication be made in writing.

Yours faithfully

this one will go on and on I am sure!

[Ruthie P]

Red, your post has
annoyed me somewhat. You openly admit
you didn't pay anything towards your
utilities for 2 years and that you knew you
hadn't bothered to pay anything towards it,
surely you thought to yourself you were
using it and therefore should have paid for
it, or at least made provision for payment?
This site, in my opinion, is designed to
help people who have had a wrong done to
them, whether it is through wrong doing of
a company or for instance bank charges
which are blatently a rip off. I feel that you
are using this site as a way to get out of
paying for the things you owe rather than
reclaiming your rights as a consumer, it is
obvious that you have used the energy,
therefore should have paid something
towards it before you got into the mess
you did. People on here are struggling to
pay what they owe yet they are not trying
to get out of what they owe, they need
help dealing with large organisations, your
thread seems to be a blatant refusal to
pay or at least try and pay what you truely
owe. Powergen are not being
unreasonable in stating that if you default
on the payment arrangement then they
will demand the money straight away,
after all you have had interest free credit
on all your bills since you stopped paying
them. They didnt cut you off did they?
They have been quite reasonable with you.

[reduk054]

Ruthie P, I am saddened by your scathing reply.

There are many reasons why I require help from this site, most of which involve my personal life, which to be quite frank, I do not wish to share on here.

My situation changed dramatically over the past 6 months, through no fault of my own, and here you are judging me!

I did offer, when I could afford to do so, £220.00 per month to Powergen, which if you had read the whole thread you would have seen. and did pay it, I cannot understand where you think I am trying to "get out of paying", that is not the content at all?!

Now I cannot afford to pay £220.00 per month, and I want to find a suitable way of repaying them without another detriment against my financial situation. And a solution which I am not going to default on.

I would suggest that you use this site to help people, and not to offer your own opinion when you are not fully aware of the situation.



Regards
Red

[tiglet]

Why not give energy watch a ring? t They give advice as well as dealing with complaints - they may well take this one up for you or tell you the best way to approach it.

[reduk054]

Tiglet, thank you for your help!!
I am desperately trying to tread water with all of my financial issues.
I had only looked at Energywatch's web site so far and gleaned as much info as I could, especially about when you can no longer afford to pay the full amount that the energy company require.
I had a doorstep call from a representitive of Powergen about my repayments before Christmas, and I really don't want the same thing occuring. At that period, before Christmas, I was repaying them at £220 pm, just not the full £270.00 which PG wanted! And they still sent someone round!
I will phone EnergyWatch. Thank you.

[tiglet]

No problem x

[reduk054]

Letter today from UDS saying that even though they cashed the cheque it does not constitute a legal obligation on their (or presumably my) behalf to continue with the agreement. They have asked for a lot more, but I am unable to afford more, at this moment in time.
Energy watch to be called this pm.

[tiglet]

Good luck red - I think they'll be the best ones to help you.