Being pursued by Scottish Power for a debt that isn't mine...

[Peil]

Hi,

Got a letter in about 6 weeks ago for a outstanding amount of £1650 odd from a law firm in Leeds.
Got in touch with them, clarifying what it was about, turns out the debt was run up between 2001 and May 2006 for an address I've never lived at.

I explained that from 1985 till April 2004 I lived at my parents address, some 40 miles away. At that point my girlfriend and I got a flat together. We lived there until May 2006 when we moved to our present address. (Now going through a separation and I'm moving into yet another place)

Anyway, went through all this with the law firm, who said not to worry, they would send it back to their trace team for further investigation.

Skip forward to 31/03, get another letter stating that I have ignored them and that they will be seeking a CCJ, and seizure of assets.

I called yet again:
1st call, got a mouthy little so and so who said I should pay my debt, despite me repeating the details I had given previously.


2nd call, get a lady who was more willing to listen, who said the trace team had re-run the details and it was definitely me - when I said i had never lived there (again) she said I needed to provide proof of residence at my previous addresses.

3rd call, looking for a bit of info, asked if they had a DOB on file, no they don't, asked if they had checked the electoral register for the periods outlined, told they had checked the land register (good stunt, I have always lived in council housing in Scotland), and that they would hold off for a couple of weeks while i got them the proof, but they haven't said what proof they will require.

Right now I'm about to speak to a lawyer at my side to find out what I can do to get this nonsense sorted out.

Apparently the only thing I have in common with this guy is the same name and I moved house in the same month!

[PKea]

As far as I'm aware its up to THEM to prove that you lived there and NOT you who has to prove you didn't.

If you have proof that you didn't live there, thats good for you, but let them prove your lived there, DONT do their work for you.

They will have to have proof that you lived there to enable them to get a CCJ against you.

[ozzywizard]

Sounds like a fishing letter to me.

[Peil]

Wow, quick reply

Thats what I thought, but common sense tends not to come into it when a bill for that much comes thumping through the door.

What I need to clarify is, what would happen if they want to proceed with a CCJ? Would I even get notified of a hearing date or would I only be told after the fact? Sorry I don't have a clue regards English law.

[ozzywizard]

They will have to notify you first but I seriously doubt it will go that far.

[demon_x_slash]

I don't think they'd dare take you to court! LOL! How ridiculous. To take someone to court they actually have to have this thing called, er, proof... many DCAs and debt collectors haven't evolved enough intellectually to realise this.

[Peil]

Hi,

Got another letter in today from these clowns (LCS Civil Enforcement) stating that as I haven't settled and have ignored their previous communication (interesting given they have records of my telephone conversations) that they will either hand this off to either a solicitor, or they will send a rep to my house to secure payment!

I took some legal advice and was told to get some proof I have never lived at the property and send it off to them - was thinking of asking my bank for details of all the addresses they have on record for me.

Is that the way to go, or should I be doing something else to get these lazy, incompetent clowns off my back.

BTW. Got a copy of my credit files from checkmyfile.com - funnily enough the electoral register shows I have never lived at the property in question either - should I bother printing that stuff off?

[ozzywizard]

I wouldnt, really they have nothing on you. Certainly do not give them your banking details.

[Peil]

Yeah, I had no intention of giving anyone my account details, it was more along the lines of here are the registered addresses my bank has on file.

This was the line that the lawyer advised me to take as well.

Say they do send someone out to my house, just what would happen? Would they then take a look at my documents and go away or are they likely to start trying to be heavy handed?

FYI - I live near Glasgow so Scots law would apply

[ozzywizard]

I would not like to comment on Scots law as I know nothing about it, however I doubt they will come to your property and if they did once presented with proof they would have to leave. Also even if the debt was yours as long as you did not let them in the property there would no action they could take at the door.

[Peil]

Unreal - almost 9 months pass by and I get another one of their threat letters.

I only found out about it last week when I was round the ex's to pick up the kids.

Bluntly I am really hacked off at this and am very tempted to tell them to 'go away' in writing.

In fact at one point I was tempted to just write to them and ask them to file the court papers and we could settle it there as they are unwilling to do their job properly.

Is their anything I can do to make sure that they stay off my back - I really could do without them writing to my ex's address, and am very wary of giving my address as they will no doubt try and stick a credit ref against it.

[rory32]

I think you should get in touch with your local Trading Standards. You can find your local one here Trading Standards Central - Trading Standards and Consumer Protection information for the UK just enter your post code. You can also complain to EnergyWatch energywatch: How to complain

[Conniff]

I think I would write them one last letter using large bold type and tell them if you receive any further correspondence from them you will apply to the courts for an injunction, and claim compensation for harrasment.

As said before, it is not up to you to prove you did not live there, but up to them to prove you did, which of course they cannot, and as also mentioned, this is a fishing trip or they would have served you with court papers long before now.

[lek]

having the same trouble myself - chasing me for a debt for Yorkshie Water I am not responsible for. They have involved myself, my partner, and my ex who i divorced 15 years ago! I have spoken on various occasions to LCS staff, and received nothing but disrespect and rudeness. Finally got to speak to a manager, and have just finished typing a stinking letter. you might find the following useful -

file:///C:/DOCUME~1/CHARLO~1/LOCALS~1/Temp/Message.htm

good luck!!