BCW problem and question about credit blacklisting

[nkomp18]

dear Group,

 

I am delighted to find a forum that deals with the rights of consumers as I have recently come to realise that too many companies strive to intimidate, bully and unfairly treat customers in order to grab their money.

 

I have read a number of posts by people, enough to know that I am a typical run of the mill case. I am relatively new to the country and am pretty shocked by the concept of "Dept collection companies" that are speciallised to bully in order to extract unjustified costs. Below follows my story and my question is at the very end so skip the blah blah if you wanna cut to the chase.

 

I was with Scottish gas for a year and had to wait for 9 months before I could pay my first bill because their computer systems couldn't find out address. It was 9 months of constant calls to Scottish gas, the municipality and whole other authorities, including begging to start paying. Eventually we did manage to pay everything and I when I left, I closed my account and settled every last penny of the balance and left. I have the bank statements of these.

 

6 months down the road, I start receiving these dodgy messages by BCW. At first I thought they're spam because the way they approach people (them texting to call them) is rather dodgy and unprofessional. They are very stingy, aren't they? Anyway I did call around the 3d time and they told me of a dept to "British gas" of 100 pounds. I was a bit shocked because they were very aggressive, demanding and rude. I was bullied but refused to acknowledge the debt and asked why didn't I receive a bill of this and why did it pop up now? They are very good at intimidating people but I think I'm safe if I just ignore them or send a good letter not ackowledging the debt. I have proof of all my payments and know things are in order so I see no point paying a debt I don't recognise. Furthermore my credit history is a star by all means, I always pay everything on time.

 

My question is, I suspect BCW has the power to black list me so that if I try to get a service with any of their affiliates (the companies they cooperate with are listed on their website) then I need to supply a deposit. It happened to me twice already and I am very shocked that they treat me as a person with bad credit history.

How do I go about clearing my name and how do I battle with them to set things straight? DO I need to contact my bank or British gas? British gas btw have no record of me so it's hard to discuss anything with me.

I don't want to call BCW again because they are extremely aggressive and rude.

 

Thank you for your help!

Nick

[saintly_1]

What you can send them is a letter asking for proof of the debt

 

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

 

 

See what they respond with

[nkomp18]

I also found this letter on another post that I thought is really good. But apparently you have to send 1 pound with it..

What do you think?

 

 

Dear Sir/Madam

 

REFERENCE NUMBERS

 

Further to your letter of ----xx--. Please note that I am not aware of any debt with your client,

British Gas and I do not acknowledge this debt to your or your client.

 

With reference to the above agreement, I would be grateful if you would send me a true copy

of this alleged signed credit agreement along with a true up-to-date statement of account.

I also ask that you forward this request on to your client British Gas.

 

I understand that under the Consumer Credit Act 1974 (Sections 77-79),

I am entitled to receive a copy of our credit agreement on request and your obligation also extends

to providing a statement of account. I enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

 

You are notified that you are obliged to supply these documents,

whether you are the original creditor or not, under S189 of the CCA 1974.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if

they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Non compliance with my request is an offence under the above Act and will result in a report

being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer

is unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage that any legal action you may contemplate will be both vigorously defended and contested.

All communication furtheron has to be in writing.

 

I look forward to hearing from you.

 

Yours faithfully

Nick

[saintly_1]

Not sure that you would of signed a credit agreement to receive a gas supply ...

[Guest Old_andrew2018]

I agree with Saintly_1, so would use the letter they suggest, and I would never telephone these idiots.

Sorry just a thought do they have your address, if not why bother to write, each time they Phone tell them to go away.

 

Regards

 

Andy

[nkomp18]

Unfortunately the first time they bullied me I sent them my address in order to get their crappy letter.

I regret it so much now that I know what they're all about, but it doesn't matter as I'll soon move anyway. And legaly, I've never ackowledged this debt. There's no debt to acknowledge. What I'm concerned about is my being blacklisted. Any ideas about that?

[Guest Old_andrew2018]

Hi

 

I assume you are refering to defaults, I would sent the letter as suggested by saintly_1

 

Regards

 

andy

[nkomp18]

I will send the letter as suggested by saintly_1.

 

Can I also add that I have evidence that all balance has been cleared with british gas when the account was closed or is this one of those situation where the more info you give them they more they'll use it against you?

[Guest Old_andrew2018]

hi

 

I think you should wait and see what they come up with, thats is the best advice I can give,

 

Remember the advice Saintly_1 gave don't sign the letter, its possible to scan a signiture and paste it on to any document.

 

Regards

 

Andy

[zazen.warrior]

Unwanted Advice

[nkomp18]

Well yes I suspect they are talking about the final bill.

 

What happened was, after I left Scotland my flatmate called and terminated my account, paid the final balance (he has the receipt) and changed the account in his name.

 

I think he did things correctly otherwise they wouldn't have closed the account, right?

I now live in England and it's been 6 motnhs since then. I never received a bill at my old address about it. I suppose whatever went wrong has become a debt, but I do believe it was paid properly because my flatmate has a receipt of 200 pounds to terminate the bill.

[nkomp18]

Oh when I asked what period does that concern, they said 13/6/2006 - 13/10/2007!?!

It boggles the mind...

[zazen.warrior]

Unwanted Advice

[nkomp18]

Ok i'll talk to british gas but as i've mentioned my account has been closed and they are reluctant to talk to me.

 

My flatmate closed the account on the 31st of October and paid all outstanding balance. Therefore I find it odd that they charge me until the 13th of Oct.

 

If my flatmate calls to British gas they can only advice him on his account and are not allowed to tell him about my account. If I call they tell me i'm not their customer any more and can't provide me with details. It's a very bureaucratic situation where they've made a mistake and they create a situation that they can't solve it

[zazen.warrior]

Unwanted Advice

[nkomp18]

I love the kanji for road you have zazen warrior. It's michi (道) isn't it? Is that because you show the way to people?

 

Btw how do you do the BG Data protection act consent? If i call them do I say "I want to do the bG data consent with my flatmate" or "I have done it" or do I need a lawyer?

[zazen.warrior]

Unwanted Advice