Help with former flatshare

[wildheart83]

Hi all, i'm hoping someone can help me.

 

I moved into a flat with a friend in July 05, and moved out early 2006, with my friend staying on in the flat and getting a new flatmate.

 

I have received a letter today from a company called LCS Civil Enforcement asking for payment of £3241 for unpaid utility bills dating from 01/07/2005 to 08/02/2007, which is from after i moved out.

 

The account for which they are chasing payment was never in my name, as he transferred his account from a previous property when we moved in, and I paid my half of each bill to my flatmate.

 

Having spoken to this company they say I need to provide proof of when I left the property, and I need to send a copy of the tenancy agreement, which I don't have anymore.

 

This isn't my debt, nor was it ever my account so legally what can they do?

 

Incidentally the flatmate has now disappeared off the face of the earth and i'm starting to worry.

 

Thanks,

wildheart x

[rory32]

Having spoken to this company they say I need to provide proof of when I left the property,

No, as usual the DCA have got it the wrong way round. It is them who need to provide proof that you indeed owe them any money at all.

 

LCS's name sounds very officious but they are just the same as any other DCA. They have no legal powers and will tell you any old flanel over the phone which they wouldn't dare put in writing.

 

Send them the following via recorded delivery and see what they come back with.

Dear Sir/Madam

 

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

[wildheart83]

Thanks, Rory to the rescue as usual. I'll send it off and see what they come back with

[wildheart83]

Ok I sent the letter that Rory supplied, but they've chosen to ignore the letter and sent a final demand addressed to myself and my former flatmate, even though he has never lived at this address.

Is there anything else I can do to make it clear to them that this account is absolutely nothing to do with me and to stop threatening me?

[rory32]

I would report the matter to the OFT under the Consumer Protection from Unfair Trading Regulations 2008 as well as calling into question their fitness to hold a consumer credit license. Also report the matter to TS as you previously advised LCS.

 

I would also write to LCS informing them that you have done so and demand a copy of their complaints procedure. If they don't supply this you can get the FOS involved as well.

[wildheart83]

Thanks Rory, I'll get another letter off to LCS and get onto the OFT. I just don't know what I'd do without this site

[wildheart83]

Hi again. I spoke to Scottish Power with whom the original account was with and they have informed me that my name has been added onto the account, but they can't say when it was put onto the account or by whom - even though I've never had any knowledge of this account and any bills that came to the property were addressed to my flatmate only.

 

I don't have my tenancy agreement from the letting agency, and I'm really struggling to prove when i moved out of the property as all my mail went to another address.

 

I know I paid my share of this account and I really can't afford to pay so much money for an account that really has nothing to do with me.

 

Thanks in advance

wildheart x

[Lula]

My niece had had an experience like this, her former flat mate, after she moved out, put her name on the utility bills, the utility companies then persued my niece even at her mothers address, but what is the remedy? and what is to stop some unscrupulous person moving in somewhere and having the utilities and council tax in another name entirely?

[zazen.warrior]

There are Data Protection Act issues here; the utility company should not have added your name to this account without your personal consent.

 

I should mention a complaint to the information commissioners’ office to the original creditor and suggest they call off the dogs before it gets sticky for them.

 

If they do not remove you name from the account make that complaint.

 

There would also be a record in the notes on the account of when the account information was updated, so a SAR might be in order too.

 

The member of staff who made this change without your consent would be in deep doggy do.

Edited January 30, 2009 by zazen.warrior

[rory32]

I spoke to Scottish Power with whom the original account was with and they have informed me that my name has been added onto the account, but they can't say when it was put onto the account or by whom

Well that's something of a major fly in the ointment for them. They expect you to pay a bill but can't supply you with details to substantiate your liability.

 

Have you made a formal complaint in writing to Scottish Power?

 

It also, I think, would be worthwhile sending them a SAR to see exactly what details they do (or don't as the case may be) have regarding the bills being put in your name.

[zazen.warrior]

Well that's something of a major fly in the ointment for them. They expect you to pay a bill but can't supply you with details to substantiate your liability.

 

Have you made a formal complaint in writing to Scottish Power?

 

It also, I think, would be worthwhile sending them a Subject Access Request to see exactly what details they do (or don't as the case may be) have regarding the bills being put in your name.

 

Snap!

[rory32]

Yep

[wildheart83]

I haven't made a formal complaint to Scottish Power yet but I will do, along with sending the SAR form to find out what exactly is going on with this account. The girl I spoke to was trying to be helpful when I spoke to them last week and she said that they could only remove my name from the account if I could prove that I didn't live at the property in the period they are looking for payment for, which is almost impossible as nothing seems to be accurate.

Will start with SAR and complaint to SP and see how I get on.

 

Thanks again x

[zazen.warrior]

I would have thought the burden of proof was on them- to say the least

[wildheart83]

I've sent a letter to Scottish Power, not yet making a formal complaint but asking for a breakdown of all charges and for copies of the bills.

However I received a letter from my friends at buchanan clark and wells looking for full payment within 7 days. They have added 32.5% interest onto the account, so it's taken it from £2400 to over £3000.

 

Is it worth my while to CCA Buchanan Clark and Wells or should I stick to my complaint with Scottish Power?

[palomino]

Stick with Scottish Power for the moment.

 

You need to start getting aggressive with them. They simply cannot put an account into your name without your agreement. As noted above they are in a bit of trouble here.

[Lula]

I've sent a letter to Scottish Power, not yet making a formal complaint but asking for a breakdown of all charges and for copies of the bills.

However I received a letter from my friends at buchanan clark and wells looking for full payment within 7 days. They have added 32.5% interest onto the account, so it's taken it from £2400 to over £3000.

 

Is it worth my while to CCA Buchanan Clark and Wells or should I stick to my complaint with Scottish Power?

 

 

OK, you cannot CCA as utilities are not covered by the Consumer Credit Act, and do you actually have a letter stating that they are going to charge you 32.5% interest? WOW they would only get 8% in court

 

Just tell them that the account in is dispute and SAR Scottish Power.

[wildheart83]

I've had nothing back from Scottish Power yet at all but bcw have stated that they have added on 32.5% in interest and will add 32.5% on top of the new amount if I don't respond positively within 7 days.

[wildheart83]

Today I have received a copy of my tenancy agreement and also a copy of the letter of termination I sent the letting agency when I moved out.

The lease was due to run out in Feb 06 but I stayed on in the property until May 06, with my flatmate moving out in Feb 07.

 

The letter I sent hasn't been stamped by the letting agency so there's nothing on it to say I even sent it to the agency.

 

I could print off my bank statements showing the standing order leaving my account each month until April 06 but would this be classed as proof?

 

I have since had another threatening letter from BCW stating they're now going to add 32.5% interest onto the £3200 the debt is at currently.

 

Thanks in advance.

wildheart x

[wildheart83]

I'm hoping someone can help me. I sent my SAR away to Scottish Power to get all information on this account which is apparently in my name jointly with my ex flatmate, however they say that they can only provide statements and account information going back 2 years, to May 2007.

 

Should I write to Scottish Power asking for account information going back to June 2005, or should I be making a complaint elsewhere?

 

Thanks,

wildheart x

[wildheart83]

I have received all statements for the account and they have confirmed that my name was never on the account when it was set up in June 2005.

There has also been a warrant issued to my former flatmate for this account, which was issued in Feb 07, and again in my flatmate's name only.

 

However, the account was passed to a tracing agency (1st locate) in April 2008 and there is an entry on the account which says "as per your request, I have added xxxxx (my name) onto this account" but it doesn't say who actually requested this.

 

Legally can they just add someone's name onto an account and chase them for money? Thanks to the charges BCW are adding every month this account is now sitting at over £4k.

 

It seems that regardless of what I tell BCW they just keep writing back to me demanding money and adding more charges.

[Lula]

Well I would say that if the original company never had your name on the account and then suddenly "as if by magic" your name has appeared on the debt copllection agencies paperwork, then someone somewhere is not telling the entire truth, ask them to prove that you asked them to add your name, I bet they cannot, I think it is a deception by the DCA, you ne3ed to put it in writing to them and the OC that you have never had your name on the account and would never have asked that you were added, also say that if this matter goes to court, they will be put to strict proof as to when you allegedly asked them to add you.

[wildheart83]

I've never had any contact from 1st locate, and the first communication I had from BCW was in march this year. I have copies of my tenancy agreement, and also my tenancy termination letter but I don't really want to give that out to BCW at this stage.

My initial thought is to wait til they take the matter to court, as I know I have all relevant paperwork to prove that not only do I personally not owe this money but that this account was never in my name until the DCA / tracing agency got involved. But is this a dodgy thing to do?

My folks have suggested speaking to a solicitor about the matter, due to the money involved but I've already had to pay for the SAR to find out what's going on and I really don't want to be paying anymore money on this

[Lula]

I dont know what anyone else things, but you have your SAR and all the paperwork that says that the account was never yours, if you go to court you would be able to ask the judge to make them prove what they are saying, only a fool would ask that their name be put on the account.

 

Personally, I would say save your money, what else would a solicitor be able to do that hasnt been done already?

[wildheart83]

Should I write to Scottish Power and all other DCAs handling this account to say that the account was never mine, and I have all statements to prove it, or just wait for them to try taking this to court?