Buchanan Clarke + Wells, Npower, and a bill for when I wasn't there!

[Microchip]

Hi everyone,

 

I've received what seems to be the "usual" notice letters from BC+W, one as a formal demand (in big red letters) and one as a final notice 7 days later (also in big red letters). Apparently they're acting on behalf of Npower to recover a debt of £555.80, in the period from November last year to June this year, from a house I used to live at. However, I haven't actually lived at that address for over 3 years, I never actually signed an agreement with nPower although I enquired on the phone about changing to them, and we were always on a prepayment meter (which my ex-housemate took over topping up when I left). I'm fairly sure I didn't even receive any documentation from nPower, and definitely didn't get a new powercard or anything similar.

 

I've got the following letter which I'm looking at sending their way. Any feedback or input would be appreciated.

 

I write following your letter dated 21st October in which you requested payment of £555.80 on behalf of Npower, for the supply period 03/11/2007 to 18/06/2008.

 

I would point out that I have no knowledge of any such debt being owed to Npower. I was not resident at the address you refer to during the supply period specified.

 

Please explain why you believe I am responsible for the supply during these dates. You didn't specify in your letter whether this debt relates to a gas account or an electricity account. Please provide this information along with any further information which you believe indicates my liability for the aforementioned debt. I also request a copy of the signed agreement with Npower confirming an arrangement for them to supply us with electricity/gas as appropriate.

 

I would be grateful if you could acknowledge receipt of this letter and comply with my requests within 14 days, otherwise I will assume that the matter is closed and settled and that any liability on my part has been fully discounted.

 

Many thanks for your assistance in this manner.

 

Yours Faithfully,

 

Looking over the forums, the words "I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY" are suggested to be used at the top of this letter. Should I be attaching that too?

 

Thanks in advance for any pointers anyone has! From what I can see, BC+W will attempt to bully their way to getting repayment by any method, and I certainly don't want to pay something I haven't used!

 

(Moved from Utilities board, as I thought this was more appropriate.)

[ScabHunter]

They have to prove that you owe them money, you do not have to prove that you don't.

 

That letter is definitely along the right lines, although it could be made slightly stronger. Mention could be made of Trading Standards, the Office Of Fair Trading and the Information Commissioner, especially as they have no right to be processing your data.

 

Someone like 42man who is a genius with letters will probably be along soon.

 

SH

[Microchip]

Thanks for the notes so far ScabHunter, much appreciated. I'm quite looking forward to seeing what I end up sending them!

 

One thing I forgot to mention - the search was recorded at 3 of my previous addresses (including the one in question) on my Equifax credit file as follows:

Date: 20/10/2008

Search reason: Outstanding Debt

Company: Bcw Group Plc T/a Buchanan Clark

 

Is this anything to worry about, and if so, can it be removed? If it's not an issue, I'll leave it alone.

Edited October 31, 2008 by Microchip

[Microchip]

Sorry to bump this, but does anyone have any further input on this before I try to put another letter together? I'll look through the forums re notes on TS, the OFT and the Information Commisioner and see if I can integrate them into the letter.

 

Thanks again!

[ScabHunter]

This is the letter I would send them -

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY NOR ANY COMPANY YOU PURPORT TO REPRESENT

 

Dear Mental Defectives,

 

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.

 

As I have no knowledge of this alleged debt, I demand that you prove your entitlement to enforce it. No further correspondence will be entered into unless you can prove that this alleged debt exists, and that I am indeed the debtor.

 

As your letter of xx/xx/xxxx already puts you in breach of the Office Of Fair Trading Debt Collection Guidance a complaint has duly been filed. Any further breaches will be added to this complaint.

 

Should you fail to comply with my demand for proof, the matter will be brought to the attention of my own local Trading Standards department, as well as the one in your local area.

 

As you have demanded money with no proof of entitlement, you can regard this letter as the initiation of a formal complaint. I therefore request a copy of your official complaints procedure which you are legally obliged to supply. Should you fail to satisfy this complaint, it will be escalated to the Financial Ombudsman Service.

 

Should you be unable to provide proof that this alleged debt is genuine, then you are in breach of the Data Protection Act 1998 and must cease processing my data immediately. Failure to comply with this will result in a complaint to the Information Commissioner and may result in court action.

 

Also, note that while the account relating to the reference number above remains in strong dispute, you are not allowed to pass it on to any third party. Should you do so, further complaints will be made to the relevant authorities outlined above.

 

I look forward to your reply that this matter is now closed and that you have totally removed my data from your system.

 

Yours Faithfully,

 

xxxxxxxxxxx

 

 

As for getting false entries removed from credit files, that is another matter altogether, and seems to be rather challenging. There is another section of the forum devoted to the CRAs - maybe post a thread there?

 

SH

[Microchip]

Thanks SH - I'll get that sent off to them shortly

 

The help has been much appreciated!