gas debt - Statute Barred - at my wits end!!

[Acydman]

Hi

 

I have a debt for Gas with Powergen at a previous address, I don't remember having the debt as I changed suppliers and they surely don't let you leave if you have an outstanding balance with them.

 

The debt dates back to 19/10/2001, which I have never acknowledged or paid since. So I understand the debt is statue barred.

 

I have been contacted by 1st Credit, LCS Civil enforcement and Advantis Credit, all of which have been sent the usual Status Barred Letter.

 

Advantis credit have ignored it and they are still sending letters threatening legal action. I have report the previous ones to Trading Standards but they are not very helpful "We'll write to them stating the law", just reported them this morning to Trading Standards.

 

I just want this to stop, I am not prepared to pay for this debt its statute barred and it looks like its on a debt collection merry-go-round.

 

So how can I go to the source Eon (formely known as Powergen) and get this damn debt written off?

 

Surely I have a good case to take them for harassment?

[saintly_1]

Sorry, I've just noticed that you haven't had a reply yet. This isn't my area of expertise............. but hopefully somebody will be along soon to advise you further/point you in the right direction.

 

Best of luck

[rory32]

Have you sent them an official complaint in writing? If not you should certainly should.

 

Make a complaint to the OFT too as well as Trading Standards.

[minkymonky]

I am in the same position. My husband has been pestered for 4 years for a debt that he thinks relates to a credit card he applied for 10 years ago. He keeps refusing to pay, the debt gets "sold" to another cowboy company and the threats continue. currently, we are being harrassed by First credit for almost £1500. We're so fed up, we've complained to the financial Ombudsman, who has intervened on our behalf and ordered First Credit to prove we owe them money or to cease contact. Unsurprisingly, they are still phoning and sending letters so it looks like we'll have to go back to the Ombudsman to ask him to intervene again. These people seem to operate above the law with impunity. They threaten, bully and lie to try and force you to hand over cash. I regard their tactics as extortion. It makes me so mad that we're now considering taking them to court. They think that, by making your life a misery, you'll pay up just to make them go away.

[42man]

Hi Minkymonky...is it possible you can start your own thread on this ?

[minkymonky]

Certainly will do. First Credit are the absolute **** of the earth. Words fail me as to how low they would sink to con people out of money. Thank God for this forum where people can find out that they've got support and help to tackle these bullies head on.

[42man]

THIS DOES NOT CONSTITUTE ACKNOWLEDGEMENT OF DEBT

 

Dear Sir / Madam

 

For the purposes of clarity and the avoidance of doubt, please take careful note of the following :

 

1. This letter is sent to you to avoid any “miscommunication” and to give an unequivocal statement of intent.

 

2. This letter does not acknowledge any debt owed to you or your affiliates, agents, owners or otherwise.

 

3. I understand this debt was last acknowledged over 6 years ago and falls within the remit of s.5 of the Limitation Act 1980 (which, in case you need reminding, states that an action founded on simple contract shall not be brought after 6 years from the date on which the cause of action occurred).

 

4. I am sure that you are aware that the OFT’s Debt Collection Guidance states, at paragraph 2.14(b), that it is considered unfair to pursue a debt where the debtor has not heard anything during the limitation period (which, even if this were my debt, I haven’t).

 

5. The same guidance also states it is unfair to mislead a debtor as to rights or obligations. It gives a specific example of implying or stating that the debt is legally recoverable. I enclose a copy of the letter sent by yourselves which engages in this very practice by threatening debt collectors and, worse, that a judgement will be sought against myself.

 

6. The same guidance states it is unfair to pursue a payment after a debtor has already stated they will not be paying due to it being statute barred. I am informing you that, even if the debt were mine, I would not pay it.

 

7. I am sure you are aware of the provisions of the Administration of Justice Act 1970, specifically s. 1, which makes it an offence to harass a person with a demand for payment, or concerting with others to do the same. Whilst s. 3 of the Act provides relief, it is available only where it is permissible in law to take the offending action (which, as pointed out, it is not lawful as it is statute barred), as well as that action being reasonable.

 

8. You have stated that they would send a debt collector to my address. I refer again to the OFT guidance on this matter, specifically at paragraph 2.12d (entering a property when not invited), 2.12e (failure to leave a property when asked to do so) and 2.12f (visiting or threatening to visit without prior permission when the debt is disputed).

 

9. Furthermore, you are reminded as to the common law provision which allows presumed consent of visiting without prior agreement (Armstrong v. Sheppard and Short Ltd [1959] 2 QB 396). As such, I am notifying you that I do not give consent to you or your agents etc or employees entering my property.

 

I presume that you can put all the above together, but to avoid doubt please be advised of the following should you pursue this matter.

 

For the avoidance of doubt, I do not wish for any person acting in any manner relating to this debt to visit my property nor do I wish to make any appointment. Any person who visits my property in relation to this alleged debt shall be immediately evicted, using whatever force is reasonable and necessary, and I shall have no hesitation in gaining the presence and/or assistance of the police to do so. Furthermore, damages shall be sought under the tort of trespass.

 

Any further communication requesting or demanding any sums of money or other property or chattel to be paid in relation to this alleged debt shall result in a complaint being made to Trading Standards a well as your activities being reported to the Office of Fair Trading. Should such action continue, I shall deem it to constitute harassment and will have no hesitation in seeking the intervention of the courts. Be aware that any action shall also include costs.

 

I trust the above is perfectly clear and I now expect you to confirm promptly, in writing, that you have closed this case and that no further action will be taken.

 

 

Yours,

[Acydman]

Hi

 

The wrote claiming EON spoke to my wife on the telephone in Aug 2003 and they say the six year period is now restarted id this correct?

[rory32]

No. Acknowledgement of a debt can only be by making a payment or an offer of payment in writing.

 

Were either of these done?

[Acydman]

No none of these were done, I need something to send them to get them off my back now as they are still threatening legal action and 100% believe they have the right to take me to court.

[rory32]

Did you make complaints to the OFT and Trading Standards?

[Acydman]

I have been in touch with my local trading standards who are not much use, they wrote to one of the others, but want copies of all correspondence now, so I'll send it off and see what happens.

 

I need to find some way of getting them to back off and follow the law.

[lickthewallfatboy]

I think,and this is just my opinion,that you should call their bluff....

 

challenge them to put up or shut up.Make them take you to court,and when they file the claim,apply to get it struck out on the grounds that it is statute barred

 

anyone else foolish enough to try and pursue a "debt" which a court has dismissed would be very stupid indeed

 

if their bluff is called and they back down,just trash any more letters they send you without even opening them.

[Acydman]

Is the claimed telephone call to my wife enough to move the Statue barred date to then? They seem to think so.

[dpick]

No the statute barred date runs from the last payment they are able to prove was made by the account holder(not you paid us £5 by postal order we dont have the letter) and again the date runs from the last time the account holder acknowledged the debt in writing, I stress in writing.

 

dpick

[lickthewallfatboy]

Is the claimed telephone call to my wife enough to move the Statue barred date to then? They seem to think so.

 

again.....put them behind the 8 ball and let's see the size of their plums,so to speak!!

[rory32]

I would also add that once a statute barred defence is entered it is up to the claimant to prove that any debt is not statute barred. You have to prove nothing.

 

I would also get a complaint off to the OFT under the Consumer Protection from Unfair Trading Regs and let these cretins know that you have done this.

 

http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/147893-complaint-about-being-threatened.html

 

This is the address to send complaints to:

 

Enquiries Unit

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London, EC4Y 8JX.

[Acydman]

Would anyone way its worth complaining about EON as well as they are the ones driving this?

[rory32]

Yes, you should certainly make an official complaint in writing to EON.

[bownesslass]

Hello mate!!......Ok I have just had a battle with Advantis Credit,on exactly the same subject. I sent these encumbents the Statute barred letter and Guess what?? they ignored it. My next letter to them was informing them that since they had seen fit to ignore my first letter I DEMANDED that they instigate their complaints procedure,as to why they were prepared to continue the harassment whilst ignoring the laws that cover these matters. That was on the 12th of Jan, and I also informed them that I was now lodging a formal complaint against them to the OFT,Trading Standards,and the Financial Ombudsman.

On the 20th Of Jan I recieved a letter from them but this time there were no threats,only sincere apologies for this ,and that,and the other.

Better still on the 24th Jan , another letter that they had "Investigated" and INDEED my alleged "debt"was in fact Statute Barred ,and that they were no longer making any more contact with me as the debt had been cancelled,and would not be handing it to anyone else.

 

Don,t bend your knee to them there is tons of assistance on these forums as I found out.:grin::grin:

 

PS, The person who signed my letters was

Josie Foster ......Process Improvement Manager

.........................Advantis Credit Ltd

[rory32]

PS, The person who signed my letters was

Josie Foster ......Process Improvement Manager

I imagine she has a lot of work ahead of her

[Acydman]

Just sent them this:

 

THIS DOES NOT CONSTITUTE ACKNOWLEDGEMENT OF DEBT

 

Dear Ms Josie Foster

 

I hereby make a formal complaint against you organisation.

This debt is statue barred, I have neither made admission of liability in writing nor made any payment to the account. A contact or attempted contact by the creditor does not constitute sufficient evidence to make debt enforceable again.

I want in writing confirmation of the following:

1. The debt is indeed statue barred and you will close the account and stop this illegal harassment.

2. You will stop processing any data in my name under the Data Protection Act as you don’t have the authority from me to do so.

UNLESS YOU CAN PROVE AN ADMISSION OF LIABILITY IN WRITING FROM ME, OR PAYMENT MADE TOWARDS THE DEBT, THE DEBT REMAINS STATUE BARRED. If you believe this to be different then please provide such evidence.

 

I trust the above is perfectly clear and I now expect you to confirm promptly, in writing, that you have closed this case and that no further action will be taken.

If I hear no reply within seven days I will take the following steps:

1. Report this matter to local Trading Standards Officials

2. Report this matter to the Office of Fair Trading under the new Consumer Protection against Unfair Harassment.

3. Report this matter to the Financial Ombudsman.

 

So I think she's got some work to do!

[Drexl Spivey]

You seem to be in some anxiety over it , it is understandable . But if the dca can detect this too, then they may think their methods of intimidation and coercion may finally prevail and you will eventually succumb to avoid this stress.

 

I had the very same situation as you , and I cannot say for sure that the reason they eventually went away was because I led them a dance of merry hell and happy to engage them in every battle , but the needless ( to them) hold ups and delays and frustrations you can cause to their staff must eventually filter through in their appraisal on wether you are a likely candidate to part with monies or not . They will wonder at the cost effectiveness of continuing their plight.

 

So you could try that angle if you wanted , it is more fun than getting stressed . They will give in when you are continually laughing at their operators for their vain and ignorant efforts and tying up their complaints department in streams of documents to be responded too.

[Acydman]

 

Success!!

 

I have received a letter this weekend from Advantis from Josie!

 

They have closed the account on the 10th Feb and will not persue it anymore!

 

What really bugs me is I have written the same letter 5 times to the same firm.

 

Anyway Chalk it up as another success!!

[rory32]

Well done