Advantis chasing old powergen / EON debt

[closeshave]

Hi Everyone

 

I received a letter about 2-3 weeks ago from Advantis saying if it was addressed to the wrong person please ring them to tell them and if it was the right person to ring them anyway - threatening that I owed money but didnt say an amount or who to. I ignored it.

 

Just got another letter from Advantis today "Notice of intent to commence debt collection action" It is addressed to my maiden name and my now husband saying we owe £271.92 outstanding balance and they acting on behalf of Eon (formlerly known as Powergen). This is from an old address we did live at. Unfortunately when we left and paid in full I did not keep any paperwork and so have no way of proving i dont owe this money!!!

 

It states "to avoid Advantis taking further action you must either pay it in full or ring them on tel no.....)

 

I have no intention of ringing them - it states that the bill is for the period ending 01/10/03 - am i right in thinking that this will be covered by the 6 year ruling when October 09 comes? It seems to me that they are just phishing to see if they can get anyone to respond so that they can stop the clock ticking. The clock was or should have been stopped when we moved from the address and paid up what we owed which was not that amount anyway!!!!!!!!!!!!!!!!

 

Does the 6 year ruling apply to utility bills like gas, electric, water?

 

What would you suggest I do now? I dont want to stop the clock and my gut feeling is to ignore, but I dont want to be slapped with a Court Order either when I dont owe them anything.

 

Hope someone can give me some solid advice.

 

Thanks

[cerberusalert]

The clock only stops ticking if you make payment or written acknowledgement within the six year period. If they get too persistent you can send them this;

 

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.

 

**Edit to suit**

 

Remember, don’t sign the letter.

[closeshave]

Cheers for that advice.

 

I will keep a copy of the template and if they start sending threatening letters I will then send that letter to them.

 

Thanks again.

[closeshave]

Hello everyone

 

I have been receiving letters address to myself and my husband for a couple of months from Advantis. First they just demanded an amount of money but didnt state what for. Then we received a "Notice of Intent to Commence Debt Collection Action" on pale pink paper!!!!!!!!!!!!!! It is set out like a Court Summons.

 

It says that we have to pay X amount by 23 March or failure to pay may result in debt collector being instructed to visit and collect the debt personally OR Advantis Credit may instruct Solicitors to commence legal action and this may result in a judgement being recorded against us.

 

I have noticed on this last letter that it states it is for a property that we previously lived at in 2002/2003 we left there back end of 2003. This is for electricity used, I cannot remember exactly who the electric company was, but I am quite sure that this was paid, although because its so long ago I havent got any paperwork to prove this.

 

It says that this is for period ending Oct 2003. Am I right in thinking that Advantis are either just on a phishing trip to see if they can get some money from us, and/or as they say this debt is from Oct 2003 it is coming up to 6 years in this October and would not be enforceable then.

 

Would you suggest I carry on ignoring them? I do not even know if this amount is correct, if or how much has been added in costs etc. I am at a loss really because I dont think I owed the elctricity anything anyway.

 

If someone could advise I would be grateful.

 

Thanks

 

CS

[42man]

the 6 years will run from when you last made a payment to the debt.....a SAR to the electricity provider might enlighten you some more....

[closeshave]

Thanks for that 42 Man but I cant remember who the electricity provider was and I am sure when we left we paid all the bills outstanding. what would you suggest I do in these circumstances as I cant contact and electricity provider if I dont know which one is was, and I am quite sure that I dont owe anything.

 

Thanks

 

CS

[cerberusalert]

If you can't remember who the energy provider was send the 'prove it' letter below to Advantis & with their response you should know who it was, then you can SAR the provider to see your account details and when the last payment was made.

 

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 you.

 

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.

 

**Edit to suit**

 

Remember, don’t sign the letter.

[the_shadow]

If its set out like a court summons then its a breach of the OFT debt collection guidelines and a complaint should be made to OFT

 

 

Communication

2.1 It is unfair to communicate, in whatever form, with consumers in an unclear,

inaccurate or misleading manner.

2.2 Examples of unfair practices are as follows:

a. use of official looking documents intended or likely to mislead

debtors as to their status, for example, documents made to resemble court

claims.

[closeshave]

Hi

 

I sent the Prove It Letter on 23.04.09 to Advtantis. I then had a letter from them dated 1 May 2009 stating that they confirmed they were pursuing the debt on behalf of their client for an address and gave dates, it also stated that they had requested a copy of the bill from their client and would pass this on as soon as possible.

 

It also stated that if i believe that this outstanding balance is not owed I should provide copy documentation relating to the dates i occupied the property ie council tax bill for full billing period etc or letter from letting agent. It also asks me to ring them on a priority tel line.

 

As i Have not received this copy bill or anything else I was waiting for them to send the copy bill, as yet nothing has arrived.

 

I have now received a letter dated 6 July 2009, it says that their receords show that I have not responded to their previous letter requesting that i contact them and that if they do not hear from me within 14 days they will take action to recover the debt.

 

What do I do now. I thought the owness was on them to prove that I owed this debt (which I dont believe I do) not the other way round. And why are they allowed to commence proceedings against me whilst ignoring my letters (prove it) and they said they would send copy bill which they havent.

 

If anyone can help and tell me what to do next I would be most grateful.

 

Thanks

[the_shadow]

Hi

 

I sent the Prove It Letter on 23.04.09 to Advtantis. I then had a letter from them dated 1 May 2009 stating that they confirmed they were pursuing the debt on behalf of their client for an address and gave dates, it also stated that they had requested a copy of the bill from their client and would pass this on as soon as possible.

 

It also stated that if i believe that this outstanding balance is not owed I should provide copy documentation relating to the dates i occupied the property ie council tax bill for full billing period etc or letter from letting agent. It also asks me to ring them on a priority tel line.

 

As i Have not received this copy bill or anything else I was waiting for them to send the copy bill, as yet nothing has arrived.

 

I have now received a letter dated 6 July 2009, it says that their receords show that I have not responded to their previous letter requesting that i contact them and that if they do not hear from me within 14 days they will take action to recover the debt.

 

What do I do now. I thought the owness was on them to prove that I owed this debt (which I dont believe I do) not the other way round. And why are they allowed to commence proceedings against me whilst ignoring my letters (prove it) and they said they would send copy bill which they havent.

 

If anyone can help and tell me what to do next I would be most grateful.

 

Thanks

 

Send a short letter back by recorded delivery.

 

 

Dear Trying-it-on

 

I refer you to my previous letter dated xx/xx/xxxx asking you to prove the debt. To date you have not supplied the bill you advised of in your letter xx/xx/xxxx. Until such time as you prove the debt you are in breach of OFT debt collection guidelines attempting to collect on a debt that you have been asked to prove, and complaints to the relevant authorities will follow.

 

Yours no-mug.

S.

[closeshave]

Thanks for that - I will sort a letter out now and get it in the post recorded delv today.

[closeshave]

Thanks

 

I did send that letter back and I have received copies of all the bills from that property for 2002 - 2003 and it says that there is an outstanding amount - which I know we paid when we left. I am really fuming now because I obviously havent got the paperwork as its just short of six years ago and I wasnt expecting to have to keep paperwork that long - although I will be doing from now on....... so what do you suggest I do now????

[closeshave]

I have sent the prove it letter to Advtanis relating to a bill from a former address, this bill is from when i left and i paid it but i do not have proof that i paid it. Advantis have now sent me copies of all the bills from the time that i lived at the address including the last bill and say that i owe this amount. As i am no longer with the same bank and have no paperwork from then as it was October 2003 what do i do now. I understand I cannot CCA a utility company but surely I do not have to pay a bill i have already paid??? Is there anything else I can do? or are these people able to just carry on every so many years asking for the same debt over and over again?

 

PLEASE SOMEONE ADVISE ON WHAT TO DO NOW!!!!

[foolishgirl]

I guess you have already phoned the utility involved to check the last payment they have recorded. Advantis do not seem noted for accuracy.

 

However to prove payment if you think it was mad thro' your bank, you can apply to your previous bank for your statements from 2003. They may charge you per statement & it may be more economical to send a SAR (£10.00) specifically requesting copies from this time & any other data they may have on you. The template is here:

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-

 

All records should be kept for a minimum of 6 years from the date of closure of your account so don't let the bank fob you off.

[closeshave]

Thanks Foolishgirl

 

It was not made through the bank i am pretty sure i paid cash at the post office with a giro thing off the bottom of the bill. I could kick myself now for not keeping the receipt that they give you at the PO. I am really really fed up and bloody annoyed. What is my next step? This happened not too long after me originally paying this and i explained to the utility company that i had paid it and the woman on the phone said she would sort it out for me. As i never heard anything else I presume she had done just that. Now I have received this....... Is there a letter or anything else I can send to Advantis saying no this is not my debt!!!! I do not owe this...

[foolishgirl]

You could write back:

'I do not acknowledge this debt. Final payment was made to xxxx in MM/YY. I suggest you refer it back to your client'

 

In the meantime, phone the utility & play stink - it may or may not get you anywhere. Without proof of payment you've got an uphill battle.

[closeshave]

I have now received a letter dated 10 Aug from Advantis again - address to myself in my maiden name and my husband - it woudl appear that they have totally ignored my other letters to them saying i do not acknowledge the debt and this is as if it is a new letter. They say they have been instructed by their client blah blah blah that I have 10 days to contact them from the date of the letter or failure to do this will result in further action being taken...... so do i send the prove it letter again.... then get copies of the bills again ...... then send the I do not acknowledge this debt letter........ again.... or do i ignore and wait and see what i get next??????

 

help please...