Help needed - E-ON/LCS DCA

[mogwai84]

Hi, second time typing this all out as the 1st post disappeared into cyberspace.

 

Below I've copied in a draft letter I've written, hopefully it will clearly explain my issue. Any help/strategy/suggestions would be greatly appreciated as this has come out of the blue and is stressing me out!

 

 

 

Customer Service Director,

E-ON,

Customer Service Centre,

PO Box 7750,

Nottingham,

NG1 6WR,

 

 

CC: LCS Debt Recovery

3 Leodis Court,

Leeds,

LS11 5JJ,

 

 

23rd June 2009

Dear Sir/Madam,

Regarding E-on Customer Reference xxxxx and LCS Case Number yyyyy

I have recently received two letters from LCS debt recovery company, who are claiming that there is an unpaid amount of £230.53 for utility used at my old address, [house A] between 04/11/2007 and 19/04/2009. A copy of this letter and contents has also been sent to LCS.

My tenancy at Furnace Hill ended on 03/09/2008 and the tenancy agency, Martin&Co Sheffield South sent E-ON a letter dated 02/09/2008 which included my electricity meter reading on that day at 01080. My previous meter reading was read by you on 16/01/2008 and was 00273. A gas meter reading was not included in the letter by Martin&Co but a bill contains a reading on 04/11/2007 of 4 and an estimation on 21/01/2008 of 16. For your information I have included copies of all bills (and receipts) I have on file, my moving in and moving out tenancy agreements, a copy of the letter sent by Martin & Co as mentioned above, as well as copies of the letters sent by LCS.

I would have expected a final bill to be sent to the my forwarding address as mentioned above, however I am sure I have not received anything to this address. This is backed up by the fact that LCS have contacted my parents address in Essex, not my current address. If the letter from Martin & Co was not received by you then this makes sense and I appreciate that there may be an outstanding amount due, however I must urge LCS to stop any legal proceedings as I cannot claim responsibility for this debt.

I have spoken on the phone to LCS and promised to provide records of bills, which are included. I expect a letter of response from LCS within 10 days to acknowledge receipt and to promise to halt legal proceedings whilst E-ON look into this.

I expect a letter of response from E-ON within 10 days after looking into my customer account and fully investigating the utility usage for when I was at [house A].

Looking forward to your response,

Yours sincerely,

 

mogwai84

 

 

 

 

 

 

 

 

if anyone has any thoughts that would be great. I've read about requesting CCA's but seeing as they haven't 'legally' threatened me from what i can see then that probably isn't necessary yet. Is it worth insisting that Martin&Co go and check the letter box at my old house for post, as i didn't set up "post forwarding" and it's likely there is a box full of bills.

 

 

Read through a lot of this site and it's all very useful, but this is all new to me so any help really REALLY appreciated!

 

 

*goes and carries on panicking!*

 

 

 

 

 

[dx100uk]

you can't cca a dca for a leccy bill, its not a consumer credit issue.

 

i would expect this to actually be a phishing letter.

 

now comes the interesting part.

 

if e-on did not bill you for the period in question then they cannot ask for anything back as such, as its more than 12mts since you left the property.

i as you, think you over them 'something' , p'haps that being what you have stated as the figure from the estimate to the figure of the martins letter?

 

'how' you prove they did not bill you, as you were not having mail fwded is a diff matter. if you told them of you new ad, then why did they not send one?

 

i wonder if you are still a customer of theirs? as a quick look online at their website would get you more info on what 'actually' is happening from their point of view.

 

pers, i'd errr on the side of this simply being a phishing trip by a dca after a mug to pay something they do not owe.

 

dx

[mogwai84]

thanks for your reply, it's very useful.

 

cheers about the CCA, with everything on here it get's a bit confusing when you don't really know what to do!

 

I can't see anything on E-on's website to check my bill/connection or whatever. would be useful if I could though. Just to clarify, it's not quite 12 months since I left. Like you say I think I owe them something, but doubt it's that much. I'll probably shorten my letter a bit and just send a copy of Martin&Co's letter and highlight that any correspondence should have come to my new address, which it hasn't.

 

Hopefully that'll sort it

[Undercover-Elsa]

Hi Mogwai,

If it was me I'd go with dx100uk on this 100%. Could well be a phishing trip.

Your letter will give them personal information about you which they have not yet demonstrated any right to have (and could possibly be used, by an unscrupulous company, to reinvent a bill which fits your circumstances!).

I'd personally just send them a "Prove it!" letter. It's their responsibity to prove you owe a debt, not vice versa. Here's the link, amend it to suit:

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

Stop panicking

Let us know what they send back, and keep your chin up

Elsa xx

[Undercover-Elsa]

PS Good job it wasn't a water bill or there'd be gremlins everywhere!

[zazen.warrior]

I suspect eon will effectively advise you they have sold on the debt and aren't interested. I think you should complain via Company Search to set your complaint on a more formal footing, it will also make it easier to escalate later if necessary.

 

As for the DCA I would send the prove it letter:

 

PROOVE IT LETTER

 

Dear Sir/Madam

 

Account number

 

you have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am 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 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 would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I 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.

 

If you do not understand this letter, you should seek qualified legal advice

 

I look forward to your reply.

 

Kind Regards

Edited June 24, 2009 by zazen.warrior

[mogwai84]

Thanks for the 'prove it' letter, I'll send that to LCS today. They already have my actual address and mobile number, and i mentioned my moving out date when i phoned them in a panic yesterday.

 

Should I send e-on a letter too, with the original moving out letter attached? or should i just deal with LCS?

[dx100uk]

no just send it to the dca for now

oh and stay off that phone!

never phone a dca,!!

do it all in writing.

 

dx

[mogwai84]

no just send it to the dca for now

oh and stay off that phone!

never phone a dca,!!

do it all in writing.

 

dx

cheers... yeah it was a moment of panic worrying that the bailiffs were on their way to my parents house. That was all before i found this excellent site.

 

Thanks

[dx100uk]

oh becareful here......

this is why we say never phone a dca.

 

there is certainly NO link between dca's and bailliffs!!

 

dca's have NO LEGAL POWERS, hence everything is:

if, but, might, maybe , could.

 

they rely on vailed threats.

 

bailliffs are sent by a court following legal proceedings.

 

you could become a DCA now if you wish!

its easy to write threatening letters

no licence required

 

dx

[mogwai84]

oh becareful here......

this is why we say never phone a dca.

 

there is certainly NO link between dca's and bailliffs!!

 

dca's have NO LEGAL POWERS, hence everything is:

if, but, might, maybe , could.

 

they rely on vailed threats.

 

bailliffs are sent by a court following legal proceedings.

 

you could become a DCA now if you wish!

its easy to write threatening letters

no licence required

 

dx

 

indeed, it's why I'm so pleased to have found this forum... the advice has been superb (and the 'be cheeky to a DCA' thread has had me in stitches). I feel much more relieved about this issue now.

[mogwai84]

sent off my "prove it" letter yesterday,

 

my mum just forwarded me another letter from them, offering a settlement with 20% knocked off the "debt". Is this normal? does this prove they're phishing?

 

bit strange really... hopefully i'll get a response from them soon

[Undercover-Elsa]

Hi Mogwai,

It's just standard practice..nice in one letter, nasty in the next

Elsa x

[mogwai84]

Hi Mogwai,

It's just standard practice..nice in one letter, nasty in the next

Elsa x

cheers, does it prove anything about their case though? it seems pretty desperate!

[mogwai84]

and now they've tried to ring me a few times

[clemma]

You can send them the telephone harassment letter - that should get them off your back. Until then, just ignore the phone - annoying, but the best you can do:

 

-HARASSMENT WARNING-

 

WARNING;PROTECTION FROM HARASSMENT ACT 1997;

 

WARNING; COMMUNICATIONS ACT 2003, S127.

 

TELEPHONE NUMBER

Re: Harassment by telephone

 

 

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

[andie_303]

is this LCS or ECS???

 

ECS is Eons - in house collection

[mogwai84]

is this LCS or ECS???

 

ECS is Eons - in house collection

 

LCS, based in Leeds.

[mogwai84]

just had a letter though, it's identical to the first letter they sent... saying they are investigating the supply blahblahblah and as I lived there they reckon I'm liable. It doesn't say anything new, it definitely doesn't prove it's my debt (anyone could have written that letter if they had my E-ON customer number)

[mogwai84]

and another identical letter.

 

in about a months time i'm moving house. do i:

 

1. inform LCS of my new address

 

2. pay to have post forwarded

 

3. do nothing

[dx100uk]

forwarding mail is up to you.

 

as for this saga, i still think its a phishing trip and worthy of ignorance, esp as they have specifically not replied to the prove it letter.

 

dx

[Undercover-Elsa]

Hi ,

I'd not inform them of my new address, but I'd have my mail forwarded, just to keep tabs on the pesky blighters..even though I'd still ignore and not worry or respond unless they prove it.

Elsa x

[mogwai84]

Hi ,

I'd not inform them of my new address, but I'd have my mail forwarded, just to keep tabs on the pesky blighters..even though I'd still ignore and not worry or respond unless they prove it.

Elsa x

 

thanks. I'll forward it for 3 months and see how it goes. they haven't proven anything (the only think 'proven' is my old address and my e-on customer number!), so i'll try not to worry for the moment.

[mogwai84]

and now i've just got a postcard saying they're going to pay me a visit sometime between the 3rd and 10th August. Should I do something about this?

[dx100uk]

usual crap

 

not mr green is it?

 

dx