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Guest alderney1965dk

**URGENT** Me Vs PastDue & nPower

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Guest alderney1965dk

Hi all

 

Need real help on this one if possible, I am trying to help out my partner on this one as it is her debt but due to ill health & disability she is unable to fight like me:mad:

 

Anyway we got another letter from Past Due Credit Solutions in regards to a debt owed to nPower from before we moved and chose another fuel provider, anyway, we admit that we may have had a debt with nPower and whilst we were living at our previous address we decided to have one of those token meters installed to pay for the electric as we used it and also pay off any outstanding arrears.

 

We then moved on after the majority of the arrears were paid. But now we are recieving letters to the amount of £400+, the original debt was not that much and by the time we moved in May 2008, the amount owed was even less.

 

Moorcroft originally owned the debt or so they said as no CCA was produced even though we sent the letter and postal order, but they came back saying that they were no longer dealing with the case and had passed the debt back to nPower, who have now passed it on to Past Due Credit Solutions, the letter we recieved this morning was in red letters saying NOTICE OF IMPENDING COURT ACTION and wording such as CCJ, Public Records of the Courts, Officers of the Courts seizing my assets. and Attachment of earnings

 

My partner is only receiving Incapacity Benefit and D.L.A due to recieving 2 strokes and a brain heamorraghe so this is the last thing she needs and if so if a court officer does call, then unfortunately my house will be last one he does call at using his own legs.

 

Any help would be grateful as to where we go next.

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A CCA is of no use for this type of debt. By the sound of it the DCAs have been adding their charges so send them this first; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

The onus is on them to prove a debt exists & they are entitled to collect.


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There is no CCA for an electricity bill - it is not credit but a bill for a utility. You should ask nPower for statements so you can see how the bill is made up. DCAs are not allowed to add charges. The letter you received is just a standard threatogram - they cannot do any of the things in their letter without a court order. Nor can anyone come to your door without your permission as they would be trespassing. Taking their legs off is not recommended but you can tell them they have 30 seconds to get off your premises or you will call the police. Once you have checked what the bill is and have confirmation it is yours, you can work out how much you can pay them on a monthly basis. No court would order you to pay more than you can afford, no matter how little it is.

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Although utility accounts are not subject to a credit agreement, utility companies do need a credit license to function, and some have come close to loosing theirs.

 

I don't think a reference to their fitness to hold one in any contact could hurt.

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