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securityinstaller

Reaclaimed Direct Debits getting nasty....

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Here is a headache if ever.... Direct Debits made out in a company name. House is mid terraced with two kids. Gets Direct Debit forms and they have been altered after being sent. (This also could be fraud) (1) Breaches Direct Debit Guarantee (2) Breaches Contract as contract altered after sending.

Company warned to invoice person who entered into contract then found out contract for Gas and Electric not persons signature proven by passport.

Re-claims Direct Debits for two years. (After many months of emails letters sent by RP etc and also proven to be sent over the counter.

Company leaves threats on voicemail “we will do this that and the other win and claim costs.” Called and spoke to them did not address any of the issues just wanted their money.

(Also texted our daughter about the debt who ran away feeling guilty and that she had ran up a big phone bill on her mobile.)

Told them to put it in writing and they have not done. (Breach of the Utilities Act.) Calls in debt collectors 1. Letter dated 1st of July. (No way they could have sent out statutory letter and admitted to “not sending letters” to Consumer Focus. DC1 told in legal contest called and caught on CCTV knocking at neighbours door (heard as well.) They gave up after telling them legally contested.

Debt Collectors 2 send out two letters dated the same day August 4th“after writing to you several times” and “calling” (They could not have sent several letters and CCTV proves they have not called.) Hence they have not complied with regulations. In Court 24th for pre-payment / disconnection. In company name not person who is named on the contract.

Thing is we know this company has not done what they should have done and can prove it.

Company should not be invoking debt collectors as legal claim.

They even stated wrongly that they could not get the DD’s back as they were done over the telephone (Lied to Consumer Focus.) BACS said rubbish and in right to claim back DD’s.

Want to get matter sorted but company has fettered every legal right under the Sun so far including ignoring requests for letters documents etc.

ICO involved EO and CF. I know there is deemed contract for use BUT person has never been invoiced in their name.

Find in general dealing with the above I appear to know more than they do. Breach of the Data Protection Act and Statutory Obligations let alone all the others including the malicious communications act.

Any good ideas on how to handle the Court Case? That’s if it goes ahead?

Regards SS

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Guest Old_andrew2018

Bump

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Sorry but what does "bump" mean?

 

it's a nudge for help from any body with input in relation to the post in question.


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I did not follow parts of your post in particular the beginning I found difficult to follow.

 

You mention a deemed contract, which usually means you moved into a new property and you are stuck with a bill from the current supplier (even if you change supplier) for 28 days.

 

Yet in other parts of your post it sounds as thought you have been getting billed by a supplier on the basis of a contract which was not signed by yourself.

 

Please can you clarify these details and I can try to advise. If it is a home move situation I believe you will be liable for the usage. If not then you need to complain about this to the company.

 

However even if they return the supply to whomever it was with before then THEY would bill you from the reading it left on. However if this is what happened I'd definately go through thier complaints procedure and to the Ombudsmen.

 

Ok so I need to know

 

was it a home move or change of supplier situation?

Why have you reclaimed the Direct Debits? There will be some usage to pay for in this period to somebody.

It is unclear what you mean by "Gets Direct Debit forms and they have been altered after being sent", could you elaborate?

Any timescale for this? Why did this go on for two years?

 

I may have more questions but this basic info will help.


The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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Domestic premises being billed in company name of "ABC" (And this is not even right.) Direct Debits were reclaimed as they were invalid. (If they were the company could have just got them back.) So who should pay the bill "ABC" which you may as well invoice the dog as at least that is a living being! The Company concerned refused to alter "invoices" to the account holders name. Quote who should pay the bill "person named on the bill" On the contract has Name (not the persons signature.) And NOT on the bill as a company name but NOT correct HMRC sole trade should be Mr A.N.Other T/A "ABC" Anyway business has nothing to do with domestic supply.

The company concerned is in breach of the U ACT 2000 as not sent out letters required and also statutory letters. Left voicemail message with threats on PDA (transferred to PC to disk) ICO on the case as are CF and EO (But these are not very good.)

 

Company calls in DCA 1 who call 8th July texted account in dispute and they sent case back to company. New DCA2 "Supposed to have called on the Monday 13th" only a few days after DCA1 threw case back.

Said I called the guy and was nasty to him. CCTV proves guy did not call and I did not speak to him.

They have applied for warrant under company name BUT they have been served with a CCA letter are in default and DCA2 now know this but are being persistent.

Here is the interesting thing. I am seperated from my wife have a small flat down the road and spend a lot of time at the house doing bits. As I cannot work from the flat use cellar as store and workshop. (My use would be 0.00001%!) As dont do many repairs.

Of course DCA2 have latched onto my name.

No statutory letters sent and no awnsers to any of the issues company knows about.

From basic licence terms they have to invoice the person who signed the contract (signature forged and proven alibi seriously ill in hospital) but have not been doing that. Technicaly speaking they have been invoicing me although incorrect.

Problem Direct Debits and the fact they could not get them back proves invoices were wrong (they made an excuse that they could not do this as made over the telephone which is rubbish according to BACS)

Company refusing to invocie correct person or even person who would be deemed to be in contract also they are trying to take back the "debt" for more than a year.

Also because of the DD refund added 10% non DD "penalty"

 

Confused so is everyone. Even the EO stated "you have made a great effort to resolve the issues."

 

DCA2 sent another letter by Signed For Post although not got this yet although they have been notfied they cannot enforce the debt.

 

As to usage it is not a case of not wanting to pay or get out of paying.

 

Here is the most serious point though. If I went bust then all the utilities would get cut off as a business. But domesetic premises with vulnerable Mother on low income and two children.

As to business now a "domestic account" but have them on recording being abusive threatening and others.

breaches include DPA, Malicous Comunnications Act and more.

Also breach of licence terms and conditions.

 

There has been suspcions about what they were doing but my wife got fobbed off. She has asked me to stay due to the threats although these were made to me, and I asurred her that I can see through the CCTV so not to worry.

 

Going to be fun fighting the warrant especailly when the Mags see who is being billed (oh and they are not even VAT invoices which company could not pay!)

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