@npowerhelp Newbie asks help again: BCW and Npower send meaningless "proof" of debt.

[86.dll]

Hi everybody, I’m posting here the latest updates about my problem with Buchanan Clark & Wells.

Couple of years ago, I stayed in a flat in London for about six months and a half, always paying all my gas bills from the beginning. Now BCW says that I have to pay £280 for unpaid gas bills, for the supply period that goes from 01/12/2006 (the day I moved in the flat) to 04/08/2009 (despite the fact that I moved out of the flat on 16/06/2007!).

So:

1) they are saying that I never paid a single gas bill (for the period of time in which I was actually there, 01/12/2006 to 16/06/2007) and

2) they want me to pay for more than 2 years that I wasn’t in the flat anymore (from 16/06/2007 to 04/08/2009).

 

(Here’s the link to my first topic, which explains the beginning of the story in more detail)

 

Anyway, the people of the forum explained to me that the best thing to do was to send a “prove it” letter, so I did, and now they sent me this document that it’s supposed to prove my debt.

 

I don’t see how this thing can prove that I was using their gas for 2 years after I moved out, or that I never paid my bills for the six months that I was actually there.

But I’m not sure of how things work, so I wanna ask the people on the forum if they think that this document they sent me is enough to prove that I owe them money.

Also, on all the documents I received from BCW and Npower, one letter of my surname is wrong, could I use this to just say that this person is not me?

Or, what happens if I just completely ignore them from now on and don’t take any action?

Edited October 28, 2009 by 86.dll

[Huff&Puff]

What happens if you ignore the fools is that they will send you another letter every couple of months or so. Usually threatning all kind of terrible things will happen. Don't worry, none of their threats are real.

[86.dll]

Hi Huff&Puff, glad you are still following me in this.

 

What I'm thinking to do now is to send another letter with recorded delivery and let them know at this point that I left the flat more than two years ago, and that they are asking me to pay for the time in which I wasn't there.

I will also mention that sending this pseudo gas bill now doesn't mean anything, and it doesn't prove I was in the flat using their gas for the last two years.

If after this they keep sending me letters, I will ignore them I guess.. but can't they take me to court if I do like this? I'd really prefer to avoid that!

 

Also, again, can I just play on the fact that my surname is wrong on their documents? (there is only the surname, not the name, and that has one letter different from the actual one)

[Huff&Puff]

You won't get anywhere by arguing with them.

 

 

• They cannot read
  
• Thy ignore whatever you have to say
  
• They don't care if you actually owe any debt, they just want your money
  

 

 

They can take you to court, but it's easy to fight them if they do. It is highly unlikely that they would though.

[86.dll]

Well I guess I will have to try and send this letter, so at least I will have done my part regardless of if they ignore it or not.

I'm desperatly trying to contact the agency that let the flat two years ago, so they can maybe write up some document that states that I left the flat in summer 2007, not two months ago. That would be a proof hard to ignore I think...

[Huff&Puff]

Except that you re doing all the hard work trying to prove that you do not owe the debt, when it is them that should be proving that you do. It just doesn't seem right

[86.dll]

True, but I would not know what else to do otherwise...

[Bazooka Boo]

If you left the flat two years ago and they have only just now asked you for payment toward this, whether it is yours or not,then you can safely say that they will be unable to get a single penny off you. They are only allowed to get payment from you if it is within 18 months of the final bill being sent, I will try and find the relevant thread where this is stated, but it is on here somewhere.

 

Boo;)

[86.dll]

That would be awesome!

I hope you find more about it!

That would be the end of the story!

[Bazooka Boo]

Ok not exactly what I was looking for, but just as good.

 

http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/139145-thank-you.html

 

Read through the above link. But for ease here it is cut from the website;

If a gas company has failed to send out a gas bill, they aren't allowed to bill you for any amount which dates back longer than a year.

Gas supply

 

 

The Billing Code;http://www.google.info/forums/showthread.php?t=1576

 

 

Boo;)

Edited October 29, 2009 by Bazooka Boo

[86.dll]

This is great news Boo, I'm really glad you found this old topic for me.

 

There is only one problem now: as according to them I was still living in the place in august 2009, they won't recognise that more than one year has passed and that they have therfore lost the right to claim any money over old bills. According to their clock, it has only been two months.

[Huff&Puff]

That is their problem. You have set out the situation for them, if they choose not to believe you, then it's up to them to prove otherwise. Which they won't be able to do. If they continu to harass you now that you have disputed the debt you can report them to Trading Standards. That usually shut them up.

[Bazooka Boo]

There is only one problem now: as according to them I was still living in the place in august 2009, they won't recognise that more than one year has passed and that they have therfore lost the right to claim any money over old bills. According to their clock, it has only been two months.

 

OK it still doesn't make you liable to pay for a Gas bill that isn't yours.

 

I take it that when you moved, you changed your bank details, ie. you informed them of your new address? You have other utility bills that you were liable for, showing the date from and too?

 

Again, none of that is really an issue for you, it just gives you peace of mind that you know that you have proof that you were never in that property until the date they claim.

 

As has already been said, it is up to them to prove that you do owe that money, and not for you to prove that you don't.

 

If your credit rating/score is something which matters to you then I would probably check it just to make sure they haven't added a marker on it, currently incorrect entries on peoples credit files can have damages claimed for, which stand at £1000 per incorrect entry:D

 

If nothing else, a simple short letter stating that you were not in the property from DD/MM/YYYY and that the bill has nothing to do with you, and you await their letter confirming that no further collection activity will be taken against yourself, should sufice.

 

If they write back saying you have to prove it, then again, it is for them to prove that you were living there when they say you were.

 

Ofgem

[spamheed]

The bill proves nothing.

 

I received seven bills in the one month all with different amounts ranginf from them owing me £500 to me owing them £1400, all based on their estimated bills - I don't think I have to tell you which way they went with the amount owing.

 

None of the usual CCA arguments apply and to be honest the 12 month rule on bills would be a very long shot as they seem very flexible with their dates

 

Make sure you keep your complaints in writing, don't even consider phoning their call centre, they will tell you it's been escalated when it hasn't promise you callbacks which don't happen and generally just try to pi$$ you off into paying them

 

I would suggest that you go through their (Npowers) complaints procedure to completion and then request NPowers final word on this matter. then go to the ombudsman, it's the one thing that seems to phase NPower, They settled on the morning the Ombudsman contacted them about my account.

[Bazooka Boo]

Certainly as Spamheed says, you will need to use and exhaust their own internal complaints procedure before most other organisations will want to take a look.

 

Hopwfully by the time you have exhusted their own internbal complaints procedure they will come to realise, you aint budging and they are wrong!

[86.dll]

Thanks a lot guys, I'll keep updated if I hear from them again after sending my letter.