I CAN'T BELIEVE THIS! (Newbie vs BCW - again!)

[86.dll]

Ok, so, to quickly recap up to this point:

 

1) Buchanan Clark & Wells asks me £280 pound for two years (2007-2009) of unpaid gas bills, but I was not in the flat any longer since 2007.

 

2) I send them the "prove it" letter, as you guys of this forum suggested me to do.

 

3) They ignore my letter and start threatening me with Legal Actions, saying that I made no attempt to contact them.

 

4) I send them the "prove it" letter AGAIN, this time with RECORDED DELIVERY.

 

5) They send me back the copy of a meaningless gas estimate with my name on it, which is their "proof" of my liability. You can see it here.

 

6) I send them another letter by RECORDED DELIVERY, stating that I no longer was in the flat for the period they want me to pay the gas for. To prove this I attach two documents: the Tenancy Agreement that I signed upon entering a new flat in 2007 and a bank statement of that period that shows my new address.

I also point out that a simple gas meter reading with somebody's name on it does not prove that they were present at that particular property at that time, and it does not make them liable to pay anything.

And, as you guys on this forum showed me, I also pointed out that a gas company cannot bill for any amount which dates back longer than a year.

 

(If you guys wanna see my whole reply, I can post it)

 

7) Today I find another reply from them saying again that, AS A CONSEQUENCE OF MY FAILURE TO CONTACT THEM, they are ready to prepare documents for the Issue of a Claim against me in COURT. They say they will also proceed with a PERSONAL VISITATION by a DEBT INVESTIGATION OFFICER to my house.

 

 

These guys even ignored my RECORDED DELIVERY letter with all the proof that I wasn't in their damn flat anymore! They just keep going and going without listening to anything at all!! I seriously don't know what I can do more than this. I'm just so angry at them, asking me £280 pounds and harassing me, and when I send them proof that I don't have to pay a cent, they keep ignoring me and threatening me with all these legal actions!!!

 

You guys tell me what I'm supposed to do now, because I really don't know anymore.

 

(By the way: thanks for the help so far!)

Edited November 27, 2009 by 86.dll
edit because of bypassing swear filter.

[Bazooka Boo]

Send them a letter via recorded delivery, of all the dates you will be available to go to court, tell them that you gladly welcome seeing them in court and will be extremely grateful of some of their money they will have to pay you in damages for their neolithic incompetence.

 

Complete and utter morons!

[86.dll]

Hi Boo, thanks for your very quick reply, but to be honest, I don't really wanna go in court, even if I'm right! I don't have any experience in any kind of legal thing. I would just be an easy prey I think. Plus, I'm Italian, my English is ok but with all the technical words used in this business, I'm sure I wouldn't even be able to understand what's going on!

[Bazooka Boo]

Not too worry, I was being rather flippant, sorry!

 

So a bit more constructive advise for you, for the threat of a door step collector you should print off the following link, and use the advise given;

Give them the template letter linked below through the letterbox or chained door.

 

http://www.consumerforums.com/resour...ep-visit-.html

 

Tell them to leave as you have nothing to discuss and all communication must be in writing.

 

Tell them you will call the police if they don't leave immediately.

 

Remain calm and polite at all times.

 

Walk away from the door so the visitor cannot try and talk to you.

 

If they don't leave, call the police to report that you are being harassed and the visitor refuses to leave.

 

You can either send them a copy of the letter, or just keep one by your front door, IF and it is a very big IF they do decide to send a stranger round.

 

Personally I would tell them to send you a copy of their complaints procedure, and then follow it through to it's conclusion, where you will be able to escalate your complaint to the Financial Ombudsman, Just had a quick look on their website, and apart from blowing smoke up their own, there is nothing where you are able to raise a complaint.

 

We take our responsibilities seriously

 

I can't believe your still having aggro over this!

Have you lodged a formal complaint with Ofgem Home

If not do it this weekend.

[86.dll]

Sorry for the delayed reply Boo, I just really had to go to eat something.

 

Anyway, thanks for the link to the letter, I will print it, however, I just rent a room in a house, I don't have a place completely on my own. The point is that, if somebody shows up and just asks about me, the couple that has their room right next to the front door might just let the person in and send them to me. (I'll try to tell them not to even if they are unbelievably unfriendly!)

 

Oh, and I checked the BCW link "We take our responsibilities seriously", and if you actually click on the "here" of "We have signed up to the requirements contained within the Credit Services Association code of conduct, which can be viewed here", the browsers gives Error 404, Page not Found! I guess that already shows how seriously they take their responsibilities.

[Huff&Puff]

Report them to Trading Standards and the OFT, they should not be chasing a debt that is in dispute. Enclose copies of all the correspondence so far. That will often be all you need to do to make them go away.

[Bazooka Boo]

It is rare anyone will just turn up and collect your door step, but if they do and are let into the property, when you open your door, you simply tell them to go away as you have nothing to say to them, and all correspondence must be in writing, and shut the door.

 

It really does depend on how well you get on with other couple, and whether you tell them or not, the other alternative is to simply tell your friends that if they are coming round to visit to ring you first so that you are expecting them, and tell the couple under no circumstances should they allow anyone in that asks for you.

[86.dll]

Well now, this is weird. I just found today another letter from BCW. This one is of the 19th November, yesterday's one was 25th November. I don't know why I found this one only now. Anyway, this is what it says.. it doesn't make much sense for me:

 

"I write with regard to your recent communication concerning the above account and would advise that I require further information to show that you are not liable for this debt.

 

Please provide a copy of the tenancy agreement relating to your stay at [...]. This should include documentation confirming the date you left the property and the meter readings at the start and end of your tenancy.

 

If you let the property to another party we require a copy of the agreement, the meter readings and evidence of when the tenancy ended. If you are acting for the owner of the property we also require evidence that you are acting in this capacity for the owner.

 

If the property was privately owned we will need documentation showing the date the property was sold and the meter readings at the time.

 

If no meter readings are supplied the client may need to estimate the final bill."

 

...

Now, what does it mean that they advise that they require further information to show me that I am not liable for this debt?

And they want my tenancy agreement for the saying at that flat, but I don't have it anymore.. and I don't even think that tenancy agreement included the day I left the flat on it.

Regarding the meter readings, we never had any, we just paid the bills.

I don't understand what they mean by "acting for the owner", but I wasn't the owner, neither I acted for them, so I guess that part just doesn't apply to me...

 

So essentially, they want my tenancy agreement, and I don't have it. Oh, and they advise that they require further information to show me that I am not liable for this debt. Whatever that means.

[postggj]

give them nothing

 

you have disputed the debt

 

its down to them to proove otherwise

 

they have to show you are liable

not the other way round

[Bazooka Boo]

Yes Agreed, it is BCW who have to prove to you, that there is indeed a debt, you do not have to show them anything to the contrary.

 

The account is in dispute, therefore continuing with collection activity is against the OFT debt collection guidelines, they are aware of this, so there is not a cat in hells chance of them ever taking you to court over this.

 

It is simply another case of you having corresponded with them, so now they are hopeful of extorting money from you.

 

Ignore them, file the letters under 'jokers' and spend your postage on complaining to the OFT, FOS, CSA, and you can also make a complaint to the Association of Credit Collection Professionals, which they are a part of;

How to File an Ethics Complaint - ACA International

[hungrybear]

Dare I say I think you are being too nice with them, which is seen as 'encouragement to harass' by their warped little brains. I had a similar situation with a DCA a couple of years ago.

 

They also know that you dont want to go to court which is why they keep threatening but never do. Write to them and simply say I have sent proof that I was not at that address after xx/xx/07 and that I have no liability in this matter. If you are not satisfied then I suggest you begin county court action which will at the very least allow me to use cpr 31.14 and cpr 18 to see what, if any, documentary evidence you have that there is even the slightest possibility that I owe you anything.

 

I will not respond to you threats again, nor will I be intimidated. It is for you to provide definitive legally enforceable proof that I have ANY matter I need to discuss with you. Until you provide such proof I will not respond again.

 

Any further communication without proof of a matter to discuss will be deemed harassment

 

I trust my position in this matter is now clear

 

- that's what I'd send

[Bazooka Boo]

- that's what I'd send

 

Attached to a brick, through their window:D:D