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EDF debt - BCW want Financial Statement - advice please


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Hi all, I am trying to get a DCA to accept £10 a month until I can pay them more.

 

 

I have already started to pay this amount but they have been sulking and threatening me because it is not a 'firm arrangement'.

 

 

After a strongly worded letter they have sent me a financial statement for me to fill in and I have a couple of questions...

 

1-Is it in my best interests to fill in the financial statement?

2-I have unsecured loans and credit cards(all up to date). Will they take payments to these into account or just see them as 'more in the pot to share'?

3-The DCA have also requested proof of income (pay slips, benefit books etc..) Should I provide these?

4-In any case, If they refuse my offer, and I keep paying, What are the chances they'd still take me to court?

 

Im not trying to get out of paying what I owe. I just need some time to clear some other bills.

 

Thanks for reading. Paul.

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Hi all, I am trying to get a DCA to accept £10 a month until I can pay them more. I have already started to pay this amount but they have been sulking and threatening me because it is not a 'firm arrangement'. After a strongly worded letter they have sent me a financial statement for me to fill in and I have a couple of questions...

Do you know for sure this DCA is legally entitled to collect any money from you

1-Is it in my best interests to fill in the financial statement?

Only a Court is entitled to this info and some have said before the more the DCA knows the more they can get at you

2-I have unsecured loans and credit cards(all up to date). Will they take payments to these into account or just see them as 'more in the pot to share'?

Your other out goings are nothing to do with them

3-The DCA have also requested proof of income (pay slips, benefit books etc..) Should I provide these?

Again . . nothing to do with them

4-In any case, If they refuse my offer, and I keep paying, What are the chances they'd still take me to court?

They would look pretty stupid plus the Judge would take your payments into account and question why the matter is before them

Im not trying to get out of paying what I owe. I just need some time to clear some other bills.

 

Thanks for reading. Paul.

If you're making these paymemts by Direct Debit CANCEL the DD immediately as the DCA can vary the amount, pay by Standing Order or PO

 

It's you who decides how much to pay NOT the DCA so don't let them bully you but as above do you have proof that said DCA is legally entitled to act because if they're not every penny you give is making them richer and not necessarily doing you any favours

More help and advice will follow from those with more knowledge

Good luck

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

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Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Thanks for the quick reply. I'd just be terrified to go to court. I don't know if they are legally entitled but it 'is' my debt. It's for an old utility bill if that helps. Maybe I'm just too honest. lol. I have been paying by cheque. I have requested their details so I can set up a standing order but any request I make is ignored. Thanks again. You have put my mind at ease. Paul

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Hi Paul

Stop sending cheques as the DCA will have all the info they need to set up a DD behind your back (Account number/Branch & Sort Code)

There are Caggers on here that know about dealing with Utility Bills and you will get some great help and support but if I were you I'd hold any further payments back until it's established that the DCA has the right to collect or just send a token payment of £1 by PO as they can't be bothered to give you their details for a Standing Order, might pee them off a bit but at least you're showing willing :biggrin1:

Have you tried to come to an arrangemnt with the original Utility Company as that could be another route to explore

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Wow! would they really take bank details from a cheque??? That is evil! What about using their website to make a card payment. Would that be risky too? I really don't want to provoke them if possible. I don't want to go to court. I will definatly be writing to the utility company to see if I can sort something out with them. I never thought of doing that. Thank you. Paul.

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Wow! would they really take bank details from a cheque??? That is evil! What about using their website to make a card payment. Would that be risky too? I really don't want to provoke them if possible. I don't want to go to court. I will definatly be writing to the utility company to see if I can sort something out with them. I never thought of doing that. Thank you. Paul.

 

 

They're not taking the deatils Paul you're handing them over on a plate and there are many on here cynical enough to wonder what they might "Accidently" do with such details

As I see it this situation is a long long way from going to Court so don't worry about that and as for "Provoking" them all you're doing is trying to gather info as to everyones right re paying and yes it is you're right to know

Take a step back send your letter to the Utility Company,ask for as much info as you can including if they've sold the debt on or just getting the DCA to act for them

I'm sure someone here will have a good idea on how to word such a letter or suggest an even better course of action

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Revenant, thank you so much. I really would like some help in wording such a letter. I feel my eyes opening...

 

 

Welome to CAG Paul

DCA's rely on the fact that people do not know their rights and will in general try every trick under the sun and some more to get as much money as they can

As you're coming to understand their biggest weapon is fear but DCA's have no power

As you wait for more advice try to have a look at some other threads about Utility companies and how others dealt with them (Use the search facility)

Enjoy the rest of your evening and don't worry

R

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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To re-iterate no debt collector (or anyone else) is entitled to see your income and expenditure, other outgoings, proof of any of these or personal details, only a court can request these.

 

You must tell them that you have looked at your income and expenditure and have taken advice (CAB, National Debtline etc do leaflets on this) and you can only offer them xxxx. They know that if they take you to court a judge is more than likely to be in support of you not them.

 

You also need to look at if this debt is enforcable and you will probably need to give us more details about it.

 

Who is the DCA out of interest?.

Please support CAG and they will support you.

donate

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The DCA is Buchanan Clarke and Wells, the utility company is EDF. The amount is £1200. About 12 months ago EDF sent me a gas bill for over £2500! Apparently because my previous bill was estimated. They forced me to have a pre pay meter etc.. Anyway, I moved house about 8 months back (I did write to inform EDF) and I heard nothing until last month from BCW. But now the amount is 'only' £1200. None of this makes any sense. I'm just trying to get along in life then suddenly my wife and I are plunged into a world of fear and threats. :(

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Right, a couple of points here:

 

Firstly, have you actually checked that the amount is correct, have you requested this information from the utility company as to how the amount was calculated, if not, then do so now.

 

You can send BCW a letter telling them that the account is in dispute until you have proof of how the amount was calculated, and also that BCW have the right to collect it.

 

If you have recently moved, be very wary of BCW issuing Court Proceedings through your old address, if this happens, there is much help available here.

 

Alternatively, you can send the following to BCW - as has already been said, they would look mighty silly going to Court when you are already paying! You can always amend the letter to show a figure for payment that you are comfortable with.

 

This is what I always send:

 

 

Dear 'good friend'

 

I acknowledge receipt of your letter of *************** with enclosed form.

 

I have been advised that this 'personal' information is just that - personal. However, following your request, I obtained a Court orientated Income and Expenditure Form which I understand only a Court and/or Judge can legally have access to, and filled in the details required therein.

 

Following the revelations about my financial status that completing this form brought to light, I would like to thank you for pointing me in the right direction.

 

From this information it is obvious that I have no disposable income at this present time. It has been suggested that following discovery of this situation that a County Court Judge, would, in all probability Order that I can afford no more that £1 per month to each and all debtors, which of course includes yourselves.

 

If you would now kindly send me details in order that I can set up a Standing Order in this amount, I would be grateful.

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I went through confirming the amount at my old address. EDF 'assured' me the amount was correct for my meter reading and that the high amount was due to an estimated reading for the previous quarter so I don't think I'd get a different response now. Infact, it has dropped from £2500 to £1200 and I don't want to inform EDF that they made a mistake. But the letter looks perfect. Thank you. I actually have filled in a budget sheet just for my own info and I really can only afford about 10 quid a month. If I had the full amount I'd happily give it to them.

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Okay, I'm going to send the letter today. Should I send one to EDF as well or would it be better to deal with one at a time?

 

Also, I have been reading through the posts here and I am appalled with what these companys do to to people. I received a solicitors letter last month regarding this debt. I googled the name (geoffrey parker bourne) and came up with a result 'solicitors from hell'. We were scared out of our wits. Now I have read that this can be another scare tactic from the DCA so last night I went through all of their letters. The solicitors letter does indeed look identical to every other letter from BCW with the exception that BCW is removed and GPB has replaced it. Like it has just been pasted on (complete with a noose type emblem that takes up a quarter of the page. nice.) You can see a difference in print quality compared to the rest of the letter. After reading it again one line should have been a dead give away-'We are not instructed to correspond with you'. lol! Oh dear, I wish I had found CAG a lot sooner.

Paul

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http://www.energy-retail.org.uk/AbouttheCode.html

 

Have a read of the link above, and as for EDF energy, you should start a formal complaint with them, look to Ofgem for some advice also;

http://www.ofgem.gov.uk/Consumers/Pages/Consumer.aspx

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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A quick update on this one. BCW have kept banging on about a 'firm arrangement'. Every letter I have sent to them I have asked them to accept £10 a month and to confirm this as a 'firm arrangement' and send me their details so I can set up a DD/SO. I sent a cheque with another letter last week. (I know now that a SO is much safer for me.) Todays post...

 

 

Dear MR XXXXXXXXXX

 

Thank you for your payment received 04/10/2010 in the sum of £10.00.

 

Upon reviewing your file we note that you have no current arrangement to pay the remaining balance on your account. Can you please contact 0844 571 4070 to resolve this as a matter of urgency.

 

Yours faithfully,

Curly, Larry & Mo

 

Do they bother reading our letters? I've offered this as an arrangement about fifteen times now. Or maybe they are running out of their 'template' threats. The letter is dated 6th Oct so they wouldn't have the letter I last sent, the one suggested by harrased senior.

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Dear Plonkers, Until you show me the courtesy of actually reading any of my letters to you, I am unable to correspond with you further.

 

In an effort to obtain a senisibe response from you, in the the place of your template threat letters, I will be sending this final response by Recorded Delivery.

 

I have made an offer which you have refused to accept. Ths will be my complete defence should you consider taking the threatened legal route.

 

For your further information, I will be invoicing you the sum of £30 per response to cover my costs and disbursements in any future, non-personalised correspondence.

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I do feel like ignoring them like bazooka suggested but i'd feel like I was stooping to their level. And it would help if I could get hold of their details and set up a SO but seems ridiculous that I should need to find their details elsewhere. And I'm not sending cheques any more so they are quickly heading towards a £1 PO a month. I was going to put a letter together along the lines of 'the reason their is no arrangement is because you have ignored my offer and failed to send me you details'. But the dear plonkers letter will do just fine. I'm going to add on to the letter my offer one more time. Maybe I'll highlight some keywords in bold and in red. They seem to think that will work on me!

 

Harrassed senior, am I really permited to invoice them for my correspondence or is this just intended to get them to sit up and listen? I'd love to send them a demand! I had so much worry and sleepless nights over this not long ago so thanks again to eveyrone who has offered their advice. My two young kids wouldn't be having much fun this christmas if it wasn't for all your help.

Paul

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Too late now, but I'll give them a bell tomorrow, see if they won't give me their bank details over the phone, although I expect some phone drone to give me "We can't do that it's against the data protection act!" if you just give me your details.........yeah really!!!!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 4 weeks later...

Well, they have sent me the exact same letter again today. No threats or anything. Just 'Upon reviewing your file we note that you have no current arrangement to pay etc..' Completely ingnorant. I'm just at a loss. What do I do if they can't/won't read? Just been through all the letters they have sent to me (Enough to destroy a small forest!). I noticed they sent me a final notice in June!

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Have you made a formal complaint to them yet? If not, do so, then exhaust it, the letters you have been receiving are simply generated by a computer and the only human input it will have had is off your postman putting it through your letterbox.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 weeks later...

Hi. I've had no threats for quite a while now. They just wait for my payment then send the same letter asking me to contact them. I'm quite happy really. I'm paying what I want and they are leaving me alone. Still don't have a Standing Order with them though. Gonna start sending payments second class as a kind of peaceful protest.

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Are you paying by cheque?

A SO is defo much more preferable, but I certainly commend the use of 2nd class postage, in fact I will often send DCA's letters 2nd class. just the important ones get 1st recorded.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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