resolvecall - court threat letter scottish power 'debt'

[dx100uk]

don't think stating a non owner in letters matters

 

only the owner [at that time] of the account can mark your file.

dx

[flexeh]

ah ok thanks dx that was another avenue i thought to question.

 

As for the signed bit to give them permission to give to a CRA is there anything i can request to see if i did / did not give permission?

[dx100uk]

it an automatic consent.

 

dx

[flexeh]

Cheers dx, any idea how long I should give then to respond to that email? And what would a follow up be? Basically a I haven't heard from you and as I'm putting more time into this each day past from now will result in 1 hour being added etc etc i give you 14 days to respond to my request if not i will be taking the matter further and then if nothing lba?

[dx100uk]

well the pep will get an alert each time anyone posts on this thread.

so have they ack'd they have got you email?

 

dx

[flexeh]

Pep?

 

I don't think experian are monitoring this so cant see.

 

And no not yet no acknowledgement from Tom at experian, he usual replies in a few days ,

 

i also did forward it to the main experian email as well and got a automated confirmation that said we aim to answer in 2 weeks

 

however Toms been replying sooner than that,

 

so shall just see what happens in 2 weeks as per auto email?

 

Or email Tom again and copy his boss in if not heard anything in a week?

[dx100uk]

sri I meant the Scottish power rep.

 

yes for the exp stuff

good idea

 

dx

[flexeh]

I've got no chance of anything from SP so my focus is over experian not investigating complaints properly and mishandling my data. And the nice letter head they provided saying its not our fault Scottish power gave us the update in dec 12. And then telling me whoops they did send it us oct 2011

[flexeh]

ah just so you guys know what was said in the covering letter from Experian, please see attachment

 

i know they will probs contest any action by highlighting the bit "data available to us."

 

however my counter argument is a few weeks afterwards you were able to fully ascertain that SP did in fact send you the data when they claim. so therefore that data was available to you too but the whole complaint was not investigated properly.

[flexeh]

Right then

 

Had a responce from Experian about what ive requested to make things right

Just means i got to pull out itemised billing and count up all the emails and how many pages each sar was i scanned etc etc

 

What you think?

 

04/07/2013

 

Dear Steven

 

I just thought I would send you a confirmation of receipt of your e-mail on 27 June 2013. Thank you very much for providing me with what you would like for us to resolve this for you, it is much appreciated.

 

We are currently in the process in considering your request and I can assure you that I will be in contact in due course with our response. In the meantime, it would be very helpful if you could provide me with a breakdown of the 74 hours spent on this matter to date.

 

I in no way doubt the amount of time you have taken in your attempts to get to the bottom of this issue, as I am myself aware how much time this has taken from our side, but we will need more detail in regard to this as we need to be able justify compensation amounts being paid, particularly where time taken is concerned.

 

If you could provide this to me whenever is convenient for you, it would most appreciated.

 

Kind Regards

 

Thomas Doidge

Customer Relations Consultant

Experian Ltd

[Durkin]

Yes Flex,

 

In response to your PM, I'm taking HFC to the Supreme Court next year. I'm surprised I'm still alive with the amount of stress I've had to deal with.

 

I think it's a good sign that they've asked for a breakdown. Just write what you feel even if it's 1 hour per e-mail.

 

Be sure to add hours for compiling the breakdown!

 

Remember that there are still plenty of lawyers that don't bother with breakdowns yet charge a fortune.

 

A 5 minute call for example can be put in as hour possibly as you've had to prepare for what you're going to say?

 

Others on here, for sure, are experienced at this and can advise.

 

It seems though that Experian just need something for their records and they'll not have too much problem compensating you.

 

Don't spend too long worrying about this. Stress is bad. It seems like things are going your way though. Well done.

 

Cheers,

 

Richard.

Edited July 5, 2013 by Durkin
Spelling

[flexeh]

Cheers Durkin, i requested my itemised bills and have compiled my full breakdown of time, just need my last bill. The reason so, is i jotted down calls saying 10 mins etc, however they were 9:01 etc so ive listed the true times of the calls, and the notes i took etc. As for the emails i didnt know if i could include time to draft emails etc but im glad you advised me of some things in the previous post as i know i can include now.

 

Right the reason im back again is i think ive found something quite important in my SAR from Scottish Power which i overlooked. 2 Bills.

 

Please look at the 2 attached PDF's of Bills.

 

One is dated 26/05/11 for supply period of 01/03/11 until 25/05/11 - Which is an Actual Reading provided by myself on the 26/05/11 (the day i moved out, and i called SP with the FINAL reading )n. - so as far as im concerned the amount on there is what was owed and as they have based it on the readings i have given.

 

The other is dated 31/05/11 for supply Period 26/05/11 until 29/05/11 - i had already left the premesis however they state the usage as £84.86. Also on this bill it states payment recieved 31/05/11 of £110

 

So as i wasnt living there from 26/05 and i paid £110 the balance would be £639.70 as stated at the top of the bill (account balance).

 

So they are billing me for when i was not there....so that means the amount on the default is not Correct due to charging me estimated bill after i moved

 

So anyone have any input on this?

 

dx100uk what you think mate?

 

Cheers

[ATTACH=CONFIG]45051[/ATTACH]

 

[ATTACH=CONFIG]45052[/ATTACH]

Edited July 7, 2013 by flexeh

[ScottishPower Company Rep]

Flex

 

The Bill you have posted 1004 was cancelled and replaced. I will send you an e-mail to explain. I hope that will help.

 

David

[flexeh]

Flex

 

The Bill you have posted 1004 was cancelled and replaced. I will send you an e-mail to explain. I hope that will help.

 

David

 

I've not yet received your email David

[ScottishPower Company Rep]

Flex I have now sent an e-mail.

 

David

[flexeh]

quick question Dx, as its still on going, ive got a email with SP im waiting a responce on, and experian are currently in meetings about my case. i just wanted to know ius this next statement true? found it on MSE

 

 

 

Negotiate with the lender. If you're prepared to settle the debt, either in part or in full, then you can negotiate with whoever you owe the money to. You can also make a condition of settlement that the default is wiped off your credit file. Companies can to do this for disputed defaults

[dx100uk]

correct

 

dx

[flexeh]

correct

 

dx

 

Well I sent a email saying I'd be prepared to pay the outstanding off and asked if they would either remove the defaulg or late payment markers as that was due to it not showing on my report and I agreed a payment plan before knowing I had the actual default.

 

I quoted the above and sent it off a few weeks ago. Phoned up to see if someone received, was told it has by David at escalated complaints ( the rep I been dealing with for ages) and that David has done his final response a few weeks ago, I explained I never offered this and the lady told me if I paid it all now it would be settled/satisfied, and then we can negotiate. I told her no because what have I got to negotiate with then,

 

I told her I would forward her the email and she can forward it to whoever to look at it, and if its just dismissed and noone gets back to talk about it then whatever I owe I will change my payment plan to coincide with how many months are left on the default. (39 months, instead of 25 a month works out at 17)

 

She said no you have an agreement, I said yes but that was before I knew I had a default and what good does it do me paying it off early when it would leave months left.

 

Don't think they will negotiate tbh

[dx100uk]

its better you ge things inwriting.

 

TBH i'd be telling them

I am dropping you to £1PCM as you wont help me.

 

see if that makes them change their mind.

 

dx

[flexeh]

its better you ge things inwriting.

 

TBH i'd be telling them

I am dropping you to £1PCM as you wont help me.

 

see if that makes them change their mind.

 

dx

 

 

I sent this on the 17th

 

 

From:

To: [email protected]

Subject: Urgent: Payment Default Lifting

Date: Wed, 17 Jul 2013 17:05:10 +0000

 

To Whom This may concern,

 

Reference:

 

I Have just telephoned and spoke to a lovely lady called Jo, who has just advised me to drop you guys an email so the relevant team can look at this.

 

I have a long standing issue regarding a default which is for my old electric account. The default randomly appeared on my credit file on December 2nd 2012, and was dated October 2011. So 14 months beforehand.

 

I had Experian blaming you guys and Scottish power saying its Experians fault, i lodged complaints with both companies involved and also sent subject access requests. However the SAR's did not help really at all with this.

 

a few weeks later after more emails to both companies, Experian investigated more and realised they had made the mistake and mishandled my data. I currently have a complaint with the Information Commissioner and also the Ombudsman Service taking place over this.

 

Recently i reviewed Scottish Powers Sar and came across a bill dated 31st may 2011, it was an estimated bill which was from 26th may - 31st may i believe. However i had moved out the property the 26th and gave you guys a final reading. So any electric used after then would of been from council workmen being in the property and not applicable to myself at all.

 

On this bill it said £110 payment received 31st may, and the bill was then in the 600's. I queried this with David on the escalated complaints team and he said that payment did not go through, and that another bill was generated however they could not stop the bill dated 31st may 2011 going out. My argument was if the payment did not go through then it should not state Payment Received it should be payment pending. However Scottish power will not budge on this so i will have to accept this.

 

What im emailing for today is about the default. Basically when i left my property i gave a forwarding address for all my mail, which i did not receive anything from Scottish Power. The forwarding address was my nan's, who sadly passed away so i did not have access to mail, so i had no correspondents from may 2011 - October 2011 that a default was being added to my credit file. And after reviewing the SAR it looks like the telephone number you had for me was an old one so you was unable to get in touch with me on that either.

 

The first correspondent i received that i owed you £750 was in September 2012 from Buchanan Clark and wells who sent it to my address i was living at, as they obtained my address from my credit file which i kept up to date. Immediately i called Scottish power and agreed a payment plan to settle the debt. So its not like i was avoiding you guys. And i have kept to paying that agreed amount ever since, even when i was angry over this default appearing in DEC 2012.

 

I have been looking into things a bit more and have came across a paragraph on Money saving expert which i believe will benefit both partys involved.

 

It says.

 

 

Negotiate with the lender. If you're prepared to settle the debt, either in part or in full, then you can negotiate with whoever you owe the money to. You can also make a condition of settlement that the default is wiped off your credit file. Companies can to do this for disputed defaults

 

What I'm proposing is, if i pay off the remaining balance which is £554 before the end of July, would you guys remove the default from my credit file rather than putting satisfied. The reason i ask this is, if you put satisfied it will have 16 months of missed payments on therewhich is due to Experians Error, not yours and not my own. I have worked hard on rebuilding my credit file over the past 2 years, as i now have a family, a young son and one on the way, and any negative thing on my account will affect my family life if i want to apply for a mortgage or a new car for my growing family.

 

I understand you can refuse but i also understand you can help in situations like this. If you look into my account you will see the information on my account when i called in September 2012 agreeing to the payment plan, and this was before any knowledge of a default that supposed to of been on my credit file. so i didn't just agree to payment because of a default.

 

I'm hoping you will consider this request, and also take into consideration all of what i have written above. As i do not want this to drag on any more as its making me feel really unwell. I don't want to argue any more with anyone and want this stress gone.

 

i appreciate you taking the time to read this and look forward to you getting back to me.

 

Kind Regards

 

 

As I had not relieved a reply I called up and Gillian on escalated complaints said she didn't know who it got sent to so I sai I would send it her

 

 

From:

Sent: 31 July 2013 17:09

To: Social Media Customer Relations

Subject: Fao: Gillian at Escalated Complaints

 

Hi Gillian

 

As Discussed on the phone here is the email i sent. As discussed on the phone i am willing to pay it all off right away, but at a stage where both myself and you guys are happy.

 

As stated on the phone if we cannot come to an agreement and as there is still 39 months left of my default, i will be looking to renegotiate my monthly payment plan to match the remaining time left on the default. Which will be the amount divided by the amount of months left on the default on my credit file.

 

As there will be no incentive for myself to pay it off any sooner as the account is already delinquent / gone away

 

if you could chase up the email and find out for me what was said that would be great. thank you

 

Kind regards

 

 

I received a reply and still fobbing me off telling me to go energy ombudsman as they already closed my matter

 

 

Dear Mr

 

Thank you for your email. Please accept my apologies for the inconvenience this matter has caused.

 

As discussed previously and on the telephone yesterday, the default will not be removed. We have advised that we would update it to satisfied if you settle the outstanding balance. This action is our final offer of resolution in this case.

 

You have agreed a monthly payment at £25.00 per month to clear the outstanding balance, if this payment plan is not kept up to date, this will lead to debt follow up.

 

Our internal complaints process has now been exhausted. Unless our offer of resolution is accepted, this e-mail constitutes a deadlock situation. This means that you have a right to refer your complaint to the Energy Ombudsman.

 

The Energy Ombudsman is an independent body that has been set up to resolve sales, billing and transfer issues between customers and energy suppliers. This service is free to customers. Details of how to contact them can be found in the attached Ombudsman leaflet or within the "Complaints" section on our website.

 

Remedies that the Ombudsman can award include an apology, an explanation, a requirement on the supplier to take remedial action or, in appropriate circumstances, a financial award. The Ombudsman's decision will be binding on us as your supplier, but you are free to choose whether or not to accept their decision.

 

This is our final offer of settlement in this case, and should you choose to exercise your right to take your case to the Energy Ombudsman, we will await their independent final decision.

 

Your complaint with us has now been closed and we await contact from the Energy Ombudsman should you choose to take your complaint to them.

 

Yours sincerely

 

 

Gillian Johnstone

Senior Complaints Adviser

Customer Relations

ScottishPower

external 0845 270 9450

internal 850 6319

email [email protected]

 

[flexeh]

is there a email address for admins i can send somehting to DX? ive had a responce by experian on their part and need to see where to go next.

[dx100uk]

should it not be redacted and posted here.

 

it help no-one hiding things in a pm.

 

dx

[flexeh]

its just an offer for their part.

i can scan it and put as pdf no probs,

 

they wanted a full breakdown on how i got to said amount,

which was all the hours spent,

my membership fees and small amount of compo and i gave it them,

 

but they come back offering me about 20-22% of what i asked to make it right.

 

Do i accept as im "getting something" even tho i believe its insulting a little. or what do i say to them and how?

 

i dont mind lowering what ive asked for a bit but not 80% lol

[dx100uk]

I would in all honest write back and indicate what you have said above.

 

they are, in all honesty, getting away with it if you accepttheir offer.

 

they obv realise they have done wrong

and

were you take this 'further' say by involving the ICO

 

I would expect serious compo for the damage this false data has done to your 'credit reputation'.

 

typically in these instance we see about £100 per wrong full entry.

 

dx

[flexeh]

I would in all honest write back and indicate what you have said above.

 

they are, in all honesty, getting away with it if you accepttheir offer.

 

they obv realise they have done wrong

and

were you take this 'further' say by involving the ICO

 

I would expect serious compo for the damage this false data has done to your 'credit reputation'.

 

typically in these instance we see about £1000 per wrong full entry.

 

dx

 

 

ill scan the letter cuz they have included something like they dont feel like they have done anything wrong as in something with the ico guidelines etc,

and my credit file is only a a thing to view for myself and lenders can see everything etc.

 

they also said without predujice and admitting liability we are prepared to offer XXX.

something along those lines.

 

ill scan it when i get home and if you can help draught a reply mate that will be great.

 

Ive already got the ICO involved i did from the start when SP and experian were blaming each other.

its been allocated now and ive been emailing developments n stuff over.

 

 

EDIT: i am prepared to take it to court if needed, mainly for the reason i told them when they admitted they were in the wrong

i said i think your complaints and proceedures need looking at and updating as to stop this happening to others.

They said no they dont things like this dont happen basically. lol.

 

as for the £100 (they have exceeded that if based per entry) its only the 1 entry that was wrong as such,

a complete file missing for 14 months. and i asked for alot more than that,

i asked for all my membership fees ive ever paid back, + £300 compo + payment for my time on all this.

 

As if they had investigated my complaint properley instead of blaming scottish power it would of led to them knowing

they were in the wrong rather than leaving me chasing up both companies different government departments etc

so feel i shud be compensated for time as well

Edited August 4, 2013 by flexeh