Buchanan Clark & Wells - wrong address

[pure*destiny]

Hi all.

 

I had a letter from Buchanan Clark and Wells on the 27th August claiming that I owed two amounts to British Gas.

 

The supply address they claimed I lived at is not an address I have ever lived at, but the address is one line short of my own. It is very similar and is often mistaken.

 

Anyway, I sent them a letter advising them that I have never lived at this address and do not acknowledge the debt. I also asked them to provide me with a signed contract to prove otherwise.

 

After this letter, they requested that I send proof of my address for the supply period to prove that I have not resided at that address, which I did do. They also advised that further action on the account has been ceased pending an investigation. They advised one month for this.

 

Now, only a short time since this letter, they have sent me yet another formal demand pending further action. They are advising that they will be applying to the court for a judgement and blah blah blah.

 

What are my options here?

 

I have not acknowledged the debt. It is for a different address, albeit a very similar one. They haven't provided me with any evidence that I actually owe this debt, nor do they seem to have taken my evidence into account.

 

Do I have to prove I don't owe this and didn't live at this address, or do they have to prove I do owe it and did live at the address?

 

The final judgement on my credit report will be clear next month and I'll be damned if they are going to ruin it for something I don't even owe.

 

Any assistance will be greatly appreciated.

[Bazooka Boo]

Get onto their complaints procedure ASAP, make this in writing and online if you are able to do so.

 

Ignore the letters, they are just spat out by their computer.

 

Keep an eye on your credit file also, just in case they want to art with a four figure sum before Xmas.

 

And have a read of Ofgem too.

[42man]

LETTER BEFORE ACTION

 

Dear Sir

 

I am in receipt of your letter dated (XXXXX)

 

For the record I have already written to you with regards to a debt that you are chasing that is NOT owed by me. I am sure I have no need to remind you of Ferguson vs British Gas, nor do I have to remind you of The Consumer Protection From Unfair Trading Regulations 2008

 

I would welcome the opportunity of this going to court, and I will have no hesitation in showing the judge this letter and previous correspondence when the issue of costs arises.

 

I trust this makes my position completely clear.

 

Yours faithfully

 

(don't hand sign)

[pure*destiny]

Get onto their complaints procedure ASAP, make this in writing and online if you are able to do so.

 

Ignore the letters, they are just spat out by their computer.

 

Keep an eye on your credit file also, just in case they want to art with a four figure sum before Xmas.

 

And have a read of Ofgem too.

 

Thank you. I will do that.

 

I have a subscription to Equifax which keeps me alerted to anything. Nothing has triggered for these leaches yet.

 

So, shall I send the letter of complaint and reiterate my non-ackonwledgement the same as before?

[42man]

You might also like to add as your parting shot :

 

"I will refer you to the case of Arkell vs Pressdram"

[pure*destiny]

LETTER BEFORE ACTION

 

Dear Sir

 

I am in receipt of your letter dated (XXXXX)

 

For the record I have already written to you with regards to a debt that you are chasing that is NOT owed by me. I am sure I have no need to remind you of Ferguson vs British Gas, nor do I have to remind you of The Consumer Protection From Unfair Trading Regulations 2008

 

I would welcome the opportunity of this going to court, and I will have no hesitation in showing the judge this letter and previous correspondence when the issue of costs arises.

 

I trust this makes my position completely clear.

 

Yours faithfully

 

(don't hand sign)

 

 

Ooo. I like this. I'm not sure what some of it means, but it sounds really good.

[Bazooka Boo]

I am sure I have no need to remind you of Ferguson vs British Gas,

 

Oohmpf!

 

That'll do nicely! Send em that.

[BRIGADIER2JCS]

Send this to BG I believe the title is Director of Retail Operations.

 

Ref: As on their letters.

 

Dear Sir or Madam,

 

Formal Complaint. Harassment .

 

Dear Sir or Madam,

 

I refer to the letters dated xx xx xxxxx (copies attached) inwhich you allege that I owe BG £ xxxxx for energy supplied at ( give address in full) I have informed your incompetant staff that I have not at any time resided at the address quoted, and that I do NOT acknowledge any debt, liability or obligation to BG.

 

If BG have at any time reported this alleged debt to any credit reference agency ALL adverse data must be removed with immediate effect and I shall seek recompense for damage caused to my credit profile.

 

The demands of your operatives that I should prove my claim regarding residency at this address is a breach of the OFT Guidance on Debt Collection 2003/2011 as you should be well aware actions such as those made by BG are a breach of section 3.9 (j) Deceptive/Unfair Methods (of debt collection).

Quote: '' Requiring an individula to prove he in not the actual debtor who owes an outstanding debt''.

 

I have no alternative other than reporting this incompeteance and breach of Guidance to the appropriate regulators unless your company ceases this harassment, rectifies any credit reference entries and makes a gesture of recompense for the distress and embarrassment caused by the companys action.

 

This letter is sent by Royal Mail Recorded Delivery and receipt will be monitored, your reply is required within 7 working days from the date of this Formal Complaint.

 

Send to the head office marked private & confidential.

[pure*destiny]

Oh wow, you guys (or gals) are really really good.

 

Watch out BCW.

 

Thank you so much.

 

I'm quite looking forward to sending this letter off now.

[Bazooka Boo]

Oh wow, you guys (or gals) are really really good..

 

Directed at Brig.....

[pure*destiny]

Sorry if this sounds dumb. What does "letter before action" mean? Do I need to include this?

[pure*destiny]

You might also like to add as your parting shot :

 

"I will refer you to the case of Arkell vs Pressdram"

 

Should I include this? Where you being serious?

[Bazooka Boo]

Letter Before Action (LBA) simply means that if they continue pursuing this course of action, harassing the wrong customer, then you will be taking legal action against them, these lot are very well know for ignoring all consumer laws and guidelines in the pursuit of their grubby money.

 

The sooner you tell them who is in charge and the outcome of their childish actions, then the sooner they actually begin to stop computers doing all the work and appoint someone human to sort out their mess!

[pure*destiny]

Letter Before Action (LBA) simply means that if they continue pursuing this course of action, harassing the wrong customer, then you will be taking legal action against them, these lot are very well know for ignoring all consumer laws and guidelines in the pursuit of their grubby money.

 

The sooner you tell them who is in charge and the outcome of their childish actions, then the sooner they actually begin to stop computers doing all the work and appoint someone human to sort out their mess!

 

Ah. Thanks for that.

 

I've printed the letters off and sent them recorded delivery. I've also emailed the same information to Andy Eley at British Gas Complaints.

 

Hopefully this will be sorted out shortly.

 

xx

[Systemerror]

British Gas have been done for harassment before.

 

Amongst the communications you send them, tell them that having informed them of their mistake, you now deem their actions to be harassment and any further actions they take to pressure you over this matter will initiate a court claim for damages for distress caused by Harassment contrary to the protection from harassment act 1997.

 

Go get em...

[pure*destiny]

British Gas have been done for harassment before.

 

Amongst the communications you send them, tell them that having informed them of their mistake, you now deem their actions to be harassment and any further actions they take to pressure you over this matter will initiate a court claim for damages for distress caused by Harassment contrary to the protection from harassment act 1997.

 

Go get em...

 

Thanks for your input and encouragement. I certainly will try. xx

[42man]

And I would email it to the CEO and MD of the business also....British Gas are also responsible for the way their 'suppliers' behave....

[pure*destiny]

And I would email it to the CEO and MD of the business also....British Gas are also responsible for the way their 'suppliers' behave....

 

Sure, why not. Doesn't cost anything.

[citizenB]

British Gas have been done for harassment before.

 

Amongst the communications you send them, tell them that having informed them of their mistake, you now deem their actions to be harassment and any further actions they take to pressure you over this matter will initiate a court claim for damages for distress caused by Harassment contrary to the protection from harassment act 1997.

 

Go get em...

 

 

Yep, Ferguson v British Gas..

[lookinforinfo]

Both BG and BCW have breached the fourth principle of the Data Protection Act-" should be accurate and up to date".records

[BRIGADIER2JCS]

Just WHAT would BG know about PRINCIPLES:?:

[lookinforinfo]

I think they are more concerned about getting back their principal [money] than worrying their little heads about principles.

[BRIGADIER2JCS]

I think they are more concerned about getting back their principal [money] than worrying their little heads about principles.

 

The shareholder is god an profit the prophet of doom for the poor customer!!!!!!!!!!!!!!!!

[pure*destiny]

Well, it looks like the email to the CEO of British Gas was a good move. They have responded already and advised that my complaint has been handed over to a dedicated account manager at the head office. They said they will be in contact within 7 days. Fingers crossed ay.

[BRIGADIER2JCS]

That's a good result!!