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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Someone paid my debt and I receive letters in Spain from DCAs!


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:oops:Hi,

 

I've lived 6 months in Stevenage and had to leave the flat without receiving my deposit of £550 from my Estate Agents and having to pay a debt of £690 to the energy company. I paid £140 to the energy company and told the estate agents to pay the £550 with the deposit, so they will be sure that everything has been paid and I can be sure that they give my money (the flat was in perfect state after leaving). After almost 3 months of phone calls and emails to both the agents (who acted very vaguely and ignored me) and the energy company, which acted very kindly telling me that I will receive more letters remembering my debt to them until I pay but nothing more.

 

The problem is the 21st of August of this year I received one letter from Debt Managers (Services) Ltd. with my energy company's account number their name, and my £550 debt. One curious fact is that the address the energy company has have some error due to my pronounciation over the phone. And the letter from Debt Managers has the same spelling error in the address so I first thought they were sent by the energy company to solve their debts but I couldn't confirm this.

 

The 16th of September I won my dispute for my deposit of £550 and I was about to pay the energy company when I see that

someone had paid my £550 debt the 4th of September and I don't know (nor the energy company) who was because it was paid by cheque.

I haven't received any phone call from my estate agents or landlord, so I doubt they have paid the amount and then lost the deposit (£1100?) so I looked for some info about the debt managers having paid the debt, which could be but seems totally illegal/unfair to me, specially when I wasn't even informed of that from the energy company. So I tried to phone the energy company and sent them 2 emails which they haven't answered yet.

 

Yesterday, I received another letter, this time from Russel+Aitken (Russel and Aitken) LLP's Solicitors Debt Recovery, stating the same details: the energy company as Creditor, my client reference number, a reference number from Debt Managers and the same £550 as balance due, which were paid since the 4th of September. The letter advised that their clients, Debt Managers are considering proceeding with Court Action against me in respect of my account with my creditor (the energy company? why is the energy company a creditor if I haven't asked them to lend me money?). They continue telling me to pay Debt Managers and if I do NOT respond to this letter and they do NOT proceed with Court Action, my file MAY BE passed to Debt Managers' Investigation Bureau or doorstep agents. Well, I'm living in Spain right now, receiving all these letters and are they going to send doorstep agents to my house? At least some holidays for them...

 

I've read in this forum that in these cases, you have to send a CCA request letter by Recorded Delivery with £1 as posting costs? Is this correct? But from Spain, I don't now if the proceedings are the same and if I have to include £1 (here we have €). Also, I would like to know if failing to respond them would carry problems for me in Spain, in the UK, in the rest of Europe or with my english bank account: as I have read, debt is not a crime in the UK, so bailiffs or the inability to obtain a VISA are not to be dreaded.

 

As long as I see it, if anybody pays my fees and doesn't even worry to tell me, why do I owe him that money? He paid with his money for free and I wasn't informed or asked if I wanted to accept that change in conditions.

 

In addition, today I have (definitely) contacted the energy company and asked for a written confirmation that my account balance is £0 and my account closed. After that, I told them the story and they told me to pay nothing to them, they confirmed that the £550 payment was made by cheque or similar and not by credit card, because they don't have the account number of the payer and that I'm not going to receive any more letters from them in the future. Hope it's true...

 

Sorry for the 7 paragraph letter but I wanted to be the most accurate as possible. Also, I'm not sure if this thread goes here nor if there is any other similar thread as my case. In any case, thank you very much for bothering to read and any help you could provide. And congratulations for the Consumer Forums!! :oops:

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CCA is not relevant to an energy bill. If the energy company still own the debt ( they are creditors as such), then I would suggest that you pay the bill online direct to the energy company. See if this works.

 

I don't think anyone has paid the account by cheque. I suspect that the cheque entry is just internal accounting at the energy company. Why would they still be chasing, if the bill had been paid ?

We could do with some help from you.

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Hi unclebulgaria67: thanks for the answer.

 

The bill to the energy company was paid, so there's no need to repay them. The problem is that nobody knows who paid that bill and I receive letters from DCAs telling me they bought my debt and they will send me to court if I don't pay that debt to the energy company through them. The energy company tells me not to pay anyone. The letters have the same spelling error in the address and the data that the energy company have, so that confuses me because I wasn't informed by anybody that my details will be in posession of debt management companies...

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Hi unclebulgaria67: thanks for the answer.

 

The bill to the energy company was paid, so there's no need to repay them. The problem is that nobody knows who paid that bill and I receive letters from DCAs telling me they bought my debt and they will send me to court if I don't pay that debt to the energy company through them. The energy company tells me not to pay anyone. The letters have the same spelling error in the address and the data that the energy company have, so that confuses me because I wasn't informed by anybody that my details will be in posession of debt management companies...

 

Suggest that you send the energy company copies of the DCA letters, asking why they have passed on the account, when it has already been paid. Perhaps they will contact the DCA and get them to stop.

We could do with some help from you.

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Thank you, that's a good point. I'll do that. I assume the DCAs can't take me to Court if I fail to respond them, can they? If they keep sending me letters, should I send them a CCA request?

 

They won't, as they would be acting on behalf of the energy company, so should check the status of the debt before they wasted their money on court fees.

 

You could send the DCA a letter saying that you have had confirmation from the energy company that the bill has been settled, so they should check with them.

 

A CCA req is not relevant here.

We could do with some help from you.

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Ok! But should I send them a letter? Because they state that they have bought my debt, so maybe they are the ones who paid the £550? And the last thing I want now is to have more and more letters of these DCAs asking me to pay them £550, now that my postal address has been confirmed...

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The reason the debt appears to be paid is because they have bought the debt so YOU NOW OWE the new owner and have to pay them.

 

Which DCA has acquired the account?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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The DCA is Debt Managers (Services) Ltd. I've just received another letter this time from Russel+Aitken on behalf of Debt Manager (Services) Ltd. The energy company told me this morning not to pay anybody. I assume they will try to clarify this.

 

On the other side, I didn't know why has they bought my debt, if they actually have and how has they bought it, who has let them to access my data and why I wasn't informed of this because I didn't signed any paper nor the energy company has threatened me. On the contrary, they told me I was going to keep receiving letters from them remembering my debt and that they knew I have the will to pay.

 

On the other hand, the DPS (Deposit Protection Service) where I had to submit the evidence to get my deposit back, they had the same details as the energy company, because I had to send them some scanned bills, so maybe the "information leak" comes from that side, who knows...

 

Anyway, if they have actually bought my debt, I assume they will have some conditions in order to pay that debt, and I don't have nor signed any copy of that agreement. Why do I have to pay them the money they gently paid for me (plus interests)?

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The creditor has sold the account so all the rights associated with the account have passed to the new owner with all your 'data'.

YES the debt exists and is payable it does not vanish when purchased, there is no Data Protection issue here!

 

The debt is clearly yours it exists and will be pursued by the new owner.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Ok but I have to contact the DCA then? In writing?

 

Do I have to pay them as they tell me in the letter: by secure card payment online via dmpay.co.uk? Or is there a better way?

 

Finally, how can I confirm that I owe them the money and it's not a trick? Is there any way to know this? Because the energy company told me not to pay.

 

Thank you for your time, BRIGADIER2JCS.

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There is no 'trick' here, as you know you owed the money to the utility provider and it has sold the debt. Yes write to the dca offer a payment plan.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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