@sp_energypeople SP and BCW DCA - their error, my money paid off wrong bill - BCW say they will get a warrant -help!!

[Ash1646]

Morning All,

 

Have a bit of a situation with Scottish Power and Buchanan Clark and Wells, which I need some advice on....

 

Left Scottish Power with a final gas and electric bill.

 

Paid the electric bill, which they allocated to the gas account, and made a payment arrangement proposal along with a partial payment to the gas account. All of this was done in writing.

 

The cheques were cashed, but no response received. Made another two monthly payments directly to Scottish Power, in accordance to the payment arrangement proposal. Letters were sent asking for responses to the previous letters.

 

In the meantime, I was notified that a default was going to be registered against me for the electricity account, which they said was still outstanding, despite me sending proof!

 

I finally managed to raise a complaint directly with Scottish Power, which in turn led to a removal of the default, and an offer of £50.00 compensation. I accepted the offer, but didn't accept their explanation as to why my letters were not being responded to.

 

Any way.....I owe £52.00 and have told them that I would make the payment by the end of the month.

 

Whats bothering me is Buchanan Clark and Wells.....

 

They have been writing to me for nearly 3 months, threatening me with court action home visits etc.

 

I sent them the following:

 

Dear Sir/Madam,

 

Further to your letter dated 3rd August 2013, please note the following:

 

An official complaint has been instigated regarding the actions of Scottish Power.

 

A payment plan is currently in place with Scottish Power, and is being maintained in accordance to that arrangement.

 

In response to the contents of your letter:

 

1. Application to the court to obtain a county court judgement.

 

I invite BCW to take me to court, whilst:

 

a. A payment plan is being maintained, and such BCW would have difficulty obtained a judgement in their favour.

b. An official complaint has been lodged against the claimant.

 

2. Threat of warrant of execution.

 

This threat cannot be executed without a county court judgement being obtained.

 

3. Refer the account to a third party agent to visit me.

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me over the past few weeks and these have been duly logged by time and date. Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Please also note that the amount being sought by BCW is incorrect.

In light of the above, please also be advised of the following, that should it become necessary to write to you further, I will be charging for the time that is involved in responding. A charge of £25.00 will be made and will become due within 7 days of any response being issued.

 

 

They then wrote to me with a final response letter:

 

It started off along the lines of BCW acts in good faith, we haven't heard anything from our client so the debt is due etc.

 

But here is where it gets interesting.....

 

With regards to doorstep visit, this was their response:

 

The case you have referred to is not applicable to your circumstances. As part of the agreement that you signed and entered into, you agreed to repay the full outstanding balance and that where necessary the creditor could recover the debt to a third party, which included by way of doorstep collection. We are entitled by law and under contract to recover monies outstanding and we are allowed to take reasonable steps in accordance with regulatory guidelines to recover such monies.

 

The OFT's Guidance on Debt Collection reference to making an appointment on field visits relates to, where say, the Agent has called round and advised by the customer that it was not a convenient time, then he should make another appointment. appointment is not necessary for the initial visit. If however, the customer is not there at the agreed time, then the agent can call again at an unscheduled time.

With reference to the response charges that I would be serving them with:

 

Please note that there is and will not be any agreement as alleged or at all in the aforementioned letter with BCW Group (Gothia) Limited or the original creditor that will result in monetary remuneration under the terms outlined in your letter. Any such agreement alleged or otherwise is hereby rejected and not recognised by BCW Group (Gothia) Limited or the original creditor.

 

I have refrained from responding to them, until seeking some advice, but I received a letter today from BCW telling me that they would be sending a doorstep collection agent to me in the next seven days.

 

I have 2 questions.....

 

Is the doorstep collection allowed given the response BCW have made?

Are BCW correct in their response about me charging them £25.00 to respond to them?

 

Normally, I would not bother with this, but after 8 letters to Scottish Power, 6 letters to HL Solicitors, and 4 letters to BCW, I'm getting a bit frustrated.....

 

I've posted this not to get a comment regarding my situation with Scottish Power but to clarify the position that the debt collector now states. It may be useful to other caggers, for clarification.

[dx100uk]

that's the usual blurb you get back fron the doorstep letter

 

maybe the responder was bored that day.

and decided to reply.

 

they'll keep it up

as they think that because its a util bill

it gives them special powers

 

IT DOESN'T!!

 

we have Scottish power onboard here

 

i'll alert them

 

he is very good

 

and will get this nonsense from the DCa stopped dead.

 

dx

[Ash1646]

Hi DX,

 

Many thanks for the response.

 

It would be certainly interesting to hear Scottish Power's thoughts.

 

The question remains...

 

How does one combat the continued threat of doorstep collection, and can I still make the charge for writing a response?

[dx100uk]

there has certainly been cases of people getting money for their time/letters after telling the DCA's so.

 

think it was in our newsletter a few months ago.

 

as for the doorstepper

 

that's usual blurb from them

 

they don't turn up anyhow

 

you are obv already aware that they have no legal powers anyhow?

 

dx

[Ash1646]

I'll have a look at the newsletter. Thanks for pointing this out to me.

 

Yes I am aware of the lack of legal powers. It's just that my wife works from home, and the last thing she needs is unwanted intruders popping their head in causing embarrassment.

 

With this one, I'm just fed up with the constant barrage, despite doing everything right!

[dx100uk]

its usually those that shout the loudest that have no powers whatsoever.

 

lets hope the rep pops in

I have alerted them.

 

dx

[Ash1646]

Thanks for this. Much Appreciated.

[dx100uk]

I've also popped it on the sp twitter feed

 

dx