Disputing an electricity bill from old flat - I had moved out in billing period

[struthy]

Hello,

 

This is my first post on here.

 

Recently i have been contacted by Buchanan Clarke & Wells (a debt collection agency).

 

It is for an old electricity bill.

 

I once stayed in a shared flat. I ended the contract with the letting agency, paid my electricity and Gas bills up to that point and moved out.

 

One of the flat mates stayed on for another three months in the flat and never paid his electricity or gas bills. He stayed there with two other people who the letting agency new were staying there for three months, none of them signed a new contract. He paid all the rent from his account for the two other people - the letting agency must have know about this.......

 

The letting agency new I had moved out, and I have an email trail showing that I ended the monthly rolling lease with them. For some reason I am now getting letters from this debt collection agency for this electricity bill.

 

I totally dispute the fact that it is my debt. And on two occasions the letting agency have said they will contact the electricity providers and the debt collectors to remove me from this debt.

 

Is there a template letter I can send the Debt collection agency and some advice?

 

Many thanks in return.

[citizenB]

How old is this debt ?

 

How were the utillity bills provided - were they in your name ? Did you cancel with the utility companies ?

[struthy]

Thanks for getting back citezenB - appreciated.

 

The bill is for the period 05/10/2012 - 29/01/2013

I finalised my bill with the electricity and gas company and told them I was moving out, I told them I would no longer be paying the bills for this address. I was the one who paid the bills but I don't think it was only my name on the bills.

[citizenB]

"told them I would no longer be paying the bills"..

 

^^^

 

In writing or on the telephone ?

 

If you spoke to them on the phone, you should check your telephone logs and pin down the date.

 

I would suggest writing to the utility company(s) and confirm that you advised them on DATE that you ceased responsibility as you were no longer living at that address. That they should set their sights on the people who took over that responsibility.

 

Copy the letter to BCW

[struthy]

Thanks for getting back again.

 

I found this template on the internet. Do you think sending this to the debt collection agency will stop them sending me letters

 

To Whom It May Concern:

 

Your Reference: xxxxxx

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

 

Your obligation also extends to providing me with a statement of account. I enclose a £1

postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.

 

I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

 

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

Also, since you are a debt collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement.

This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

In summary,

 

I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER:

1.True copy of original credit agreement

2.Statement of account

3.Copy of the executed deed of assignment from (INSERT COMPANY NAME HERE )

4.Fair Processing Notice.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. telephone calls and personal visits will not be accepted and viewed as harassment.

 

As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-

 

We may give information to the Credit Reference Agencies about personal debts you owe us if:

•The Amount Owed is Not in Dispute.

•The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

 

If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT’s direction of 5 April 2006 and are therefore not a ‘fit and proper person’ to hold a consumer credit license under the 1974 Act.

If you do not understand what this means then seek advice from your legal department.

I look forward to hearing from you within the statutory time limit.

 

 

 

Yours faithfully

[citizenB]

There would have been no credit Agreement, so that letter will not help you

[BRIGADIER2JCS]

There is a lot wrong with that letter I agree with citizen B. Follow the advice cB gave earlier.