2 letters from Buchanan Clark & Wells old EDF 'debt'

[barns30]

[Firstly, thanks for the posts by people on here- you clearly know your stuff.

 

Wondered if I could get some advice from you re the above co.

 

I really need some help as I am inexperienced and hope you can give me some of your time.

 

I have received 2 letters from this company,

both of which I opened when arriving home yesterday - obviously I haven't replied:

 

1) 14/5 - My name, address - 'Verification letter'. Another Address -

"We are trying to contact (me) with regards to a private matter.

We have confirmed your address through a credit link obtained via a credit reference agency

as being the same person who previously lived at the original address above..."

 

2) 21/5 - My name, address - Client EDF Energy, £400-ish, Supply Address: (different 'old' address) - dates 2011-2013.

 

I do not believe I owe anyone any money.

 

Ive had numerous texts and phone calls but just ignored as I thought was a [problem]

(Ive previously had numerous people try and [problem] me re all sorts of stuff),

 

but don't owe anything to the very best of my knowledge and am very uncomfortable.

 

You talked about the "DPA or violating ICO regulations"...

 

Im guessing DPA is Data Protection Act and ICO Information Commissioners Office?

 

In which case, what are these and what is their relevance here?

 

Surely I should reply to this letter, saying I do not accept I owe any outstanding debt,

 

that I believe their information to be incorrect, and then strongly tell them, in no uncertain terms, to get lost...

 

My understanding of the above is that DPA means they cant dicuss any details without the named persons consent. Ie. they are already in breach of this, in their second letter.

 

I was also thinking of using the following:

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose £1 in payment of the statutory fee.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

-Surely they cant provide me with 1 because the energy company would never issue a copy of bill to different address?

And on point 2, surely there is never a signed agreement between an energy co and a customer, so this cant be done, again.

 

If these 2 points are right they have no-where to go and I cant see that they can do anything more.

If they reply in an unsatisfactory way,

 

I will simply refute, outright, the suggestion that I owe any money, say I consider it to be harassment,

any more letters will result in formal complaints being made and possible action.

 

One thing that really complicates things

- I am in the middle of getting a rather large mortgage, to buy my dream house.

 

I don't want this to complicate anything.

 

Do I also add in that, were there to be any publicly available record of this falsely alleged debt,

 

I will sue for defamation?

 

Many thanks in advance!

[maroondevo52]

Hello and Welcome barns30,

 

I have used your post to start a new thread, please continue to post here regarding this issue.

 

Thanks,

 

Scott.

[Bazooka Boo]

Have you checked your credit file at all?

 

That would be my first port of call, will be £2 well worth spent, see what, if anything is on there.

 

As for their phishing letters it is best to ignore for the time being UNTIL you have had sight of your credit files.

 

Have you ever been with EDF energy?

[renegadeimp]

The phishing letters should be completely ignored. Act like youve never recieved them.

 

Meanwhile check all 3 credit agencies and see whats listed on your files.

[barns30]

Have you checked your credit file at all?

 

That would be my first port of call, will be £2 well worth spent, see what, if anything is on there.

 

As for their phishing letters it is best to ignore for the time being UNTIL you have had sight of your credit files.

 

Have you ever been with EDF energy?

 

Yep Ive signed upto Equifax (free 30 day trial!) and am awaiting the pin they send through the mail over next few days.

No, I dont believe Ive ever been with EDF. I dont even pay the energy bills, they are in my fathers name as it's his house. I have bank account, credit cards, a buy to let mortgage.

 

Surely they cant stain my credit file with false claims?! And surely they have broken DPA by disclosing all sorts to me, without actually verifying it is me? How can they verify? I wonder if someone has given my details to pass it off, or perhaps even ID fraud?!

[barns30]

The phishing letters should be completely ignored. Act like youve never recieved them.

 

Meanwhile check all 3 credit agencies and see whats listed on your files.

 

Why do you say ignore them, normally Id agree but surely they wont give up and start a claim in the small claims court or similar, without a strongly worded denial of any debt and something laying out, in no-uncertain terms, that I will not pay them a penny for debt that I do not owe?

 

I had a parking ticket for 2 hours and 2 mins in a service station (2 hours free, then they charge) a year back and I completely ignored all letters and Ive heard nothing for 9 months/wont come back. But this is different, it affects my credit rating .

[dx100uk]

prob BCW trying to pull a fast one

cause you 'were' at the address during that period

and a bill remains unpaid through an admin error

 

NEVER EVER EVER entertain a DCA on a Gas/Electric 'debt'

 

if there is a n issur

 

sort it out/pay it to the Util company.

 

theres DCA's think that because its a util bill

it gives them special powers

 

whereby in all effect its give them no more powers than they already have..

 

NONE!!!

 

9/10 the util co' did not bill the debtor so the back billing rules apply anyhow!!

[dx100uk]

if this debt is not on your credit file

it cant magically appear.

 

typically utils bills do not show anyhow

[suekelly]

Don't you believe it!! I've had three entries on credit reports that have appeared from nowhere. Also I know that Eon report their accounts on Equifax so I'd be surprised if the other energy companies don't.

 

look to see if there are any searches on your file. If someone looks at your records they leave a "footprint". If a debt collector does this then it says exactly that - enquiry by debt collector. i've been told - don't know how true this is - that a search by a debt collector stays on your record for six years!!!

[renegadeimp]

Unless the search is recorded, they dont leave a footprint that other lenders can see. Judging from the rest of your post, whoever told you about CRA's is ill informed.