Jump to content


  • Tweets

  • Posts

    • The talks come weeks after a controversial visit to Taiwan by US House Speaker Nancy Pelosi.View the full article
    • The government's tax agency has launched a programme to encourage a new generation of sake drinkers.View the full article
    • In the autumn of 2020, I decided to change energy supplier from British Gas to EDF. This went through with no apparent problem but after approximately two weeks, I received a letter from EDF saying "Sorry you're leaving us". I contacted EDF to say that I was not leaving and was told not to worry about it, that they would resolve it and to carry on with monthly payments to EDF.    Approximately 2 weeks later, I received a text message from EDF to say, "Sorry you're leaving us". I contacted EDF again to say I was not leaving and was again told not to worry and that they would sort it out. Two weeks later I had a third message, "Sorry you're leaving us...". I contacted EDF again, but this time raised a complaint because it was becoming stressful and annoying. I asked them to explain why this kept happening. After some investigation by EDF, I was told that Scottish Power was trying to "erroneously take over" my gas supply. I confirmed that I wanted to remain with EDF and did not want to move to Scottish Power. I was advised to forward any bill sent by Scottish Power to EDF so that they could deal with it, and not pay it. However, I have never received any bill from Scottish Power until July 2022.   I was then contacted again by EDF to say that Scottish Power was trying to take over my supply because my gas meter was registered at my neighbour's address, on the energy suppliers' national database. I requested that EDF change the details for me so that I could remain an EDF customer but was told that only the existing supplier could change the details and that I would have to contact Scottish Power and request that they change the details. I reminded EDF that I had never asked Scottish Power to supply me and that as my current provider, EDF should take on this responsibility, but I was told on a number of occasions that EDF could not do this and that I would have to contact Scottish Power myself.   I have since learned that I should never have been told this. Ofgem states that if a supplier tries to erroneously transfer a supply, the two suppliers involved should communicate with each other to resolve the problem as soon as possible, and not involve the consumer. However, this is where the real problems started. I contacted Scottish Power at least 20 times over the course of 2 months, by email, online chat and telephone and spent a considerable amount of time trying to resolve this issue. The main problem was that Scottish Power refused to discuss it with me because "I did not have an account with Scottish Power". I explained on numerous occasions that I did not want an account with Scottish Power and that I just wanted them to change the location of my gas meter on the national database, but they persistently refused. Scottish Power was generally very poor at contacting me, I was doing most of the running. My neighbour, who is supplied by Scottish Power and has been for many years, said that this has been an issue in the past but Scottish Power has never resolved it. He said that when I asked EDF to take the supply back from Scottish Power, his supply was also erroneously transferred to EDF against his wishes, causing even more problems. During this occasion, Scottish Power compensated my neighbour but still refused to assist me.   I have evidence of some of the correspondence between me and Scottish Power but not all because much was over the phone and on online chat. Each time I contacted Scottish Power a new member of staff dealt with it and so they had to record the same notes each time, considerably lengthening the process. I asked if Scottish Power could allocate someone to own the complaint but because I did not have an account with Scottish Power, this was not an option. After numerous emails to Scottish Power from my neighbour, who was trying to assist with the situation - sending his meter details, my meter details and asking that the database be updated with my address - he was asked to send photos of my meter to Scottish Power. I had already been asked this by Scottish Power and had duly sent them but received no response. My neighbour then forwarded the photos by his email to Scottish Power and they replied asking him to ask me to re-send the photos directly, which I did for a second time. This was the last correspondence I had with Scottish Power about the matter. They did not contact me again.   EDF contacted me to say that they had concluded the matter from their end and requested that they close the complaint, to which I agreed. A meter reader visited sometime after to read both meters and I (naively) assured myself that the details had been changed and that EDF had resumed supply. My bill increased, and my meters were then routinely read by a visiting meter reader every quarter. My last correspondence with Scottish Power was on 9th November 2020, when I emailed the photos of my meter for the second time.   Twenty months later, towards the end of July 2022, I was on holiday with my family. I came home on 13th August to find 6 letters on the doormat from Scottish Power demanding £2134.89 for gas supply. They are addressed to "The Occupier" so they have obviously not referred to my previous correspondence or attempted to ever resolve the initial request to change my details. This is contrary to recommendations made by Ofgem's "Erroneous Transfers" paper produced in 2016. One of the letters even says, "Welcome to your new home" as though they have no knowledge of the correspondence 2 years ago. I have received another bill from Scottish Power today demanding payment and threatening referral to a debt collection agency if it is not paid. The above Ofgem paper states that erroneous takeovers should be dealt with by the two companies concerned and not by the consumer at any stage. But in my case, it has been me doing all the running, all the phoning, emailing, talking online, etc. Neither supplier has really done that much and I believe that EDF should never have told me that I should try and resolve this with Scottish Power; and when I contacted Scottish Power, they should also have taken ownership of the problem jointly with EDF and resolved it directly with EDF.   I have taken legal advice and been advised that as this is a dispute between two energy suppliers rather than between myself and a supplier, it is more appropriate for me to contact both suppliers, summarise past actions undertaken by all parties, and request that the supply be transferred back to my original supplier. This sounds hunky dory but doesn't actually help. Two questions arise in my mind... 1. Do i have to pay the bill at all given that it is addressed to "The occupier"?  2. Should I provide my name in my complaint (not yet sent) or simply refer to myself as "The Occupier"? 2. I know I can refer to back-billing guidance but my instinct tells me I shouldn't have to pay any of this bill because the supply was taken over without my consent, I tried numerous times to resolve it to no effect, and was led to believe that I was then paying for the gas due to the actions of both companies. Does anybody think I have a case here and any suggestions about how to pursue it?   Many thanks if you have managed to read this far. Even more thanks if you have any advice :-)  
    • several other threads here too they will give up  just retail loss scammers, nothing ever goes back to the retailers anyway straight in their pocket straight down the pub!!   just like DCA's.   dont forget your cars v5c!! too   you MUST write to anyone one your credit file or banks etc, esp if you have debts that dont show that you might have last used/paid within say 7 yrs esle you'll get backdoor CCJ's.
    • Our produce is likely to be smaller, odd-looking, or even leathery after the hot, dry weather.View the full article
  • Recommended Topics

  • Our picks

  • Recommended Topics

defaults and what to do regarding them and statute barred info required.


MikeyT
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 786 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I'm new to this and hope I have posted in the correct place

 

I need some advice regarding some old debts I have if anyone can advise me please.

 

Recently I had a break down in a long term relationship

and now have got myself in trouble with several recent debts

as I've been left a single father who has sole custody of my child.

 

I am only able to work part time and have been in contact with pay plan to try and get my new debts sorted.

 

I was silly in my younger years and managed to obtain 2 defaults on my credit file.

 

I have

 

1 debt with capital one

Balance £371

Default balance £506

Account start date 02/05/2008

Default date 27/11/2009.

Credit limit £200

and

 

another with Cabot financial services

Opening balance £548

Default balance £548

todays balance £657

account start date 22/09/2008

Default date 31/03/2010

Original lender Vanquish credit card limit £250

 

I have not spoken to any of the default creditors in the last 4/5 years admitting to no debt.

 

Pay plan have advised me that I should add these debts into a payment plan

however I'm not so sure this is a wise idea as I will be admitting the debt

and the 6 years can restart as they are close to being statue barred.

 

What should I do regarding these debts ?

 

Cabot have added fees on there for which I have no idea what for and also capital one.

 

I receive no letters from capital one regarding this debt

and receive letters threatening letters from Cabot.

 

I'm not looking for a way out but don't know if it's wise adding them into a payment plan

at this stage the debts are so old.

 

Thanks for your time

Link to post
Share on other sites

well whatever you do

 

whatever debt has a default date listed

will VANISH o the defaults 6th birthday

no matter what you do

pay them or otherwise.

but ofcourse this does not mean the debt is still not due.

 

pers, before i'd enter into any DMP

i'd send CCA request to everyone of them!

 

wht other debts have you please?

 

and have tyou thought about PPI/PENALTY charges reclaiming at all?

 

there is no legal remit that allows any debt buyer to add any PENALTY fees to a debt

and even if they do, they are unlawful and can be RECLAIMED.

as well as those levied by the OC

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks for the response Dx

 

I have 6 other debts about to go into default stage

 

2 with 02

 

one with Vodafone

 

Jd williams

 

Ladder loans/Inventive finance

 

Aqua credit card

 

If I CCA the old defaulted debts am I admitting liability for it ?

 

I haven't looked into the PPI as I was dubious about admitting the debt to be honest.

 

I read if I paid any money they can restart the default date

so I have managed to avoid it up till now and I certainly don't want to do that.

 

I am new to this so sorry if I sound inexperienced.

 

The date of default on my Cabot file also seems wrong as I never paid that much towards the credit card

maybe 4 months payments if even that (young and stupid).

 

Vanquish originally had the account and would have thought they would have defaulted me well within the 15 months period stated above.

 

Once again

if I chase the penalties am I not I admitting liability so the default date starts again ?

 

This is my worry if I include them with my pay plan deal

once I start paying they can extend the default or do I have this totally wrong.

 

Thanks Mike

 

Also the address I have for Cabot and capital one is a Po box.

 

Can I send a CCA to that address if it needs to be signed for.

Link to post
Share on other sites

All references to a defaulted debt must be removed from your credit files after 6 years

has passed from date of default, whether paid off or not.

.

the WHOLE ACCOUNT WILL VANISH, never to return.

.

however, this does not mean the debt itself is not still owed

consider a CCA request.

.

This is so that someone who continues paying something

- even after 6 years from default

- should not be at a disadvantage to someone who pays nothing after default

and ends up with a clean file after 6 years.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

CCA requests and Subject Access requests are not admissions of liability, there are adequate templates in the CAG library for these.

 

As dx said the default date Cannot be extended or changed but any payment will restart the 6 year limitations Act " clock".

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:

Link to post
Share on other sites

Thanks for the advice, I will CCA the defaults if there is no liability but would seem it might not be worth including them in my pay plan option as they drop off in just over a year and I don't want to reset the limitations act clock. I have a funny feeling both defaults will struggle to come up with the paper work.

Link to post
Share on other sites

To be honest , for the two older debts , if they are not contacting you I wouldn't bother poking them . If they do contact you that would be the time to send the CCA request . Payplan are of course morally correct in that you "should" set up a repayment plan but as they are getting close-ish to SB why bother. Please also bear in mind that so long as they supply a CCA these will be enforceable because they are post 2007

Any opinion I give is from personal experience .

Link to post
Share on other sites

Write off these days is highly unlikely which is why we see the same debt going round all the debt purchasers and DCAs for years.

 

Selling on debts is the easy way to get a few quid for each company.

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:

Link to post
Share on other sites

Okay thanks Brigadiers was wondering when I offer my plan whether it's worth trying this before I make a payment plan offer can't see I've got anything to lose or do you think I'm better staying clear ;)

Link to post
Share on other sites

I WOULD STAY CLEAR.

It would lead I suspect to the debt being sold on and you would have to start all over again.

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:

Link to post
Share on other sites

Thanks for the response Dx

 

I have 6 other debts about to go into default stage

 

one with Vodafone

 

 

Hi Mike,

 

If you'd like any help with the Vodafone side of things, please email me with your details via the Contact us form here and quote the code WRT135 - CAG Forum in the subject line.

 

Once sent, you'll receive an automated reply with a reference number. Post back with this and I’ll check I've received it.

 

Kind regards,

 

Lee

 

Social Media Comms

 

Vodafone UK

Link to post
Share on other sites

Hi Mikey

 

Give Lee a chance on here... He is very good and one of the only mobile companies who has a rep on here.

Let him speak to you directly if it's any easier :)

 

I wish you all the best in sorting this out and if you need any advice please hoot!

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

  • 4 years later...

to cut a long story Short I had a massive breakdown in a long term relationship 5 years ago leaving me with large debts.

I'm a reformed person now to how I used to be with money and I'm looking to get a mortgage

 

I have ignored these debts as I'm aware of the statue barred system. 

 

Sadly the other day I have received 2 pre legal assesment letters from Lowlifes based on 2 old O2 accounts. 

 

I'm aware that the pre assesment is just a threat but it's one I need to take seriously based on my mortgage applications.

The drop off date is not till next summer. 

 

It leaves a sour taste in my mouth to set up a payment plan for this although it could be the way forward. 

I maybe up for full and final but the accounts equate to £1000 roughly. 

Can someone advise me on the best option for these without judging. 

 

I have previously beaten lowlife in court for a ccj based on another communications account I held based on no CCA to prove it was mine although I think I got very lucky as I'm aware it's not regulated under the CCA. 

 

I currently have another CC account which I'm fighting with Roboway via the prove it method for which they have wrote to me twice over the months stating they are having issues with the original creditor. 

 

Sorry for the long read but this is massively important I avoid a CCJ. 

Link to post
Share on other sites

use CCA not pointless prove it letters. [re the card debt]

 

you don't need to pay anything.

they have to abide by PAP first

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thank you for the swift reply DX I'm aware you have a great reputation on here so thanks for reading my thread. 

 

So you suggest to fire a CCA Request to Robo I will indeed do this. 

 

I also have a catalogue debt with lowlife should I fire one at them or let sleeping dogs lie for now? 

 

The PAP is first steps towards A CCJ am I correct in thinking.

 

Would I not be leaving myself with less time to challenge this or is it a case options open up once this has begun. ? 

 

Thanks Dx 

 

Link to post
Share on other sites

  • 3 months later...

Hi I'm hoping I can get some sound advice regarding this before it gets legal.


I recently received a letter from a DCA threatening court action over a telecomunications account I don't remember taking out.

The debt they claim is 5 years old.


Upon receiving the letter I decided to challenge the debt and sent them a prove it letter in standard template form.


I received a reply back a month ago stating the telephone number and the cost of the debt.

the DCA also stated that they would apply from the original creditor for a statement.


Today I received another letter from the DCA.

In the letter it has stated.
We have enclosed documentation from ..............
We have included a FAQ sheet.
The documentation sent was a print screen off a computer of some random numbers and a few dates.

there is no official statement nor any address or name (or phone number) on this so called documentation.

 

In fact it could belong to anyone it has no solid connection to me or even the phone contract their referring too.
In the FAQ sheet it says
 

Quote


Why have I not been sent the statements for the dates requested ?

The original creditor has only been able to provide the enclosed statements , this may be because of the time that has passed since we purchased the account , or, due to the age of the account





How can I reply to this letter without admitting any liability.

The documentation I believe is not valid proof I owe the debt.

 

Could you please advise me if this is a acceptable form of proof.

 

Can i reply back stating that and threatening to contact the financial ombudsman ?


Thanks for taking the time to read.

Link to post
Share on other sites

Thread title updated

 

thought we advised you years ago to forget the  stupid prove it letter

simply invites pointless letter tennis.

 

who's the dca Lowells?

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hi Dx you did indeed advise me to avoid this method.

However I've had success in the past and had defaults removed and debts written off without waiting for it to go legal.

The DCA is indeed Lowells.

 

Link to post
Share on other sites

  • dx100uk changed the title to lowell and telecom debt

ignore them until or unless you get a letter of claim.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • 7 months later...

Hi I have 3 debts in total. 
2 mobile phone debts
1 catalogue debt
I have Sar all three and CCA the catalogue debt.
I have also sent prove it letters to the debt company. 

The mobile phone Sars did not have very much info. 
Both stated it was passed to collection agencies on the 07/2014. There was no payment list as it stated it was purged due to age of the account. However the debt company provided a print screen of last payments made in may/June 2014. No official default notice was served so no record. However the defaults were added much later one in December and August. 
No contact payment has been made since, only a prove it letter. 

The catalogue sar sent me lots of info but it didn't have any proof of default notice. I never received a default notice thats why.
There was never a payment made on this as I was indispute with a non delivery of items at the time. However no evidence of this. Last order was placed may 2014. Last contact.
Info in the Sar said when the debt was sold which was pennies.
I requested CCA from debtor and catalogue company. 
Debtor sent me a reconstitution. However the Sar said there was no agreement on record but I recieved a letter stating they sent me a true agreement which was just my name and address and no signature because I never signed it. I have a letter reminding me I needed to sign it but never did.
Another thing to add when I cca the debtor or the catalogue company none of them provided a copy of the default notice is this correct procedure?

The debt company are getting close in my opinion to taking these to court. Due to payment history and acknowledgement the debts are 6 years passed from last few payment reminders. For some reason the defaults were set much much later on the mobile accounts one in December and October. The Sar on the telecommunications stated it was passed to the debt company on the 07/2014 which means the defauls were added after this. 

Any advice would be greatly appreciated. It would seem the debt company added or adjusted the default date. There is no paperwork for these as their not regulated by the CCA. 
Thanks 

Link to post
Share on other sites

This wouldn't happen to be Lowell by any chance?

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • dx100uk changed the title to defaults and what to do regarding them and statute barred info required.
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...