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Taking Scottish power to court over a default on my credit file


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I need some help urgently as I'm really on the verge of a breakdown with this.

 

Until Sept I had a near perfect credit record and then as I was looking to take advantage of a renewing a few 0% credit card deals I started to be rejected.

 

It soon became clear that I had a default for £4,600 on my credit file.

I enquired with the company concerned and it relates to a property that I owned and had to take possession of in April 2013.

 

It's a long story but it was derelict after it was abandoned by a previous long term tenant.

Because I could not get insurance I sold it within 3 weeks of the possession order to a local builder.

I also asked the utility company to remove the meters as with the property empty and falling apart it was the safe and right thing to do.

 

So I thought it would be straight forward after I explained to them but not at all.

After numerous calls and letters they say that it was in my name since Nov 2011 and sent me a bill with my name on.

This could only have been obtained by the land registry or added on since I asked them to remove the meters in 2013.

 

I have not been able to obtain finance since Sept 2017 and am falling into arrears with my finances.

I'm in constant tears - I know this might sound irrational.

 

I have just issued a summons for the costs and absolute distress for over £2,800 because I'm getting absolute desperate.

I'm not greedy but this is really tearing me apart.

 

I've kept the name of this major supplier off here as I can't think straight and don't want to say anything that might damage my case.

 

Any thoughts please?

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Please tell us which company it is.

 

As long as you are honest and straight dealing then nothing can damage your case.

 

Send the company an SAR immediately – and in particular you need to have evidence that you did cancel the supply and also that you did ask them to remove the meters.

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Thanks I will tell you the company but I guess I need to get a copy of the SAR first.

 

When I spoke to them a few weeks ago they said that they could see the date in 2013 when the call was made requesting removal which confirms what I say.

Is it too late to get an SAR as because I was getting nowhere I gave them notice before issuing a summons.

That should hit their doormat in the next few days.

 

I have provided them a copy of the possession order from the court in April 2013.

Why would I get that if I already had possession in 2011?

 

I have also provided Land Registry Docs lodged with the Land Registry for sale of the property later that same month.

They have this proof.

 

Please tell us which company it is.

 

As long as you are honest and straight dealing then nothing can damage your case.

 

Send the campaigning an SAR immediately – and in particular you need to have evidence that you did cancel the supply and also that you did ask them to remove the meters.

 

Although the original default which is still on there was for about £4600

I have since received correspondence stating that I 'will be responsible for the charges from July 2011 up to the date that you sold the property in July 2013'.

The revised amount is £1,163.80.

 

I sold the property in April 2013 and it was resold because apparently it was in need of too much repair in July 2013.

I have this latter period to prove and also the period before the court gave me possession on 2nd April 2013.

 

I have never had a contract verbally or written.

I've never used the service.

I've never lived there.

It's had absolutely nothing to do with me.

Edited by dx100uk
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you must understand that this isnt personal for them, they just dont have a system that copes with anything out of the ordinary so will blindly carry on down the path they are treading until someone has to read the paperwork for the court hearing and even then they may well just reslove to limit the damage done and send some junior along just to deny things hoping that their failure to provide evidence for doing anything is enough to limit the scope of the claim

 

you need to familiarise yourself with the Durkin case and also look at other DPA case law

so Vidal Hall v Google and VCS v Phillip for claims for damages where damages are claimed but no loss is made.

Edited by dx100uk
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I understand but if they saw how many sleepless nights I'm having over this then maybe they'd take more care.

Thanks for that case.

 

The problem is at the moment this issue is causing me financial loss on a daily basis as well as the worry.

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This is all the more reason the you should tell us right now who it is you're dealing with. It may make a difference to the advice we give you.

 

You should get the SAR off tomorrow morning. Make sure you ask for everything they have on you in any form and on any matter. However, you should realise that they have 40 days to comply – and everyone takes at least the 40 days. Some of them take far longer and some of them need to be forced to comply.

 

If we know who you're dealing with then we can give you better advice as to what is likely to happen and what you should do.

 

I'm afraid that you are contributing to your own problems and to your own anxiety.

 

Also you haven't commented on my advice that you need to have evidence that you cancel the supply. Did you have this? How did you do this?

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Scottish Power.

 

They were asked to remove the meters after I received possession and that is what they did.

 

This made it even more bizarre when they did not close the account.

 

When I spoke on the phone she confirmed that she could see the meter had been removed.

 

I guess this is why they've now changed the date of closure but even that is still wrong.

Edited by dx100uk
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Thank you. I suggest that you begin by searching this forum for "Scottish Power" and you may gain some comfort from seeing that you are not all alone. You may even some people who have had problems broadly similar to your own.

 

You say that they removed the meters. I hadn't understood that they had done this from your original post. I had gathered that you had merely instructed them to do so and that they had not done it.

 

So what you're saying is that they removed the meters and yet they kept on billing you? Is this correct? I have a feeling there is something I don't understand because that seems to be quite extraordinary. If they removed the meters then on what basis did they bill you?

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Hang on, maybe I'm starting to get it.

 

Are you saying that you received a bill from 2011 to 2013 in respect of the property which had been tenanted?

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Yes but I only got possession on 2/4/13 and it was sold straight away............

..within weeks as I couldn't get insurance because it was derelict.

Hence why I asked to remove meters.

 

Default says ACCOUNT start date 5/8/10 GONE AWAY.

 

I must stress I have never ever made a payment or took an account with them.

Balance £4701.00

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when did the tenant abandon the property.

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... 

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thread title amended

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... 

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when did the tenant abandon the property.

 

I don't know. I was the freeholder and he/she had a very long lease. I started getting letters from the Council in 2012 saying that they'd compulsory purchase or carry out emergency repairs as the roof was caving in.

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Have you got any evidence of the lease? Do you have a copy of it? Do you know where the tenant is now?

 

This kind of behaviour is quite common with utility suppliers. They are unable to get a contract with whoever lives at the property so eventually they do a search and find the legal owner – the freeholder and they simply set up an account in that person's name. I suppose a lot of the time they are right and it is the freeholder who is living there – but a lot of the time they are not right and it causes these problems.

 

Who was paying the council tax? Do you have any council tax records?

 

I also see that you have now started a claim. Can you tell us more about this please? Please can you post up the claim form in PDF format. You can redact the identifiers.

 

What date did you issue/serve it? Has there been any response?

 

I see that you've been with us since 2006. Have you asked for help with this one before?

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you say above it was around nov 2011

so it defaults to you. IMHO.?

 

cant see you've got a case here

i'd be discontinuing the claim.

 

you need to get SP to correct the defaulted date to beyond 6yrs not 2013

then it wont show.

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... 

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but should be nov11 IMHO

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... 

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Share on other sites

you say above it was around nov 2011

so it defaults to you. IMHO.?

 

cant see you've got a case here

i'd be discontinuing the claim.

 

you need to get SP to correct the defaulted date to beyond 6yrs not 2013

then it wont show.

 

sorry, I had understood that it was tenanted until 2013 and that's when you took possession of it and then got rid of it shortly after.

 

Have I got the wrong end of the stick?

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Have you got any evidence of the lease? Do you have a copy of it? Do you know where the tenant is now?

 

This kind of behaviour is quite common with utility suppliers. They are unable to get a contract with whoever lives at the property so eventually they do a search and find the legal owner – the freeholder and they simply set up an account in that person's name. I suppose a lot of the time they are right and it is the freeholder who is living there – but a lot of the time they are not right and it causes these problems.

 

Who was paying the council tax? Do you have any council tax records?

 

I also see that you have now started a claim. Can you tell us more about this please? Please can you post up the claim form in PDF format. You can redact the identifiers.

 

What date did you issue/serve it? Has there been any response?

 

I see that you've been with us since 2006. Have you asked for help with this one before?

 

Land registry do not have copy of lease. No idea as I've never met him. No council tax off him since 2011 hence why council contacted me.

 

sorry, I had understood that it was tenanted until 2013 and that's when you took possession of it and then got rid of it shortly after.

 

Have I got the wrong end of the stick?

 

No that is 100% correct

 

I sent claim off on Thurs to Glasgow. After reading your posts in hindsight I probably would have served in England.

 

I haven't discussed this before. I was involved more back in 2006 regarding bank charges etc. Then recently about council tax.

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What I think maybe you have better provide a few explanations. I'm sure you can imagine that anyone will raise their eyebrows when they hear that you had a long-term tenant who left in 2013, presumably you have been receiving rent in respect of the property, that you have no idea who the tenant is and you have never met them.

 

I think you need to go through this very carefully for us so we understand the full picture

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What I think maybe you have better provide a few explanations. I'm sure you can imagine that anyone will raise their eyebrows when they hear that you had a long-term tenant who left in 2013, presumably you have been receiving rent in respect of the property, that you have no idea who the tenant is and you have never met them.

 

I think you need to go through this very carefully for us so we understand the full picture

 

The property was bought as part of a portfolio on long 999 year leases. I owned the freehold. The few pounds a year was never paid and it became too troublesome chasing payment. I never met the tenant.

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I would guess reading between the lines the tenant abandoned the property around or before nov 2011

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... 

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I think you need to find out ScottishPower's history of reading the meter?

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