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    • Thank you for all your help and advice, I do appreciate it.   I think really I just need to understand why, after going to all the effort of obtaining a warrant, Spark or Marston's wouldn't do a quick check on the electoral register to see who lives here.  If not there seems the potential for them to be breaking into homes without the correct information all the time.  If there were a debt from another previous tenant that I am unaware of then using that logic they could obtain another warrant and enter again could they not?   This has left me very upset and shaken and unfortunately echoes the same feelings as being burgled a few years ago.  I really hate the thought of someone I don't know having been in my home when I'm not here.   I'll just follow the complaint procedures with the energy companies and see where I get to and try not to shout at Spark when I open the accounts to clear the balance.  The balance I am talking about clearing is mine as Spark tell me they've been supplying the property since November, not either of my preferred suppliers so I have no choice but to give them money.  I really don't feel like giving them anything under the circumstances but I'm certainly not going to do anything to make the situation worse!    
    • The companies you tried to arrange supplies with, should have told you there was a problem registering account for new address. If they could not contact you by phone, they should have written to you.   Had they done this, then this would have been resolved.    Don't bother complaining to Marston's. It is the energy companies that should have done more. 
    • I'm not sure what the form is – would your new suppliers normally have contacted the old supplier to say that there was a change? If you could show that spark should have known that they were no longer dealing with the account holder at the time that they apply for the warrant, then it seems to me that they do bear some culpability. By the way one of the site team mentioned that at some point Marston would contact me. I'm afraid that's not the way it works. I've now referred the matter to Marston and they may well decide to contact you – the Original Poster for more information or simply to inform you that in the circumstances that there is nothing that they are able to do. I'm afraid it's out of my hands and I never asked for or ever receive any feedback about the references I make to them at this level
    • I've forwarded the details of this to Marston – but I'm not sure that there is much that can be done in the circumstances. If the energy company had been informed – or if they had reason to know that their customer was no longer at the address then of course obtaining the warrant was outrageous. As it is, it would seem that the previous tenant hadn't informed them and had simply done a runner – and unfortunately you have taken no action to return any mail to the sender so as far as I gather, there is no reason for the energy company to have known what has happened. Please note that I haven't really looked through this thread very carefully since I originally posted so are not au fait/can't remember all of the details – but that is my sketchy understanding. If this is the case then, although of course something needs to be sorted out – I have to say that it would have been helpful if you had either opened the mail or returned it. I know that you say that you have never had to do this in the past – but maybe it would be good practice in the future. It could be that in the past you have simply been lucky. You are talking about clearing the balance of some outstanding debt which belongs to somebody else? This seems to be extraordinary to me – but then I'm afraid I haven't been following the thread very closely  
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Hello one and all

 

I have just received a letter from "Robinson Way and there reff : is HPH ltd (ex NAGB) Claiming i owe £5211.60 .... I really have no idea what i may owe this for and to the best of my ability i believe i have a very high credit ratting (banks and credit cards throwing 0% at me) ....

 

I have so far sent a standard letter any advice would be great.

 

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

 

Dear Sir/Madam

 

Reference number :

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that we have no knowledge of any such debt being owed to .

 

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

 

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

 

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

 

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

 

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

 

Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

 

I would also point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

 

"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

 

"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

 

We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

 

(1) proof of my liability regarding this debt.

 

and

 

(2) payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act.

 

We await your written confirmation that this matter is now closed.

 

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

 

YOU MUST ALSO TREAT THIS AS A FORMAL COMPLAINT, AND AS SUCH I REQUIRE A COPY OF YOUR COMPLAINTS PROCEDURE AND A RESPONSE TO TAKE TO THE FINANCIAL OMBUDSMAN.

 

I look forward to your reply.

 

Yours faithfully

Sent from Yahoo Mail on Android

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Hi and Welcome to CAG

 

I have moved your thread to the correct forum.....Debt Collection Agencies Forum...please continue to post here to your thread.

 

 

Regards

 

Andy


We could do with some help from you.

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

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can you scan the letter up to PDF please

lets see if we can work out what they are going on about.

 

read upload


..

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can you scan the letter up to PDF please

lets see if we can work out what they are going on about.

 

read upload

afraid I can't scan as I don't have the facilities to do so ... I could take a photo if I can upload that ?

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yes read the upload guide

it suggests that..


..

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Could be a phishing letter as in sent to multiple J Jones hoping one bites.


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

 

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

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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