UK Search/SHULMANS LLP PAP LOC - Octopus Energy Debt

[Topkekker]

Hey guys,

 

I was using a utility supplier for 18 months.

Every month, paid my direct debit on time.

 

One day, they reviewed my account and said they had miscalculated my energy consumption and I now owe them £900. 

 

I switched energy suppliers straight away as a consequence. 

 

I am now being contacted by UK Search Limited by phone, email and text message. So far, I haven't responded and don't intend to.

 

I've checked my credit file. The account with the original utility supplier is closed and settled according to Credit Karma. 

 

So what should I do with UK Search Limited? As far as I see it:

 

• Completely ignore them until they go away (my preferred option)
• Contact them in some way and dispute the debt

 

I would be very grateful for any advice on how to proceed. I currently have an excellent credit score. 

 

Thank you,

 

[AndyOrch]

Hi and Welcome to CAG

 

If we could have the name of the Utility Supplier to be able to place your thread in the correct forum.

 

Regards

 

Andy

[Topkekker]

Thanks for the welcome. The supplier was Octopus Energy - the debt has since been sold. 

 

 

Edited August 19, 2019 by Topkekker

[AndyOrch]

Thanks I have moved your thread to the  Utilities - Gas, Electricity, Water  Forum and updated your thread title.

 

Please continue to post here to your thread.

 

[dx100uk]

whom are uk searches stated client?

 

dx

 

[Topkekker]

They claim to be working on behalf of 'OCTOPUS ENERGY'. They state that all correspondence be addressed to them and not OCTOPUS ENERGY. 

 

P.S. they like to write in capitals :)

[dx100uk]

ignore..

send octopusy an sar.

 

dx

[Topkekker]

Legend, thank you so much sir! I'll get it sent this week.

 

What happens after that?

[dx100uk]

loads of DCA util threads here

get reading up.

 

dx

 

[Topkekker]

@dx100ukI never got a response to my SAR from Octopus.

 

But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."

 

I'm reading the threads now. Any advice on how to proceed? 

[dx100uk]

I can instruct my dog to sit

if it does is another matter.

 

it this octo themselves or another co ..who?

 

does it mention the pre action protocol and contain a reply pack?

if not safe to ignore 

 

dx

 

[Topkekker]

Woof woof!

 

It is Shulmans LLP who state "Our client, Octopus Energy Limited have referred your account to their litigation agents UK SEARCH LIMITED who have instructed us to consider legal action..."

 

It does contain a pre-action protocol and reply pack. 

Edited October 18, 2019 by Topkekker

[dx100uk]

aha  SHULMANS LLP not Schulmans LLP that makes more sense now.

 

you need to respond yes.

 

1st if you use our search...

SHULMANS LLP

 

https://www.consumeractiongroup.co.uk/search/?q=SHULMANS LLP

 

you'll see there are numerous claims here for mostly southern water debts

most of which, ince the original creditor know what is going on 

fizzle out one way or another as they don't know this action is going on an they have no real wish to goto court

as they will have to.

 

I would be chasing up octopus and asking where is your sar, they only had 30 days!

 

there is a sticky here:

on how to respond, though I don't think there is a specific one for octo yet...was the electric?

 

 

 

dx

[Topkekker]

@dx100uk thank you. Yes it was an electricity bill.

 

- I put my details into MoneySupermarket for a new supplier.

- I was quoted £30 p/m with Octopus.

- Used them for 13 months and paid everything on time.

- They decided after 13 months they have been undercharging me to the tune of £970.

- Ask them where they got their initial meter reading from as I didn't provide one. They ignore and insist I pay.

- Switched providers and now pay £50 per month on average.

- They release these doubt hounds on me.

 

I'm looking to buy a house in the next few months so really could do with this not going to court.

 

Equally I'm absolutely disgusted with how this company thinks it can treat people. I wonder how a more vulnerable or older person on my situation would feel and it makes my blood boil.

 

 

-

[dx100uk]

well something is not right, that would make the usage bill £100+ PCM.

 

on the pap reply form we'll inc a request for all bills and readings.

 

 

[Topkekker]

So, checklist of what is happening this week:

• Sending CCA request to Octopus Energy.

• Printing your version of the PAP reply form and sending it to Shulmans LLP. 
  • Ticking box D (I dispute the debt) for the following reasons:
    • I paid in full my pre-agreed direct debits on time, each month, for 13 months. After 13 months had elapsed, Octopus Energy claimed that my usage meant I now owed them £976.93 in arrears. This arrears estimate is erroneous and has no basis in reality, primarily as I did not give Octopus Energy an initial electricity meter reading.To give context to the scale of their obvious error, my home is a one bedroom flat with three rooms.
    • Also, the debt purchaser has yet to provide any or all of the required documentation.
  • Ticking box I and request:
    • All bills and meter readings
    • A copy of the Default Notice

    • A copy of the Notice of Assignment

    • A complete set of statements detailing exactly how the debt has accrued detailing:

      • All Transactions.

      • Any additional charges, be them by the original creditor or you Shulmans LLpp, the debt purchaser or any predecessor DCA.

      • Details of all contractual interest added by whom and on what date.

      • List of ALL Payments made toward the Agreement

• Re-sending the SAR request to Octopus Energy and telling them they are now overdue delivery.

I had also considered doing the following but will hold fire for now (?)

• Sending a letter to my MP.
• Sending a letter to the Energy Ombudsman.
• Sending a letter to the FCA.

 

[dx100uk]

utils bill are not covered by the CCA

they are not a credit agreements

[Topkekker]

OK, I will do all of the above except the CCA request. 

[Topkekker]

Letters sent. Now we wait...

[Topkekker]

Posting an update on this. Not sure what my next best move is.

• I posed the above letters. 
• Octopus have just emailed me details of my SAR request, including Dropbox links to:
  • Telephone calls, email correspondence, and energy statements.
  • I haven't acknowledged these, or clicked any links, as I sent my initial correspondence by mail and not email.
• Octopus have said they "cannot exercise your right to be forgotten until the balance is settled"
• UK Search Limited have started posting letters again, much like the first time, saying they are working on behalf of Octopus Energy to recover...

So it seems like they have restarted the process as it was about 6 months ago.

 

@dx100ukdo I just wait for them to threaten court action again and reply with the same information?

 

 

 

 

[dx100uk]

no harm in downloading all the info whilst it is there.

it cant harm you nor reset anything with regard to ack'in the debt or acknowledgement of one that they claim might exist.

 

as for shul/UK etc.

they have your correct address as you replied to the PAPLOC

 

they are probably wanting free money in preparation for paying for the drinks at the xmas staff office party and you wont be alone in them sending these demands as some mugs might fall for it and wet themselves and blindly cough up.

 

you are safe to ignore.

[Topkekker]

Thank you, sir. You are doing the Lord's work and I am grateful.