EON and Debt Collector 2013/2014

[gr8-noose]

 

Hi everybody,

 

I have only just stumbled on this forum and have spent days reading through some posts but would appreciate some specific help if you would be so kind.

I will try to be brief.

 

10 years ago I let out a property using a 2 different Letting Agents with their full management services.

 

Tenant 1 at some point switched to EON energy. 

They left Nov 2013. 

Letting Agent 1 would have closed the energy accounts on their exit.

 

The property became empty for less than 2 months.

 

Tenant 2 moved in Feb 2014 through Letting Agent 2. 

Tenant 2 switched the energy over to Scottish Power. 

They left in 2016.

That property is now my main residence and I am no longer a landlord.

I did not know that anything was a-miss until 7th January 2020 when I received a letter from a Debt Collect Company called Azzurro, reading that they had purchased the debt from EON.

 

At first I thought it was a [problem]. 

I called Azzurro who confirmed they had bought the debt for an outstanding bill in my name + c/o Letting Agent(2) for the period Nov'13 to Jan'14.

I then called EON, who told me that they sent 3 bills Dec'13, Jan'14 then May'14.

I received none of these bills.

 

The first 2 bills would have been received by me during the empty property period and acted upon accordingly. 

I received no bill. 

The 3rd bill would have been received by tenant2.

 

I have now managed to get a copy of the last 2 bills and they are both ESTIMATED bills, close to £500 for 48 days whilst the property was empty.

When speaking to EON I asked why the bills were estimated bills. 

They replied that I would have to provide with proof actual readings for the bill to be amended.

Nearly 6 years later I have no paperwork of any meter readings.

 

When Tenant 1 (EON customer) moved out (Nov'13), Letting Agent 1 would have closed the energy accounts.
Then when Tenant 2 moved in (Feb'14), Letting Agent 2 would have created new EON/Scottish Power energy account.

So surely, EON would have actual readings for the empty period Nov'13 - Feb'14 and could produce an Actual bill but they are saying the ownness is on me to provide actual readings.

 

My financial and personal health situation has changed considerably and this is something I could really do without.
My questions (please) :

 

1   Can EON sell the (unbeknown) debt just a week shy of 6 years later ?

2   Still not completely clear about when the 6 years statue begins; Jan'14 (Tenant1 exit) or May'14 (last bill date) ?

3   Does back-billing come into play here anywhere.

4  Any other way I can challenge the Estimated reading bills ?

 

All help would be greatly appreciated.  Thank you.

 

[dx100uk]

send the fleecing DCA our statute barred letter from the debt collection section of our library

 

next time don't forget

a DCA is NOT A BAILIFF

and have 

ZERO legal powers on ANY debt.

 

dx

 

[gr8-noose]

Thanks you for your response.

 

This statute barred does confuse me :-

The billing period was 30/11/13 to 14/01/14.

EON apparently sent out a bill 02/05/14.

They sold the debt to DCA on 02/10/19 but wrote to me 07/01/20.

 

So where does the 6 year statue barred period start from ?

 

[dx100uk]

sb actually runs from YOUR last payment or usage, not from when anyone sent you a piece of paper ...no matter what's on it.

 

[London1971]

8 hours ago, gr8-noose said:

 

ought the debt for an outstanding bill in my name + c/o Letting Agent(2) for the period Nov'13 to Jan'14.

 

 

 

 

 

 

Tough luck on Azurro. They buy Stat Barred debts for probably 1p in the pound, knowing that a few % of people will poo their pants, fall for their fake bully boy tactics and pay up.

 

You however, came to CAG and know better. It's SB'd, unenforceable and there is nothing that EON, Azurro, or anybody else can do about it. 

 

One Caveat. Always keep them updated with your current address just in the highly unlikely event they decide to try it on with a claimform.

[brassnecked]

Yes they will be up the creek if they persist after the SB letter sent, and so try a claimform, as the SB defence would blow it away and they have chucked good money chasing impossibility.

[gr8-noose]

Thanks for all responses. but before I get too excited :-

 

Last payment

        I never made one, because tenant1 / Letting Agent1 never told me who the energy supplier was.
        I never received any bill in my name to pay.
        The property was empty for 48 days so the usage was minimal.

 

Last usage            17/1/14

 

Azurro's letter       03/01/20

The time between last usage and Azurro's letter is just shy of 6 years.

So is it definiately SB'd ?

Please tell me if I am mis-understanding something.

Thanks.

[dx100uk]

the debt buyer (have you had a notice of assignment?)

would have to issue a letter of claim 1st before they did court giving 30 days for you to reply

then they have to wait a further 30 days 

so 2 mts later will be the earliest they should issue a court claim were they to be so bold!!

 

we've never lost a util debt claim yet.

 

send them the SB letter.

 

 

[gr8-noose]

Azzurro letter (03/01/20) informing me that they have purchased the debt from EON.  
So this is the letter of assignment ?

 

In this letter they write that they have appointed Moreton Smith company to manage the account.
It does not state any 30 day periods/limits.

When I phone Moreton Smith co, initally to find out if it was a [problem].  They told me that they had the bill in my name that was outstanding and could email it to me.
They would not post it out.  I said that if I was liable I would pay it but you must post me the bill.  Of course then they did post me a copy of the bill.

 

I recall that all their phone calls are recorded.  So have I already shot myself in the foot ?

I will send the SB letter to Moreton Smith.

 

Just need some more reassurance.  Thanks.

 

[dx100uk]

phonecalls are in admissible, stop worrying.

next time never ring or use email ...with these DCA's or their dogs

they'll say anything to sc@m people out of free money that goes straight in their after hours drinks fund at the local pub.

the original 'creditor' never see a penny of it.

 

dx

 

[gr8-noose]

Ooh heck...

I've just been reading the thread about the claimform. A lot to take in.  Something I cannot do in 5 minutes or even an evening.

My health is not great and I am not sure if I am up to battling in small claims court.

In fact, I really do not even want to be issued any court summons.

I do agree that the 48 days the property was empty, the energy consumed would be my responsibility.
However, I never received any bill for that period or any period.  First time I knew about it was from DCA assignment letter.
EON's bill was made up with estimated Start and End reads so absolutely excessive.

So really, I want to challenge the legality of the claim due to the length of time passed  -  statue barred ?

If it is not SB, then the estimated bill amount itself.

As advised here, I will post the SB letter on Monday.

If Azzurro / Moreton Smith ignore the SB and continue, worst case scenario would I get the option to just pay the excessive outstanding debt without any additional costs ?

Thank you.

Edited January 31, 2020 by gr8-noose
grammer

[dx100uk]

eh?

any court claim would be made well after sb date.

 

stop panicking and reading stuff that doesn't apply to your situation.

 

you got a scary letter...so what wise up....

[brassnecked]

If they tried any court claim the SB defence should see them off.

[gr8-noose]

Ok, I've just posted the SB letter today.

[gr8-noose]

Just wondering...

 

Recap :  EON sold the unbeknown debt to Azzurro DCA who have instructed Moreton Smith Co to manage to debt.

 

Should I send a SB letter to Azzurro and EON too ?

 

[dx100uk]

eon have sold the debt

told you all this and what to do back in post 2

[gr8-noose]

Hi guys,

 

I am trying to update my last thread from earlier this year.

It appears to be closed.  I have tried messaging the site but apparently do not have enough counts.

Please help me to update this thread as further advise is needed.

 

 

[honeybee13]

Hi.

 

Threads are closed if there's no activity, but I've merged your old and new ones so you can post on this thread now.

 

HB

[dx100uk]

you can post here now 

 

dx

 

[gr8-noose]

Site Team;  thank you.

[gr8-noose]

Hi everybody,

 

I hope you are all well in this quite unbelievable time.

 

I have an update and would appreciate your thoughts.

As advised I sent the SB letter (early Feb'20) to Morton Smith the company who were acting on behalf of Azzurro Associates.

 

In April I got the same demand letter now from Azzurro Associates themselves. 

In response I sent the SB letter to them.

 

I heard nothing back until a week ago. 

Azzuro Associates Ltd who have now changed their letter-head to read Azzurro Law Ltd have sent me a DISCOUNTED SETTLEMENT OFFER.

 

The letter reads :

'Before proceeding with legal action, we are offering the settlement to avoid unnecessary fees and costs being added to the debt.'
'If you are unable to pay the discounted settlement offer, we are willing to work with you to agree an appropriate instalment repayment plan.'

 

My initial thought was to just send them another copy of the SB letter but thought that I would just check with you guys first, in case this new letter means things have legally escalated and that they are able to continuing officially hounding me.

 

All help greatly appreciated.

 

[dx100uk]

means nothing

it's a begging discount letter

changes nothing

once a debt is barred by time, nothing not even a judge can unbar a debt.

[gr8-noose]

Thanks dx-100uk.  That's taken some weight off my mind.

 

I suppose then it can't hurt to just send them another copy of the SB letter.

 

[dx100uk]

i wouldn't give them that feeling of grandeur.

 

 

[gr8-noose]

I actually had printed the previous SB amending the date first.  I then realised that they changed their name from Azzurro Associates Ltd to Azzurro Law Ltd.  So by hand I drew a line through Associates and wrote Law above it.  Just to highlight that I noticed their name change tactic.

So perhaps I will send it this time.

 

If they do continue to send demand letters, say every few months to try and wear me down or something, is there any threatening letter/template I can send to them, for them to get the picture that I will not be bullied/intimidated by their letters and back off !

 

Thanks.