Octopus Energy Debt - Advise Please?

[nousernamewanted]

Good morning, I hope someone can give me a little bit of advice on an issue please?

 

I have received an email from Octopus Energy advising that I have a debt and that it has been referred to Churchill Recovery Solutions. 

Fair enough, I am in arrears. 

 

However, there are issues about the email that concern me.

They have copied my ex-wife into the email and also sent a copy to my son.

My son's email address does not appear on the other recipients so I can only assume that he has been copied in under Bcc.

 

So the concern here is, where did they get these email addresses from?

I never supplied them so have I been hacked?

 

Secondly, have they breached GDPR laws by copying other people not named on the account into sensitive and confidential information?

The claimed balance outstanding was clearly displayed on the email.

 

I am a little unsure of what steps to take here and would appreciate any advice/opinions please.

 

Many thanks in advance.

[brassnecked]

  Hi welcome to CAG, just a couple of questions so the Team can get a bit more background and explore options with you.

  Are those other people  copied on the Register of Electors at and are living at your address?

 

Is the bill solely in your name only?

 

Bit naughty if they have involved third parties, and that would be breach of GDPR, same as if a bailiff knocked and gave full details of a third party debt to you.

 

Might be worth contacting the ICO and asking them, I would ask Octopus what they are doing, if by phone record the call.  You could tell them that you consider it a GDPR breach and you will be reporting them. to ICO.

[nousernamewanted]

Hi

 

My son lives with me and he is on the electoral roll.

My ex moved out 2 years ago and I doubt if she is still on the roll. 

The account is in my name only and the other email addresses have never been supplied to Octopus.

 

The account is in my name only and I cannot see how they got the other email addresses. 

I would prefer to keep any correspondence with Octopus in writing so that there is a clear record of any discussion, but if I reply to the mail, do I just pose these questions and ask where they got the info (have they hacked me) and why have they copied in other people who are not on the account or is there a set form I need to use?

[brassnecked]

Do it with a Formal letter of Complaint, as they had no business copying anyone else into any email, also indicate all correspondence now by Mail, Save the emails and the addresses it was copied to as they will be part of any ICO complaint Looks like a GDPR breach, other Team members will be along soon with further advice.

[dx100uk]

they wont have hacked you no.

but probably use social media and credit file to see what other adults lives their during a period of arrears.

as they are all equally liable.

 

how old are the arrears?

and hoe did they come about?

is it for your present address.

 

dx

 

[nousernamewanted]

The arrears do go back some years and are for my present address.

They came about due to financial difficulties and I have never been able to recover from them.

 

You say that other adults at the address are liable?

How so?

The account is in my name only so how can anyone else be accountable?

[brassnecked]

Its utility not council tax,  they could be liable for Council Tax or a proportion if those were the arrears. If was a student house they might then for sure.

 

Have a look at this might be a start

 

https://www.thisismoney.co.uk/money/experts/article-2282193/If-isnt-household-bills-I-pay-ex-housemate-them.html

[nousernamewanted]

Thank you, this appears to confirm my suspicion that they are not liable and should not have been contacted during a collection process. 

 

I am quite sure that they have breached GDPR regulations, I just need to establish the best way of formulating a response to them.

[brassnecked]

Just wait for DX and a couple of others to come back, there might be more to it so all t's crossed and i's dotted first.

[nousernamewanted]

Thank you

[dx100uk]

as we've seen with student share debts. other adults are equally responsible for utils bills but not water 

so is this gas / electric and how long ago was this debt 1st ran up?

 

now were these emails to the other adults telling them you owe octopus  money

or

that as you had not paid they were to make the shortfall

 

you say BCC 

as for CRS you ignore them.

 

historically how many months / years ago was this debt run up.

and did oct send you the correct bills without estimated readings used?

 

dont auto assume when a util co send a bill about debt, it is correct and due.

if they have used estimated readings or have did not send a bill at the time, they can't just back bill willy nilly esp if its their mistake.

 

 

 

 

[nousernamewanted]

The email is addressed solely to me.

I am certain that my son was a Bcc recipient as his email address is not visible on the ones sent to either myself or my ex, but it is the exact same email and on his copy you can see it addressed to myself and my ex.

At present the bill is estimated but readings were supplied shortly prior to lockdown, I don't dispute that there is a debt, what I am concerned with here is them sending details thereof to 2 other people who are not on the account and one of them left here 2 years ago.  I don't believe they had a right to do that

 

[brassnecked]

 If its a domestic address and a normal account, thought they could only bill who is on the Tenancy agreement or Mortgage, as isn't a Tenancy in Common. if Joint tenancy and other party gone, didn't think children who have gained majority can be held liable, as not on any paperwork, apart from Electoral roll.  Is a Lodger liable?

[dx100uk]

well anyway.

as its the same email then

and not directed at them to pay

no its not correct they have done it under gdpr etc etc.

 

so regarding the debt.

what readings prior to this have you been sending?

to prove this billing is correct or not 

have regularly sent them before 

and is the estimated readings higher than your actual usage.

when does the debt First date back too aswell

 

 

 

 

[nousernamewanted]

2 hours ago, brassnecked said:

 If its a domestic address and a normal account, thought they could only bill who is on the Tenancy agreement or Mortgage, as isn't a Tenancy in Common. if Joint tenancy and other party gone, didn't think children who have gained majority can be held liable, as not on any paperwork, apart from Electoral roll.  Is a Lodger liable?

There are no lodgers

 

2 hours ago, dx100uk said:

no its not correct they have done it under gdpr etc etc.

 

Not sure I understand what you mean there.  

I have been sporadic with submitting readings but their estimate is close to actual

[dx100uk]

they can't just blindly sent an email that you owe to the other adults in the property. no.

 

was this always octopus or were you Iresa originally?

 

dx

 

 

[nousernamewanted]

No, never been with them.  It was originally GB Energy, they went bust, Co-op took over now Octopus took over from them

[dx100uk]

and historically how long have you been in debt to them.

[nousernamewanted]

The debt goes back about 4 years

[dx100uk]

smells bad to me

get an sar off to them.

 

so you've always been behind with payments for 4yrs and does any of this debt date back to the time before octopus took over?

[nousernamewanted]

Yes it does, the debt goes back to the days of GB Energy. 

What happened was that they wanted payment upfront so the account always had to be in credit. 

 

When I got notice that they were going into liquidation, I was nearly 2 payments in credit. 

I cancelled my dd to protect my funds, didn't reinstate it, ran into other difficulties and left it for ages.

I only make online payments and have never been able to address the arrears.

 

I don't dispute the fact that I'm in arrears.

I'm not happy with them sending that email to my son and my ex and that is the issue I want address with them.

[dx100uk]

i understand and agree you should write a formal letter of complaint about the email by royal mail.

 

i also think you should totally dispute the arrears balance, esp as it goes back so long

 

send them an sar and add to the text in it that you want statements/bills dating back to the gb energy a/c.

[nousernamewanted]

Do you know if there are template letters to follow or if the complaint needs to be in a certain format and quote any regulations?

[dx100uk]

no simply write what you did here

keep it short and simple.

[nousernamewanted]

Great. Thank you