British Gas - Taken back incentive payment

[dori2o]

I signed up to British Gas In September last year after one of their salesmen knocked on the door.

 

I signed up afetr he told me that by joining them for both Gas and Electricity, I would get a £53 credit on my Gas statement as a thank you for signing up. This was confirmed on a leaflet he gave to me.

 

I wasn't sure as they were the highest priced suppliers, but the salesman said, just switch over until the credit is due, gt it on your statement and then switch to someone else.

 

So I took the plunge and switched. The transfer took place on the 3rd November for gas, and the 7th November for Electric.

 

When I got my bill after 3 months there was no credit on there, so I caled them up. They explained it would be on the next bill issued and that if I gave him the correct meter readings for both gas and electricity, they would send out the new bill which would include the £53.

 

This they duly did, then a week later I requested a transfer to another supplier (via the comparison site)

 

The transfer of Electric wen through on the 26th March, and the Gas changed over on the 17th April.

 

I've just had my final gas bil from British Gas and they have taken the £53 credit off me and are requesting it back.

 

Is this right, can they do this. The leaflet I have does not mention having to be with them for 12 months etc, only that I should have both gas and electric supplied to the property at the time of the credit being issued, which is correct, I did have both gas and electric supplied at the time the credit was issued.

 

On 17th May I sent this.

 

I write in reference to the Final gas bill you sent to me dated 26 April 2007 (photocopy enclosed).

 

As you can see from the copy enclosed I have highlighted one of the entries, specifically, an adjustment of £53 which was made on the 23 March 2007.

 

This £53 I presume is the 1 months free gas I was given for signing up to yourselves back in September 2006. Enclosed is a copy of the leaflet I was given on the day I signed up to British Gas. On the reverse side you can see note 1 clearly defines the conditions regarding the credit.

 

I see no reason for this amount to be debited back from my account as I have adhered to the conditions for payment.

 

I require a full explanation of this within the next 14 days, until this situation is resolved I advise that this account is in dispute and no further payment will be made to the account.

 

Yours faithfully

 

This was received by BG on 19th May- recorded delivery.

 

Today i received this, no other correspondence since 17th May other than this.

 

Mr Dori2o

 

We have been instructed by British Gas Trading to recover an overdue debt, in the sum of 121.94 on their behalf

 

Our clients have informed us that they are unaware of any legitimate reason for non-payment of their account and although they would prefer an amicable settlement, will not hesitate to commence legal proceedings if necessary.

 

Please call our 24 hour payment line immediately on 08717001841 to make payment by credit or debit card. Payment is also accepted ionline at buchanan clark + wells online payments. Alteritave methods of payment are detailed overleaf.

 

Should there be any matter that you would like to bring to our attention or if you wish to discuss your financial circumstances in relation to the debt, please call us immediately.

 

Yours

 

Buchanan Clark & Wells.

 

I have phoned them today, and advised that I sent the dispute letter, they said it was not their problem and they will collect the money.

 

I am now going to send this letter.

 

I refer to your letter dated 12 July 2007. Your clients, British Gas Trading, are aware that this matter is in dispute, and your involvement is therefore a breach of the Office of Fair Trading Guidelines on Debt Collection.

 

Physical/psychological harassment

 

 

s. 2.5 Putting Pressure on debtors or third parties is considered to be oppressive

 

s. 2.6 Examples of unfair practices are as follows:

 

(d) not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

(e) not informing the debtor when their case has been passed on to a

different debt collector

(h) ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

 

 

 

 

 

Deceptive and/or unfair methods

 

 

s. 2.7 Dealings with debtors are not to be deceitful and/or unfair

 

s. 2.8 Examples of unfair practices are as follows:

 

(i) failing to investigate and/or provide details as appropriate, when a debt is

queried or disputed, possibly resulting in debtors being wrongly pursued

(k) not ceasing collection activity whilst investigating a reasonably queried or

disputed debt.

 

 

I am therefore unable to assist you, and will not enter into further correspondence with you.

 

If you contact me again, other than to confirm that you understand and will comply with your obligations under the OFT guidelines by passing this account back to your client, I shall construe such contact as harassment and act accordingly. This will include reports to the police, Information Commissioners Office, Trading Standards and the OFT.

 

A copy of this letter has been sent to British Gas Trading.

Yours faithfully

 

 

And will send this letter to BG

 

I write in reference to the letter I have received from Buchanan Clark + Wells, who I am advised have been instructed by yourselves to collect the disputed amount that is owed on my account.

 

You are fully aware that this account is in dispute and by continuing to try and collect this amount without trying to resolve the dispute, you are in breach of the OFT’s guidelines on debt collection.

 

I made it perfectly clear in my notice of dispute that no monies would be paid to this account until the dispute had been resolved.

 

As you have taken no steps to try and resolve this matter, no payment will be forthcoming at this moment.

 

Yours faithfully.

 

Can anyone help any further?

[BankFodder]

Contact the regulator.

I have found that these people start to take complaints very much more seriously when the regulator is involved

[dori2o]

OK will do.

 

I'm still going to send BG the above letter, but I only have the address that is on the bills which is

 

House Contact Centre

PO Box 50

Leeds

LS1 1LE

 

Can anyone confirm another address I should use?

[gondukin]

I would recommend sending them a cheque for what you owe them (actually owe them ie less the £53), along with a letter of complaint, address to their Customer Relations Team, British Gas Trading, Admail AA3119, Southampton, SO14 0NU. If you don't receive a satisfactory response within 14 days, take bankfodder's advice and go to either energywatch or the energy ombudsman.

[dori2o]

Took the advice off here.

 

I have paid BG the balance of the account less the £53.

 

I have written to The Energy Ombusdman.

 

Tonight I got a call at 16:26 from Buchanan Clark and Wells

 

Here's how the conversation went.

 

- Hello

 

- Is that Mr Dori2o

 

-Yes, can I ask who this is

 

-This is Buchanan Clark and Wells, can you confirm your address for me please.

 

- No, I cannot

 

-Why?

 

_I don't know you are who you say you are.

 

- You have spoken to us on many occasion.

 

- I beg your pardon, I have not. I have spoken to you once when I called you, and I have written to you.

 

- So you do know who we are

 

- I cannot confirm that you are who you say you are.

 

-Mr Dori2o, we need to discuss when you are going to pay this amount.

 

- I'm not talking about it over the phone, if you want to correspond with me you will have to write.

 

- No we'll just call back later.

 

Then he put the phone down.

 

I hope they call back, it's quite fun letting them get all wound up.

 

They have received the letter I sent as I sent it recorded, but obviously they don't seem to care.

 

Or could it be they are so thick, they don't understand?

 

Just about to send them the template that tells them to write to me only.

 

Any other advice would be helpfull.

[dori2o]

I've had a letter and a Litigation letter from Buchanan Clarke and wells today.

 

They state that they have contected their clkient, BG Trading and they have advised that they have not received and letter of complaint from me, and know nothing about the dispute.

 

They state in there Intended Litigation letter that they feel this matter is closed and if I do not pay the outstanding bal;ance they will proceed with a CC claim.

 

I have proof that BG have received both the leter I sent to them.One was to BG Trading and one went to House Contact Centre, where I was advised to send the letter to.

 

Both were sent recorded and both have been signed for.

 

I'm tempted to let them take nme to court and show the judge the evidence that they have broken the OFT guyideleines, and have not dealt with the dispute at all.

[dori2o]

Bump

 

Anyone have any suggestions?

[2Grumpy]

I would write to BG using registered mail to confirm that

 

1. the account is in dispute

2. you have paid the bill less the amount in dispute

3. you have complained about their handling of the case including the use of a dca

4. that they are responsible for the conduct and harassment carried out by their dca

5. that you will require compensation for the actions of bg & dcas when this is resolved

6. that any legal action will be contested and a counterclaim entered

7. that you require them to actually look at the situation and resolve it

 

keep a copy of the letter

 

 

Grumpy