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Re: Anonyma and Scotcall

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  • Re: Anonyma and Scotcall

    I am having trouble with Scotcall. They sent a letter to my address, addressed to someone I have never heard of "or Occupier", and gave the option of telephoning a premium rate 0870 number or emailing them, so I emailed them, back in February, to say that I am not the person named, I have a different power supplier than Scottish Power, their client, and I pay by direct debit and am not behind. They emailed me back to say I should fax my "tenancy" (sic, agreement?) but if I did ever have a tenancy agreement I don't know where it is, I had far greater problems three years ago when I moved into this housing association house, and I have no access to a fax machine and don't know how to use them anyway. Can't they verify my tenancy by checking with the housing association or the voters register
    ------------------------------- merged -------------------------------
    Anyway, I got another threatening letter from them today, dated 20th March, which totally ignored the email I sent to them in February.

    It reads, "Final Reminder Reference Your Overdue Scottish Power Account, Due to your fialure to contact ourselves with a suitable arrangement to settle your arrears on the above account, this letter now advises you the next step in the process ot recover the outstanding arrears is for our client to instruct us to commence action to go to court and obtain a warrant under the Righto of Entry (Gas & Electricity) Act 1954.

    If this action commences then the warrant will give us the right to enter your premises upon which the following may happen -

    Isolation of your supply, removal of your meter, and possibly it replacement with a prepayment meter if it sis safe and practical to do so.

    If your gas/electric supply is cut off you will incur all charges due, including locksmith costs before your supply can be re-established. These charges will be a minimum of £250"
    ------------------------------- merged -------------------------------
    I emailed them again today and so far have had no reply. I refuse to telephone an 0870 number, as this has nothing to do with me, and its seems as though it would achieve even less than an email anyway. They are choosing to ignore my emails.

    What can I do? Should I contact the housing association and ask them to deal with it? I could get in trouble with the housing association if the meters are removed, and I pay a different power company. It would be really distressing to lose our power. Do the Scotcall bailiffs turn up with the police to prevent violence? Or do I have to call the police when they break my locks? Would a court give them a warrant without proof that they have the right person?

    They obviously aren't listening to me, and plan to go ahead whatever I say in my emails to them.
    ------------------------------- merged -------------------------------
    Who is the onus of proof of identity on, me or them? If theybr do break our locks and take our meters, can I eventually claim the money back from them to restore things, and can I sue them for ignoring my emails and having the wrong person? Is there a case law precedent for anyone suing bailiffs for wrongful identity? Would my emails to them be evidence in court? What could I do in the immediate term to restore power, as I don't have £250 spare, we live from hand to mouth and it is impossible to live without light and ability to cook and heat water.

    Can they get away with sitting back, demanding that I provide proof of tenancy, ignoring my emails and going ahead with sending their bailiffs to take away our meters in spite of what I have told them in my emails to them?

    Can I sue them afterwards and what are my chances of at least getting the cost of reinstatement of my power supply, meters and locks?
    Last edited by anonyma; 24th March 2009, 02:12:AM. Reason: Automerged Doublepost

  • #2
    Re: Anonyma and Scotcall

    Here is some info off here Anonyma, I hope it will put your mind at rest a little when you have read it.
    Also it is best to keep everything in writing to these people as they will ignore emails and never ever phone them.

    Scotcall carry out the actual doorstep calls for a number of companies. They are not bailiffs and have no powers whatsoever. If anyone should turn up, you are under no obligation to talk to them, much less to pay them.

    If they refuse to leave, then they are committing the common law offence of trespass and you can take action against them or whoever instructed them. This is easy to do and can be done via your county court. The usual legal remedies for trespass are to take action for damages if any and/or to take out an injunction to prevent further or continuing trespass, which would be what you should do if you believe they will return.

    You could also write to them and include something like this, along with a proposal for payment, if any.

    This is a letter informing them they have no rights whatsoever, a fact they should know really but ignore anyway. You could send them this if you wish.

    Quote:
    Receiving continual threats by letter, threats of visits, and actual visits quite clearly constitutes harassment. Whilst I am sympathetic to your position of desiring to ensure that your client receives payment, your company's own agenda gives you no right either legally or morally to harass me.

    Your visiting officers will not call at my address. This letter denotes prior written and legal warning that any such visit will constitute trespass and harassment. Normally there is an assumed right of entry to the front door of a property. However this is denied to your employees and agents and any such person as you may instruct in this or any other matter. Any such act will evidently constitute harassment since prior warning has been given.

    Your company will not send me any threatening letters or any other correspondence; you will not visit my property. You may, of course, reply to this letter.

    You have now been informed that any such visit or usual threatening letter, or threats of visits constitute harassment. You will immediately cease. You may, of course, reply to this letter. You will kindly acknowledge in your reply that you have noted and understood the contents of this letter.

    Someone will be along to help you best sort out the fact you are not the person they are seeking.
    Enaid x

    Comment


    • #3
      Re: Anonyma and Scotcall

      Quick question, are their follow up letters still in this other name ?

      Also, I hope you realise that opening mail that isn't addressed to you is actually and offence under the Communications Act 2003.

      As Enaid has said IF they turn up simply tell them to leave as this "debt" has nothing to do with you at all.

      Comment

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