Being threatened with LBA for an old debt not in my name

[Liam2345]

I've been getting some letters lately from bwlegal threatening a letter before claim on a debt which I know wasn't in my name at an address I lived at 6 years ago. They aren't including the dates of the bills on the letter.

British Gas decided to transfer it to me because the landlord told them I was liable as I was living there at the time and took on the gas bill later on (under a different account which I paid in full). The original account was in the landlords name and he expected me to pay the bills for him, but because of disagreements about other things I refused and took a separate account under my own name from a certain date. This is over 6 years ago, other people lived at the property but the landlord didn't.


Not sure what the best course of action is if they do send the letter before claim.

[echat11]

You need concrete facts that will help you defend any claim from a creditor.

Depending on the dates, if the debt is over 6 years, you haven't made any payments or admitted the debt in writing, then the debt might well be statute barred, meaning that they can't recover the debt through the Courts.

a) You could send the following template, but need to get the facts right i.e. dates (has 6 years passed), payments, communications etc. Make sure you get Proof of Postage.

https://legalbeagles.info/forums/for...ed-debt-letter

b) You could send British Gas a SAR request, they have 30 days to provide all the data (for 6 years, hopefully they may have data beyond 6 years) they hold in your name. You can email it to privacy@centrica.com , depending on what they send, go through it to make your case.

c) You could raise a Formal Complaint with British Gas, explain what's happened and that the debt isn't yours as you had account in your name, that the landlord is trying to palm the other debt onto you.

[Liam2345]

Hi
Thanks for your reply I requested a SAR but it got delayed with some identification requirements they wanted I'm expecting it back in a couple of days

I now got the letter of claim which states the debt was owed from 12th July 2015, I have never acknowledged the debt, would you think it is best to respond with a statute barred letter at this point, stipulating it is regarding the allegedly owed amount.

[echat11]

Hi
Thanks for your reply I requested a SAR but it got delayed with some identification requirements they wanted I'm expecting it back in a couple of days

I now got the letter of claim which states the debt was owed from 12th July 2015, I have never acknowledged the debt, would you think it is best to respond with a statute barred letter at this point, stipulating it is regarding the allegedly owed amount.

As long as you haven't made a payment or acknowledged the debt in the last 6 years for the account in question, you can send a statute barred letter. If they pursue it, be prepared to defend the claim.

[Liam2345]

Can they pursue it if it's statute barred? I could ask for more information, I never held that account.

[echat11]

Can they pursue it if it's statute barred? I could ask for more information, I never held that account.

Thing is they have to accept that it's 'statuted barred', providing they accept that, it will be an end to the matter.

So what you are basically saying is that an account that's not yours is 'statute barred'.

[Liam2345]

Well they have an assigned date from last year which seems ridiculous? But it says I 'entered into an agreement' in 2015, which I didn't. I haven't lived at that address for very close to 6 years and I paid the bills.

[echat11]

Well they have an assigned date from last year which seems ridiculous? But it says I 'entered into an agreement' in 2015, which I didn't. I haven't lived at that address for very close to 6 years and I paid the bills.

What you could do is send the following template, that the debt isn't yours, but integrate the statute barred template in to the template below.

So the debt isn't yours, but in any case it's statuted barred.

https://nationaldebtline.org/sample-...-not-owe-debt/

[Liam2345]

I sent the letter re statute barred and requested more information, they have sent a final statement dated July 2017 with massively inflated 'late payment fees'. But that isnt the date they are using in the letter before action. Are British Gas able to reissue a debt with late payment fees 2 years after the supply finished?

I found some previous demands for payment for this from Moorcroft in 2017 which I previously denied owing and I never heard anything else, could that help now?

I have asked for the SAR from Centrica but they are being very obstructive and giving me the runaround with passwords they never send to access the information, I have threatened to complain to the ICO if they dont give me the means to access the documents is there anything else I can do re Centrica and the SAR? I think they will have earlier dated final statements, I no longer have them though.

[MIKE770]

after 30 days then report them on line to

Contact us Live chat - Get help and support - Scotland office - Wales office

Make a complain

[Liam2345]

after 30 days then report them on line to

Contact us Live chat - Get help and support - Scotland office - Wales office

Make a complain

I would do but technically they gave me access with a link which needs a password they never sent, right at the end of the 30 day period, it was over 14 days ago and the link expires after 14 days and I didnt have chance to follow up till now.

[echat11]

a) I sent the letter re statute barred and requested more information, they have sent a final statement dated July 2017 with massively inflated 'late payment fees'. But that isnt the date they are using in the letter before action. Are British Gas able to reissue a debt with late payment fees 2 years after the supply finished?

They can do that, but that might backfire because of OFGEM's 'Back Billing' rules, they can only bill you for the last 12 months usage.

b) I found some previous demands for payment for this from Moorcroft in 2017 which I previously denieb)d owing and I never heard anything else, could that help now?

Possibly.

c) I have asked for the SAR from Centrica but they are being very obstructive and giving me the runaround with passwords they never send to access the information, I have threatened to complain to the ICO if they dont give me the means to access the documents is there anything else I can do re Centrica and the SAR? I think they will have earlier dated final statements, I no longer have them though.

Email them, the following 'chase' template -

https://ico.org.uk/your-data-matters...h-the-outcome/

[Liam2345]

[QUOTE=echat11;n1618341]a) I sent the letter re statute barred and requested more information, they have sent a final statement dated July 2017 with massively inflated 'late payment fees'. But that isnt the date they are using in the letter before action. Are British Gas able to reissue a debt with late payment fees 2 years after the supply finished?

They can do that, but that might backfire because of OFGEM's 'Back Billing' rules, they can only bill you for the last 12 months usage.

I just reviewed the statement and the bulk of the charge is apparently due to a 'meter reading adjustment' in July 2017 I hadnt lived there for 18 months at that point, would this be something I could raise with them?


The letter from BWLegal doesnt mention that though it says the charges are for 'brought forward balances and late payment fees'.

I have found letters from 3 other DCAs now but they none state the debt was assigned

[echat11]

[QUOTE=Liam2345;n1618342]

a) I sent the letter re statute barred and requested more information, they have sent a final statement dated July 2017 with massively inflated 'late payment fees'. But that isnt the date they are using in the letter before action. Are British Gas able to reissue a debt with late payment fees 2 years after the supply finished?

They can do that, but that might backfire because of OFGEM's 'Back Billing' rules, they can only bill you for the last 12 months usage.

I just reviewed the statement and the bulk of the charge is apparently due to a 'meter reading adjustment' in July 2017 I hadnt lived there for 18 months at that point, would this be something I could raise with them?


The letter from BWLegal doesnt mention that though it says the charges are for 'brought forward balances and late payment fees'.

I have found letters from 3 other DCAs now but they none state the debt was assigned

You need to get the SAR data, then go through everything, use a spreadsheet, so you know what is what.

Even if you tell them about 'meter reading adjustment' in July 2017 I hadnt lived there for 18 months at that
point', you are going to go around in circles because they don't seem to be listening to you.

You need to make it easy for them so they understand your position.

[MIKE770]

I would do but technically they gave me access with a link which needs a password they never sent, right at the end of the 30 day period, it was over 14 days ago and the link expires after 14 days and I didnt have chance to follow up till now.

tell them in paperform DSAR response and give them furhter 7 days get proof of posting (free). they must follow your request.