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Court on Tuesday re Debt ACI/ Perch LTD

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  • Court on Tuesday re Debt ACI/ Perch LTD

    I rented out my old home between 2015 and 2021. Its unfurnished and no every was used during void periods. During the first tenancy the tenants changed suppliers to Scottish Power and it took some months to establish this all communication was sent to the property and was not in my name ( a slight misspelling) After opening the letters I contacted Scottish power provided them with my correct name, home address and meter readings. Scottish power tried to insist I owed over £500. I advised that I only owed standing charges and sent a letter with a cheque making clear this was full and final settlement for the period up until July 2018 as I did not owe money for any usage. This was cashed. The first tenancy was from May 2015 to Feb 2017.

    After refurbishment (and a Court case with a rogue tradesman) the property was let out again and fully managed by a lettings agent between September 2018 and April 2019 . After the tenants left giving no notice it became apparent that the agent hadn't provided any information to Scottish power who tried to insist the debt was mine despite being provided with details of the tenancy.

    The property was let out a third time between June 2019 and July 2020. I informed Scottish power and provided readings. whilst being let and just prior to the Tenant moving in I was advised that squatters had moved into the outhouse on the property. The tenant advised she would take readings and inform Scottish power. However I was still receiving bills for some reason and again emailed over details of the tenancy. I continued to receive bills. When the tenant left neighbours advised that the tenant had left the property some months prior, hadn't secured the property and again someone had made entry by breaking a window and had run amok for some time before police became involved.

    I redecorated the house and put it up for sale later that year and an offer was made in December 2020. In March 2021 just as the sale was about to complete I received an email from the buyers solicitors, whilst the buyers had been visiting an agent of Scottish Power was in the process of making entry and passed details of the warrant and debt to them. On the same day I received a letter from Scottish power advising that a prepayment meter had been installed.

    Having then contacted Scottish Power to try and find out where the keys to the property were and how this had occurred without my knowledge it transpires that despite my home address being on the system as the communication address, all info regarding Court, the warrant and payment metres being fitted were sent to the rental property. I made a complaint over the phone about it being a rental property and having provided copies of tenancies (which I did again), breach of data protection and nobody knowing where my keys were. I offered to pay for the standing fees during the void periods but was advised I couldn't pay anything until the complaint was resolved, which would take 8 weeks. I complained that this process would take too long and would cost me much more than I owed in standing fees (approx £250) as I was paying a mortgage and council tax as well and was putting the sale at risk. Scottish power failed to phone me back at agreed times to discuss the complaint on a number of occassions.I wrote a number of complaints including to the ceo about the situation and eventually received an email in early April 2021 apologising for the poor service and was informed that the metres and balance zero.

    I received two further bills one in May 2021 and June 2021 slightly reduced as all previous bills had only been estimated ( from £2100 to £1500), but was advised that these were automated and would continue whilst the complaint was being investigated. I received an email in May advising that time to respond to my complaint had expired but that they were still investigating. I never heard back from them ever again.

    Fast forward to 2023 I received letter from a debt recovery service. I contact them provide copies of Tenancies. They stop contacting me. A little later another debt agency does the same. Again I contact them a d provide copies of leases and they stop contacting me. Then last year ACI/Perch started to contact me trying to claim £2100 I ignored them. Instigated a money claim for £1500. We attended mediation in December 2024 but this didn't really happen as I advised I had an email from Scottish power advising that I owed nothing . I was asked to provide a copy to ACI which I did that day and was advised that they would be in contact in due course.

    In Feb 25 I received directions from the Court, the claimants needed to pay the trial fee before 8th July or the case would be struck out, costs awarded to me and both parties to serve papers no later than 2 weeks prior to hearing on 5th August. I phoned Court on 8th July. No trial fee had been paid by the claimants. Consequently it was a surprise to receive some papers from ACI on 18th July and some more on 21st July, the last possible day I phoned Courts again on 18th and no trial fee had been paid. I managed to write a witness statement and provide a copy of all tenancies, bills (most of which I've kept) and demands from debt recovery agencies as well as some emails of tenancies to Scottish power ( some I've done at a previous place of work as I don't have a scanner), written complaints I've made etc and sent them to Court and Claimants via email and one day late by post in case Court was going ahead. I phoned Court yesterday and claimants have now paid trial fee.

    ACI/ Perch appear to be very underhand trying to claim £2100 initially, and not serving papers until the last minute and paying a trial fee late. I assume the burden of proof is on them to prove I owe the money?



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  • #2
    Claim was dismissed. The judge advised that the email I had from Scottish power in April 2021 advising that I owed 00.00 on the accounts or pre payment metres was fatal to the claim

    Comment


    • #3
      Well done.

      Comment


      • #4
        That’s brilliant news for you what happens so you had a e-mail from the creditor Scottish power confirming you owe £0 or was it a technicality e.g you the broken legislation etc ?

        Comment


        • #5
          Originally posted by UGCAIAGG View Post
          That’s brilliant news for you what happens so you had a e-mail from the creditor Scottish power confirming you owe £0 or was it a technicality e.g you the broken legislation etc ?
          What happened was Scottish Power cooked up and then cooked again. Despite me providing details of the last tenant in the property and a management company providing details of themprevious tenant, scottish power kept writing to me except for when it came to getting a warrant to enter the property which was in the process of being sold, then their agents provided confidential information to my buyers who happened to be attending the property, then they failed to, respond to complaints I made. I think writing to the chief exec advising of the situation and the fact it was risking my sale and costing me lots of money re mortgage fees and council tax, led to a customer advisor being told to write to me about the fact that I owed nothing so that I could reassure the seller and progress with the sale.

          It wasn't a technicality

          Comment

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