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Debt Collector chasing for Energy bill from a previous property 4 years late

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  • Debt Collector chasing for Energy bill from a previous property 4 years late

    Hi,

    Received one of those unexpected letters where money is owed for an account which was deemed closed.

    The History

    My partner had been living in a rental property for roughly 2 years, when initially moved in there was a dispute on the account as the first bill was astronomically high for one person living in a flat for 1 month from the summer months. My partner assumed the previous tenant had not paid bills, as it was discovered the previous tenant was evicted out of the property prior to my partner moving in (This is what the letting agent said). This was queried and rectified with the energy supplier and DD payments setup as per their calculations which was fine for the next 2 years.

    Upon moving out, a payment was taken (by DD) on moving out date and a subsequent payment the following month, don't have the paperwork to hand but no further charges on the account for the next 3-4 years, I assume according to data I have the last payment is the final payment which is the case when I personally have switched energy suppliers.

    Fast forward to 2018, 2 property changes and a letter is received for an outstanding balance on the account via a debt collector agency.

    Call with supplier

    Called up supplier and queried the situation, representative advised the following: The balance has been written off on your account with "SupplierX". I asked if there was anything owed to which I was again told it was written off. I queried further and was then informed it was sold to an agency to recover.

    I again queried about the balance and history and how this came about to which I was told:

    There were no direct debits on this account but have taken the following payments over the course of two years: "£6XX, etc etc, with last two payments of £5X.XX. I asked how they took these payments to which she couldn't answer as the system doesn't say.........and I would have to call another department who aren't open.

    I was then told the final bill was not paid when my partner moved out. I queried the final bill again, (at this point I managed to login to the online account too), I asked when it was generated to which was told a month in 2016, the online account matched this, it took them 18 months to generate the final bill (I of course queried this), I was then informed this was due to some errors with the readings being put in incorrectly (Supplier fault) according to the "new" final bill there is a meter reading at the beginning and one at the end of the tenancy period, all of the other readings in between were estimated. The first reading on the account seems very low and looks like they are trying to claim for the previous tenant.

    To also add the online account had been entirely wiped out with no information on there other than said Final bill and unwilling to provide me with historical information on the account other than what is on the final bill generated in 2016.

    Second call with supplier

    Spoke with a representative who couldn't make sense of the account and agreed things don't add up and needs to queried, a complaint was raised (I have this reference) and data access request for all account information since the start of the contract to which I was told roughly 28 days to deliver this.

    I have the recorded calls with the supplier too.

    Where do I stand / What can I do?

    I am being chased by an agency who the supplier don't have on file as sending the debt to. It looks like the apparent debt with supplier was sold to X company and picked up by Y agency.

    I have been collating all the information and not much of it make sense, apparent contact was attempted, letters sent to original supply address even though supplier is aware of change of address, when the final fill was raised in 2016 my partner was with me in our second property for over a year, again supplier on the phone claimed contact was attempted and search carried out to locate my partner, I can confirm my partners credit report reflects all dates when moving properties so I'm somewhat confused as to why they couldn't get an address.

    On another call I was also informed there had been issues with suppliers systems and they cannot access the historical data for 2012.

    Could I please have some advice as to

    A) how/what do I need to respond to the agency with?
    B) it's 19 days in since data access request, chase or wait?
    C) can the supplier do this considering the lack of information?
    D) any advice as to any other steps to consider?

    Thanks
    Tags: None

  • #2
    Hi, could anyone help at all?

    Comment


    • #3
      one for you maybe slainte caragh ??
      Debt is like any other trap, easy enough to get into, but hard enough to get out of.

      It doesn't matter where your journey begins, so long as you begin it...

      recte agens confido

      ~~~~~

      Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

      I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
      But please include a link to your thread so I know who you are.

      Specialist advice can be sought via our sister site JustBeagle

      Comment


      • #4
        Hi
        I’m in Glasgow at the mo!!
        will take a proper look when I get home
        PLEASE NOTE: I work irregular hours including nights and sleep in shifts. If I have not responded in 48 hours, please ask an admin to Messenger me!

        "If you ever feel alone, remember, I am just the other side of the rainbow, or just south of the North Star. Whichever is closer." - A.J Murphy. 17/3/1974 - 16/03/1997 (RIP babe <3)

        Comment


        • #5
          Hi slainte caragh,

          Have you had a chance to have a read? Could really do with some advice.

          Many thanks

          Comment


          • #6
            Originally posted by malachi View Post
            On another call I was also informed there had been issues with suppliers systems and they cannot access the historical data for 2012.
            The above could be good for you as the current owner may not be able to produce the required documentation to sucessfully win a claim in the county court. Your SAR however will determine whether they will be able to or not.

            Originally posted by malachi View Post
            A) how/what do I need to respond to the agency with?
            B) it's 19 days in since data access request, chase or wait?
            C) can the supplier do this considering the lack of information?
            D) any advice as to any other steps to consider?
            A) Send them a letter asking them to prove you owe the alleged debt and prove they own it.I hope admitted the debt to the agency? I fear you have phoned them and tried to reason with them though, am I correct?

            B) Wait, they have 40 calendar days to respond to an SAR under the Data Protection Act 1998.

            C) Yes, they can sell the debt to anyone who'll buy it, whether that anyone can actually get any money out of you is their look out.

            D) Not at this moment in time.
            COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

            My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

            Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

            Comment


            • #7
              Hi sorry for the delay, just got back from my little holiday in Glasgow.

              Ok, first in the 18 months between you leaving the company and them producing a bill, did you query this at all?

              Did you change address when you changed supplier, if so did you give the company a forwarding address?

              How long has it been since you began disputing the bill?

              Did you take a meter reading when you changed supplier (Callie's helpful hint, ask the new provider what their initial reading was )

              If you can provide me with this, I can look in to if back billing is in order, and if the final bill is indeed correct
              PLEASE NOTE: I work irregular hours including nights and sleep in shifts. If I have not responded in 48 hours, please ask an admin to Messenger me!

              "If you ever feel alone, remember, I am just the other side of the rainbow, or just south of the North Star. Whichever is closer." - A.J Murphy. 17/3/1974 - 16/03/1997 (RIP babe <3)

              Comment


              • #8
                [QUOTE=jaguarsuk;n1406935]


                A) Send them a letter asking them to prove you owe the alleged debt and prove they own it.I hope admitted the debt to the agency? I fear you have phoned them and tried to reason with them though, am I correct?

                I have not called the DCA, only the Energy Supplier to dispute the bill and request for proof and all data including payment transactions. The Energy supplier conveniently only has readings from from start to finish but nothing in between.

                Thanks

                Comment


                • #9
                  slainte caragh
                  Originally posted by slainte caragh View Post
                  Hi sorry for the delay, just got back from my little holiday in Glasgow.

                  Ok, first in the 18 months between you leaving the company and them producing a bill, did you query this at all?

                  No, the final bill payment was taken after 1 month of the move out date. No payments taken after that or even now. It was claimed they recalculated the final bill 18 months later.

                  Did you change address when you changed supplier, if so did you give the company a forwarding address?

                  My partner would of given the first address change which were in the property for around a year, the online account reflects the address. We then moved into another property, as we were unaware of any issues we wouldn't of contacted them to say we have moved address considering we didn't use them to supply energy at the new addresses.

                  How long has it been since you began disputing the bill?

                  Only found out about it last month through DCA letter.

                  Did you take a meter reading when you changed supplier (Callie's helpful hint, ask the new provider what their initial reading was )

                  Partner cannot remember, but according to the bill there are only three readings in total, one at the beginning of the contract, few months before end and one at the at end of the contract, I did query this as surprised there was nothing in between but apparently information is on a system which cannot be accessed.

                  If you can provide me with this, I can look in to if back billing is in order, and if the final bill is indeed correct

                  Comment


                  • #10
                    [QUOTE=malachi;n1407352]
                    Originally posted by jaguarsuk View Post


                    A) Send them a letter asking them to prove you owe the alleged debt and prove they own it.I hope admitted the debt to the agency? I fear you have phoned them and tried to reason with them though, am I correct?

                    I have not called the DCA, only the Energy Supplier to dispute the bill and request for proof and all data including payment transactions. The Energy supplier conveniently only has readings from from start to finish but nothing in between.

                    Thanks
                    Excellent, don't admit anything.
                    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                    Comment


                    • #11
                      Got em!!

                      They cannot bill you more, or indeed chase you for any amounts, added more that 12 months after the date of the bill!

                      Contact them and tell them that they are back billing, that you clearly provided meter readings therefore the discrepency is their fault and you shall be awaiting adequate and timely compensation.

                      if they argue the point, follow their complaints proceedure (a must) and also contact the Ombudsman!


                      Put simply, a supplier can’t seek additional payment for unbilled energy used more than 12 months prior to the error being detected and a corrected bill being issued.

                      The protection may not apply if you have behaved obstructively or unreasonably which prevents your supplier from accurately billing you. For example, by physically blocking more than one reasonable attempt by the supplier to take a meter reading at your property or if you have stolen gas or electricity.

                      To help your supplier give you accurate bills, we recommend that you provide regular meter readings to them, and tell them when you are moving in or out of a property. But we don’t expect that not responding to a request for meter details or readings from your supplier means you are behaving obstructively or unreasonably. How you’re protected

                      Your supplier can’t ask to be paid for unbilled energy used more than 12 months ago, if you haven’t been accurately charged for this usage before. Suppliers must make these protections clear in their terms and conditions.

                      Our backbilling rules apply to both domestic and microbusiness customers. The protection for microbusiness consumers will come into force in November 2018.




                      Get 'em Our Kid!!

                      Callie
                      PLEASE NOTE: I work irregular hours including nights and sleep in shifts. If I have not responded in 48 hours, please ask an admin to Messenger me!

                      "If you ever feel alone, remember, I am just the other side of the rainbow, or just south of the North Star. Whichever is closer." - A.J Murphy. 17/3/1974 - 16/03/1997 (RIP babe <3)

                      Comment


                      • #12
                        slainte caragh
                        Originally posted by slainte caragh View Post

                        Got em!!

                        They cannot bill you more, or indeed chase you for any amounts, added more that 12 months after the date of the bill!

                        Contact them and tell them that they are back billing, that you clearly provided meter readings therefore the discrepency is their fault and you shall be awaiting adequate and timely compensation.

                        I have it on recording they admitted the error was made on their end with regards to the meter readings, so as it stands the only information I have available to me is this new final bill generated 18 months later which I have been disputing and already raised a complaint to which I have not had a response as yet. Do I contact them again to have the debt removed? Is there a templated response availble which I can send to Energy Supplier which would give me a sufficient response to get rid of the DCA? (The DCA sent third letter now stating the amount has been lowered)


                        if they argue the point, follow their complaints proceedure (a must) and also contact the Ombudsman!

                        Should I raise with ombudsman prior to response from Energy Supplier?


                        Put simply, a supplier can’t seek additional payment for unbilled energy used more than 12 months prior to the error being detected and a corrected bill being issued.

                        The protection may not apply if you have behaved obstructively or unreasonably which prevents your supplier from accurately billing you. For example, by physically blocking more than one reasonable attempt by the supplier to take a meter reading at your property or if you have stolen gas or electricity.

                        No obstruction actions were ever taken, it was a rented apartment to which their engineers can gain access to meters which are stored in a central location for all apartments.

                        To help your supplier give you accurate bills, we recommend that you provide regular meter readings to them, and tell them when you are moving in or out of a property. But we don’t expect that not responding to a request for meter details or readings from your supplier means you are behaving obstructively or unreasonably. How you’re protected

                        Your supplier can’t ask to be paid for unbilled energy used more than 12 months ago, if you haven’t been accurately charged for this usage before. Suppliers must make these protections clear in their terms and conditions.

                        We have been with two suppliers since moving properties and things have been fine, smart meter now and they readings have been accurate.

                        Our backbilling rules apply to both domestic and microbusiness customers. The protection for microbusiness consumers will come into force in November 2018.




                        Get 'em Our Kid!!

                        Callie

                        Comment


                        • #13
                          You will need to complain to the supplier first, the Ombudsman will refer you back to the supplier until 8 weeks have gone past from the initial dispute.

                          Tell the DCA the account is in dispute and that it needs referring to the initial creditor, they will try everything for a payment, tell them to shove it!

                          When you send a complaint to the Ombudsman, send them the paperwork admitting fault and quote backbilling.
                          PLEASE NOTE: I work irregular hours including nights and sleep in shifts. If I have not responded in 48 hours, please ask an admin to Messenger me!

                          "If you ever feel alone, remember, I am just the other side of the rainbow, or just south of the North Star. Whichever is closer." - A.J Murphy. 17/3/1974 - 16/03/1997 (RIP babe <3)

                          Comment


                          • #14
                            slainte caragh

                            Hi,

                            Sorry to resurrect the thread but I thought I would double check how to proceed as I have still haven't heard back from the energy supplier with regards to data access request/complaint raised nearly two months ago.

                            The letters from the DCA have stopped too, the last letter said they would refer it back to the energy company. I've at no point made contact with the DCA.

                            I of course don't want to be pursued for this later down the line, any steps I can take now?

                            Many thanks

                            Comment


                            • #15
                              remind the supplier that they have defaulted on a SAR request and that they have a legal obligation to comply.

                              The DCA can be forgotten about, they have done their part correctly. Now you raise a MAHOOSIVE (my new favourite word) complaint about incompetency etc and about any markers on the credit file as the account was not in your name and in a company name. Remind them it is a breach of DPA to keep inaccurate records or supply inaccurate reports.

                              The words Report and Information Commisioners Office used in the same sentence normally work
                              PLEASE NOTE: I work irregular hours including nights and sleep in shifts. If I have not responded in 48 hours, please ask an admin to Messenger me!

                              "If you ever feel alone, remember, I am just the other side of the rainbow, or just south of the North Star. Whichever is closer." - A.J Murphy. 17/3/1974 - 16/03/1997 (RIP babe <3)

                              Comment

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