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I'm new here and really hope you can help. My brother split up with his wife in 2006 and the British Gas account was in his name. Some time later they started to chase payment for an outstanding bill but he was not living there for the period in question. When he left he tried to change the account into his wife's name but for various reasons this did not happen straight away. Over the years he has received a few letters and phone calls from Buchanan Clark & Wells demanding payment but has ignored them. Recently though they have started again with 2 phonecalls in December and 2 so far this month. He has repeatedly told them he wasn't living at the address at the time but they say he needs to prove this. How does he stand legally? Yes the account was in his name but only due to British Gas' mistakes. I've advised him to keep ignoring them as I figure that if they were intending on taking him to court or sending in bailiffs then they would have done it by now and not have waited nearly 7 years! (sorry for lack of paragraphs - I can't see how to do them)
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Re: Help please, Buchanan Clark & Wells & British Gas
Stop speaking to them on the phone, refuse to answer any security questions and tell them to put in writing. To send in Bailiffs they need a CCJ first. If this is from 2006 then as long as he has not acknowledged it will be Statute Barred, has he checked his credit files. -
Re: Help please, Buchanan Clark & Wells & British Gas
Its not his responsibility to prove that he wasn't living there, it's their responsibility to prove that they are entitled to be chasing him for a real debt.
What is the date that he last paid the bill and when does the alleged bill end? If those dates are more than 6 years ago then the debt is statute barred even if he was responsible.Comment
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Re: Help please, Buchanan Clark & Wells & British Gas
He hasn't checked his credit files. What does Statute Barred mean please? I don't understand why they have let things drag on for so long?Comment
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Re: Help please, Buchanan Clark & Wells & British Gas
They said it's from February to August 2006. Does this mean they can't do anything?Comment
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Re: Help please, Buchanan Clark & Wells & British Gas
BCW are just a debt collector - no powers and often get debts that are at the bottom of the barrel. Statute Barred is for debt that has 6 clear years - 5 in Scotland - since a payment was last made or the debt being acknowledged. The debt still exists and the Creditor or debt collector may still ask for the money, however the debtor should write and inform them they will not be paying. The chances are that BG have written the debt off, BCW have bought it for a pittance and are trying to capitalise.Comment
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Re: Help please, Buchanan Clark & Wells & British Gas
Plod has summed it all up neatly.
Ignore these muppets. In the words of MissFM "Give them the finger"!Comment
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Re: Help please, Buchanan Clark & Wells & British Gas
I never paid a large(ish) British Gas final bill in 2004 because I was abroad. I never heard anything and in 2007 I reconnected with them and they didn't seem to have any record of that debt. Would be SBd by now but even in 2007 it never came up! :grin:Comment
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Re: Help please, Buchanan Clark & Wells & British Gas
Thank you so much for all your help. I'll tell him to say they need to write so then he will have a case number to write back to quote the statute barred thing. I'll keep you posted!Comment
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Re: Help please, Buchanan Clark & Wells & British Gas
Don't get engaged in conversation with them though, they always try to do that.Comment
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Re: Help please, Buchanan Clark & Wells & British Gas
On top of what Kafka says above don't let him get into letter tennis. He can safely ignore what hets sent, only time to worry is if he receives a Claim Form (N1) from the Court. If he does write to them to say the debt is SB & he has no intention of paying then make sure he puts at the beginning of any letter(s) " I do not acknowledge any debt to your Company or any that you may represent" - I would also suggest he does not sign either.Comment
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