debt collection agencies and the law?
August 302009
i recieved a letter today from a debt collection agency who were working on behalf of powergen claiming i owed nearly £900 for gas for the house i moved out of in nov last year.
i spoke to powergen who agreed i owe them nothing and have said they will send a letter confirming this, esp as the account wasnt even in my name.
They claim they have the name of the current occupant and therefore wouldnt have set the debt collectors my way. when i asked how they got my name powergen said they didnt know but it wasnt from them and that debt collectors have their own way of tracking people down. the debt collection agency are refusing to tell me how they got my name. How can i find out how they got my name and what effect will this now have on my credit rating…i am wanting to buy a house next year.
I am appalled that they can send me a letter telling me to pay in 7 days or i will be taken to court for a debt that isnt mine and never would have been as i wasnt an account holder!
hi robert c thx for that no they cant prove it as i am not responsible, it was a rented house and i have evidence form the landlord of the dates i moved out and what the meter readings were, powergen have also said they will send me a letter confiriming that i owe them nothing, so effectively the debt collectors are working without authorisation and sureky that cant be legal?
I would write to the debt collection agency, and tell them that you do not acknowledge the debt, and would like to see the paperwork relating to the debt, under the Data Protection Act. Send them a postal order made out to them for £1.
If a debt is in dispute, they should be law put a hold on the debt until its sorted. It could be a genuine mistake with powergen, sending the wrong persons details to the debt collectors. The debt collectors should send you the paperwork so you can see whats happened.
I would also check your credit report with Experian and Equifax, to see if anythings been added incorrectly about the debt, although its unlikely as it hasn’t got to the court stage.
Also, post in the consumer action group forums as well. They have forums dealing with debt collection problems, and have a lot of very knowledgeable people who Im sure will be able to give you more advice.
Don’t worry about it though, the Debt Collection agencies pile on the threats, but it can always be sorted out.
August 30th, 2009 at 3:05 pm
First…stop panicking.
Second…make an appointment with the Citizens Advice Bureau.
Third…Remember that these scumbag companies always use scare tactics….so don’t get scared!
Fourth…remember the onus is on them to take you to court and then prove that you are liable. Can they do that?
If they can’t…you can counter sue them for wasting your time.
References :
August 30th, 2009 at 3:46 pm
Tell powergen to not only send you a notice that you aren’t the guilty party but to send one to the collections agency.
Then you call the collections agency and tell them to fix your credit record or you’re going to sue them for everything they have and then some for defamation of character, false accusations, undue grief and suffering and anything else you can think of.
References :
August 30th, 2009 at 4:23 pm
I would write to the debt collection agency, and tell them that you do not acknowledge the debt, and would like to see the paperwork relating to the debt, under the Data Protection Act. Send them a postal order made out to them for £1.
If a debt is in dispute, they should be law put a hold on the debt until its sorted. It could be a genuine mistake with powergen, sending the wrong persons details to the debt collectors. The debt collectors should send you the paperwork so you can see whats happened.
I would also check your credit report with Experian and Equifax, to see if anythings been added incorrectly about the debt, although its unlikely as it hasn’t got to the court stage.
Also, post in the consumer action group forums as well. They have forums dealing with debt collection problems, and have a lot of very knowledgeable people who Im sure will be able to give you more advice.
Don’t worry about it though, the Debt Collection agencies pile on the threats, but it can always be sorted out.
References :
http://www.consumeractiongroup.co.uk/forum/
http://www.equifax.co.uk/
http://www.experian.co.uk/