Old Debt and it's Enforcement
Discussion
Good Morning everyone,
One of my close friends is in a bit of a rubbish situation and I'm not sure where she stands. She's a single Mother in a private rented house, she has been there around 14 months, she moved from another house with her partner to this house, before she lived there she was in another Provate Rented house, this was over 2 years ago now.
Yesterday she received a call from a debt collection company telling her she owes over £2000 formHas and Electricity that is tied in to the old Private Rented property from 2 years ago.
She hasn't had any letter about this as they would have gone to the new address. She isn't even sure the debt is down to her as when she lived there she was up to date (I know this because I helped her sort her bills at the time and was present when she spoke to the Gas and Electricity Suppliers)
The Compmany she spoke to yesterday have not supplied any information on the debt,mad in dates of it being used and why it's so high an amount, they have also said that now it is in their hands she can't speak to the suppliers as its been sold on.
She has explained that she is a single mother of 2 and can't afford a lump sum payment and asked to be placed on a repayment scheme, they have said that unless she pays £1000 by a week on Friday they will take her to court. She was also accused by one of the call centre staff that she should have thought about this before trying to "avoid" her debts. She genuinely had no idea it existed until yesterday.
I would normally help but being self employed and having such a short time frame £1000 isn't do-able for me right now. She can afford it and feels like she has no options, she's talked about getting a PayDay Loan but that's just throwing cash away.
Where does she stand legally? Can they just press on with these tactics and provide no details? What can she do if she genuinely can't pay? Any advice would be greatly appreciated as she's in a mess about it all now and I'm currently awaiting another tearful phone call.
Many Thanks.
One of my close friends is in a bit of a rubbish situation and I'm not sure where she stands. She's a single Mother in a private rented house, she has been there around 14 months, she moved from another house with her partner to this house, before she lived there she was in another Provate Rented house, this was over 2 years ago now.
Yesterday she received a call from a debt collection company telling her she owes over £2000 formHas and Electricity that is tied in to the old Private Rented property from 2 years ago.
She hasn't had any letter about this as they would have gone to the new address. She isn't even sure the debt is down to her as when she lived there she was up to date (I know this because I helped her sort her bills at the time and was present when she spoke to the Gas and Electricity Suppliers)
The Compmany she spoke to yesterday have not supplied any information on the debt,mad in dates of it being used and why it's so high an amount, they have also said that now it is in their hands she can't speak to the suppliers as its been sold on.
She has explained that she is a single mother of 2 and can't afford a lump sum payment and asked to be placed on a repayment scheme, they have said that unless she pays £1000 by a week on Friday they will take her to court. She was also accused by one of the call centre staff that she should have thought about this before trying to "avoid" her debts. She genuinely had no idea it existed until yesterday.
I would normally help but being self employed and having such a short time frame £1000 isn't do-able for me right now. She can afford it and feels like she has no options, she's talked about getting a PayDay Loan but that's just throwing cash away.
Where does she stand legally? Can they just press on with these tactics and provide no details? What can she do if she genuinely can't pay? Any advice would be greatly appreciated as she's in a mess about it all now and I'm currently awaiting another tearful phone call.
Many Thanks.
what a s
tty situation to be in and I'm not sure where she stands legally.
I would suggest there must be evidence somewhere from the previous supplier that money was due - I appreciate you suggest you helped but no one knows what goes on behind closed doors.
If the debt company refuse to offer concrete evidence by way of outstanding bills etc. relating to her tenancy then let them take her to court.
Proof will have to be served by the debt company and then she will have an opportunity to prove her innocence.
tty situation to be in and I'm not sure where she stands legally.I would suggest there must be evidence somewhere from the previous supplier that money was due - I appreciate you suggest you helped but no one knows what goes on behind closed doors.
If the debt company refuse to offer concrete evidence by way of outstanding bills etc. relating to her tenancy then let them take her to court.
Proof will have to be served by the debt company and then she will have an opportunity to prove her innocence.
Not a good situation to be in, however, I assume she has all the bills and receipts from the period she was in the other house, particularly the final payments? Proof of meter readings would also be useful, such as the inventories at take over and hand over. Also the dates of occupation from the tenancy. Armed with all this she should have no problems.
PurpleMoonlight said:
She needs to write formally to the claimed creditor, deny any liability and ask for proof of debt.
The creditor must then cease all enforcement action until they have provided this and given the claimed debtor time to challenge it.
This, supply companies make mistakes all the time, or the tenant who moved in after her may have given a wrong (or no ) initial reading. At the very least, it will give her some time. The creditor must then cease all enforcement action until they have provided this and given the claimed debtor time to challenge it.
Firstly she shouldn't acknowledge the debt or enter into any agreements.
Meanwhile she should ask over on this forum.
http://forums.all-about-debt.co.uk/#
Meanwhile she should ask over on this forum.
http://forums.all-about-debt.co.uk/#
PurpleMoonlight said:
She needs to write formally to the claimed creditor, deny any liability and ask for proof of debt.
The creditor must then cease all enforcement action until they have provided this and given the claimed debtor time to challenge it.
Exactly this. I had a couple of debt collection letters regarding utility bills for a house that I had rented 5 years previously with nothing but an amount that I owed and payment details. I went on Moneysaving expert and modified a couple of their template letters basically denying the debt and asking for proof. I heard back from one saying that no further action would be taken and the other just disappeared (I assume to launch a fishing expedition with someone else who used to live there).The creditor must then cease all enforcement action until they have provided this and given the claimed debtor time to challenge it.
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