FORMISTER, I do apologise. For some reason I've not been getting any reply notifications by email. I thought this thread had died a death, as it were. At any rate, typically I've heard nothing from them ever since my last post. Clearly too much hassle to answer a legitimate query when there are plenty of old dears who'll pay up under duress of their threats. Much less paperwork and hassle for them, that way. As it stands I'm of the mind that I've been entirely reasonable, documented everything, and have proof of their ineptitude. Clearly this wish for this matter to go away, and since the date of alleged default precedes my DRO, I'm going to just ignore them. It'll drop off my credit file (if indeed it's even on there) well before my insolvency does anyway. No skin off my nose. If they ever resurface I shall take great delight in leading them a merry dance; perhaps even issuing proceedings for harassment. Thanks again for all your help. I realise, as I said, that this is a late reply but I didn't want you to think I was being ignorant - now that I've seen it at least! Cheers.

Thanks for the reassurance. I know about SB debts and how that all works, but with an ongoing dispute I didn't know if it could drag on due to the DCA updating the CF (the same way as acknowledging a debt can make it last 20 years if you keep on chipping away at it with token payments). That's a weight off my mind - my CF's screwed for six years anyway. I had to obtain a DRO after my kidneys failed and we were made homeless (i.e. massive drop in income). I'll let you know what happens.

That's exactly what happened to me when I first moved house. I had a call from Spark informing me they 'owned' the supply, and I set up quarterly billing (cash) on the spot. Not a week had gone by and I was receiving letters from BCW and another DCA, both threatening to take me to court, turn up at my doorstep, steal my children and eat them etc etc. This was 'resolved' after a MONTH of complaints to Spark, after they finally admitted they'd made "another mistake", only for it all to start again in March when the first genuine quarterly bill arrived. It was paid in full, via bank transfer, four or five days BEFORE the due date. That didn't stop the barrage of DCA letters though... They're bloody incompetent, and I seriously question their fitness to practice. Eventually some guy (pretty sure he was called Steve, but I could be wrong) who said he was a manager heading up Finance spoke to me at length on the phone. He acknowleged the harassment his company had put me through, apologised a few times, and assured me I had a nil balance upon my transfer away to British Gas. Until their email five months later, that is...

[ATTACH=CONFIG]25960[/ATTACH][ATTACH=CONFIG]25959[/ATTACH] For anyone interested, my final (?) draft is attached, with the relevant personal information XXX'd out. Be warned that it's four pages long, but much of it is hashed together from Library letters and can be skipped through. I know it's overly long, but it isn't repetitive and I do like to make them work. My solicitor once remarked that he 'always looked forward to reading [my] letters to DCAs with relish' so hopefully I've done something right lol Cheers.

Drafting a letter now. Would you mind awfully if I posted a blacked-out version on here as a PDF when I'm done, so that you/others might check it for brevity and accuracy? I've just had a wonderful thought. The 'final bill' email above, from Spark, sent in October 2010 states that if I wish to pay I can use (amongst other options) their 'Collection Agency' (i.e. payment processor), BCW. At NO TIME have I been informed by Spark that BCW are acting in an enforcement capacity, nor that they are instructed to collect what is now allegedly an overdue debt. BCW have likewise failed to supply any form of Deed of Assignment. As such, on reflection I consider BCW to be nothing other than a THIRD PARTY - a glorified payment processing centre. This was Spark's own words in their final bill email - right??..... I don't deal with Third Parties, thanks. ?...

Oh Formister, what a wonderful reminder; thank you! I'd actually tried this with a previous annoyance, who actually took the hint and went away at the first "Any further correspondences will be charged at £x, and phone time billed at £x per 15 minutes with a 15 minute minimum charge. Continuing to engage in correspondence with me constitutes acceptance of these terms, and you will be invoiced at your registered address accordingly". That was a couple of years ago now, I'd never in a million years have thought of this one without your prompting. Bravo! I'll send a nice note to this effect first thing, recommending they instead refer back to the OC for a proper answer to my complaint... should be fun! If it comes to it, I'm currently on benefits due to my health conditions, so it'll cost me nothing to sue the grotbags. You just turned this into a great deal of fun. Thanks again!

Pretty much what I thought to be honest. I just wanted to make sure before I put my foot in something I shouldn't! I'll just hang fire now and see what they come up with, if anything. To be honest I'm more concerned about having an ongoing default attached to my credit file. The DRO is bad enough of course, but at least it'll only be on there six years. If they keep on chasing and updating this, it could roll on for ages and ages, affecting my file for even longer. We'll just have to see what happens next I suppose.

Further info... You can skip this post if you like, it's just the initial correspondence. From Spark, sent in October 2010 (five months after the supply ended): Note that the attached 'final bill' stated it was for the period ending September 2010... I left them in May 2010 - hence my confusion, and refusal to pay until the matter was clarified. First dispute email, followed up in writing. Sent to both BCW and Spark's complaints team: Then the fun and games started!...

Many thanks for your helpful reply. When you refer to the 'prove it' letter, do you mean "General debt letter if you know nothing of the debt"? (Sorry I can't link, I'm under 20 posts). If so I've already sent something much to the same effect, yes. Five months later this is still ongoing. I'm basically at the point of sending them an Arkell v Pressdram and suggesting that they cease threatening and either (1) issue immediately into court without further notice so that I can defend and counter-claim for their ridiculous behaviour or (2) go away and stay away, closing the file behind them. I've said all along that should they demonstrate why I'm meant to owe the sum stated, then I'll be happy to arrange payment as best as I can (considering I'm currently in the moratorium period of insolvency!). They're just not interested in responding to requests, just generating more Threat-o-Matic nonsense. They DID claim (on 2nd March in a phone call) to have sent a full written response to my dispute, resolving it completely.... I asked to which address, and they gave my current residence. I said something like "That's funny dear, I only moved in the other week and didn't give you my new address until yesterday - a full WEEK after you claim to have posted mail to me. Are you psychic?". She got pretty mad (lol) and said she was mistaken, and that it'd been sent to the address the supply was billed from.... which I again pointed out that I'd informed them TWICE in writing that I hadn't lived at that address for six months so I'm certainly not receiving mail there. I asked for a copy to be issued to my new address, then I would address their alleged resolution and reply as required. Funnily enough, no post has arrived in that vein and certainly no copy of the alleged dispute resolution letter. I await your thoughts, as I'm quite undecided here. Obviously I'm happy to arrange to pay up if it's genuinely owed, but if they point-blank refuse to demonstrate this, how am I meant to pay? That doesn't stop the ongoing threats though lol I've already revoked their implied right of access to my property under common law, as they threatened to send around a 'debt investigation officer'. I pointed out that OFT guidelines say they need to make an appointment, which I have no wish to do so etc etc. We're essentially somewhere between stalemate and them issuing into court. I'd be interested to see a judge's response to their claiming on a disputed debt, especially given my reams of letters asking for clarification, assistance and proof so that I can pay; which has all gone unanswered! ARGH! I hope this isn't too rambly - I'm not quite my usual self at the moment. Too many pain killers lol

Thanks for the replies guys. The back billing code doesn't seem to apply here. Also unfortunately the energy ombudsman said they're not interested, as the account was started over 9 months ago (WTF?). I contacted Consumer Direct and the OFT and both said they won't get involved, can't offer advice and that it's basically nothing to do with them. Hence my head banging against a brick wall. I'm in kidney failure at the moment and could really do without this, but there's just no end in sight. Short of paying up in full (when I don't believe the alleged debt is legitimate) I can't see any real resolution. I'm really uphill on this one, and it's usually me advising others (penalty charges, DCAs etc). As I said I placed this in the Utilities section because I believe there are different sets of legislation governing energy debts as they involve things such as warrant of entry etc... hence my worry! Can anyone please kindly offer further advice? I'm at my wits' end.

Hi, This has been going on for some months now, but I've kept careful records and copy correspondence, and will try to outline the brief facts so as not to bog anybody down. * We moved into a rental property in December 2009 * Spark Energy contacted us to say they 'owned' the supply, and we set up billing with them * Almost immediately we were inundated with DCA letters on behalf of Spark for bills that hadn't even been generated, a week after we moved in! * Spark apologised, and my first (and only) quarterly bill was paid early by bank transfer * I transferred to British Gas due to poor CS from Spark (and the false DCA issues!) and this was complete in May 2010 I obtained a Debt Relief Order in July 2010, for unrelated debts. This was on advice of my solicitor, and all went smoothly. Spark Energy, meanwhile, had apologised for all the DCA letters I erroneously received, and claimed I had nil balance. Unfortunately they didn't send this in writing, but several months elapsed with no event. In October 2010, Spark emailed me out of the blue and said they had a new computer and 'realised' that I owed them a sum of money (approx £135) for my previous supply. They said they'd already placed the matter with their DCA, BCW (before even informing me the 'debt' existed!!). BCW have hounded me by phone and letter ever since, despite me writing on no less than FOUR occasions by recorded delivery and email to Spark and BCW to dispute the alleged debt. I've sent the harassment letter, and told them the account is disputed, but their calls (which I answered due to 'number witheld' - as it could have been the childrens' school) said they don't consider my dispute valid. Normally I'd just CCA them, resend the dispute letter and wait for them to go away or validate the alleged debt so I can address payment. But since they're collecting for an energy supplier I believe there are different rules and laws applicable? Spark have ignored ALL written correspondence from me, and refuse to take my calls. This is contrary to their own complaints procedure, which I pointed out to them... and they summarily ignored me again. PLEASE can anyone help with this? My solicitor said because the amount is "so small" (under £200) public funds won't allow him to act for me, so I'm stuck. It's my contention that the debt does not exist, is vexatious and harassing. Should any debt be proven to exist, it's my contention that their delayed billing was simply a tactic to avoid being listed on my DRO. I'm willing to provide more detailed information, copy correspondence etc, should anyone wish to see it. Many thanks in advance.

Sorry to "hijack" this thread, but I felt this was likely the best place to let you all know of my experience and complaint regarding Collect Direct. I'm a CAG member already, but found this thread through Google when searching for info on these ****. Long story short I'm disabled, got into debt and am half way through obtaining a DRO. My creditors, except Triton and Collect Direct, have been fine about this and left me alone. When the others need to ask/check something, the write to my solicitor. Collect Direct, instead, seem to prefer to phone my mother - who I don't live with, haven't for 10 years, and to whom I have no financial link. I was forced to ring them today simply because they kept ringing Mum to ask her for my phone number. This is despite them having my solicitor's letters of authority on file, as well as knowing I'm also registered disabled and classed as vulnerable. The guy, in short, was an ass. He told me the debt was still with Citi, so he didn't need a deed of assignment to pursue me. Great I said, that means my solicitor's signed authority still stands - go and speak to him instead! He said he couldn't do that because the debt was with CDUK now so I'd need to send a new signed authority. Talk about contradiction. "In that case," I said "without a deed of assignment you have no legal right to pursue this debt lawfully. Go away!". He continued to say he would (quote) "Get a CCJ against you before you've had time to reply to the court, and there will be consequences". I asked him to confirm he'd just committed a criminal offence by misrepresenting his powers, as well as the legal system, in order to obtain a pecuniary advantage??..... I would have 28 days to acknowledge any claim, and a further period to file a defence, thank you! He went very quiet. He then started to drone on about how he'll not remove mum's number and that he WILL continue to ring her until I supply him my own number so they can harass (sorry, "contact" haha) me instead. I'll be sending a letter by recorded delivery today to make sure they understand in no uncertain terms that they will very much be removing that number, and maintaining future correspondence in writing, or else! The relevant part to this thread: I've reported this to Trading Standards, who have forwarded it to the Leeds office for investigation and if necessary, enforcement. They are not happy at the conduct of Collect Direct and said they will be applying for their tapes if necessary. I have a feeling their tape recorder will have been "broken" today though. I wish I could afford a recorder! Anyway the point of my ramble is to add a +1 to this thread. Don't be bullied, don't give in, stand your ground and report them to the authorities! Nice to know that they're already under investigation by the OFT (thanks Fluffy Cat), so I'm happy to add my statement to the pile. Don't put off your complaints folks, it's so EASY! Trading Standards are really helpful, respectful and polite - they really do "hold your hand". Nothing to worry about, and you feel like you've got your own back, awful as it sounds. Thanks for letting me vent, and good luck to everyone facing these clowns. You're not alone.

Hi guys, I helped a guy I met on a forum to sue an online retailer, via a Welsh County Court. Basically, in summary, he purchased goods to the value of ~£50 in Feb 2010. The goods were faulty on arrival, and he arranged to return them for a refund. The parcel was sent by registered courier, and arrival was signed for. The company failed to reimburse my friend - giving many excuses - and he was at a loss. I offered to help him write a Letter Before Action and then later to draft and submit an N1. He/we duly received Judgment in Default this month. The company finally responded to the court after the default was filed, and were (quote) "in constant communication with [the court]". The defendant offered to pay the total amount (approx £88 after court fees and statutory interest) direct to the court, rather than to my friend/the claimant direct. The court agreed. No payment was made, and I began advising my friend about the procedure surrounding bailiffs. I suggested he sent a final demand for payment first, making clear that failure to pay after 7 days would result in application for a bailiff's warrant to enforce the CCJ. The company beat him to it however, and their liquidator has served my friend with a bundle/report stating the company owes a lot of money and is going bankrupt. It would seem the company failed to refund my friend (and others?) because they knew they were sinking, and "played along" (even if that meant silence) until the liquidation became formal. My friend has a Creditors Form to fill in, and I could use some help in advising him please. It asks if he is a PREFERRED CREDITOR. Since he has a CCJ against the company, rather than being a simple unsecured creditor, is the answer "yes" to this question?? Any help/advice would be very gratefully received. I know it's "only" £88 but it's the principle as my friend is out of pocket. TIA.

I saw the solicitor today, and provided him with all the relevant documentation (budget sheet, creditors list etc). He's happy to proceed with an application for a DRO and will be writing to the creditors and agents involved to take over the handling of correspondence. He's advised me to place a complaint with the OFT (as several people have in this thread). I took great pleasure in making one final phone call to each creditor/DCA to confirm their postal address for correspdondence and informing them my solicitor was taking over the case. Several (notably CapQuest) tried to extract "the minimum payment we can accept to hold your account - £70"... I was quite calm and happy to tell them to foxtrot oscar; and that I didn't really care whether or not they held the account as my solicitor was being paid to handle all that. They didn't find that too amusing. I made one final call to Triton (who were so abusive and rude to me recently). As pure good luck would have it, the same 'agent' answered my call today... haha... I took great pleasure in calmly informing them that it was just a courtesy call, that no thank you I wasn't intending to pay anything, and was simply ringing to provide them with my solicitor's address and contact details. I made double sure to let the "lady" know that following her "colleague's" behaviour the other day - I was using the call recording I'd saved to report them to the OFT for harassment and breaching the OFT's guidelines. To say she quietly had kittens is an understatement, as she knew full well that SHE was the agent with the questionable conduct I was talking about. She became much more brown-nosey after that. LOL So all in a good day. Things are moving forward and I've been told to refer any callers to my solicitor's office number so he can make a log of their continued harassment. He seems confident the calls will stop pretty quickly now. Thanks again for all the advice.

Thanks for the replies. A TrueCall isn't really feasible since it's a mobile number, but since I'm in contract I'm pretty sure my provider will be happy to discuss a new number or else call barring. Thanks for the suggestions re: Trading Standards and my MP (I hadn't thought of that one!). Plenty to chase up now, and feeling rather more optimistic. It's nice to be reminded you're not alone in these matters; since I'm usually the one dishing out the advice it's rather back-footing to be suddenly on the receiving end of things! Cheers.