resolvecall - court threat letter scottish power 'debt'

[flexeh]

Hi ive recieved this today and its a little worrying so was hoping someone can advise on what i can do.

 

ResolveCall.

 

Dear sir/madam

 

despite several attempts we have been unable to contact you to discuss the above Scottish power energy retail limited account.

 

this being the case, we will now apply to the local magistrate for a warrant of entry under the rights of entry (gas and electric) act 1954

 

one of our agents from resolvecall will attend dudley L.J.A magistrates' clerk's office, the inhedge, dudley dy1 1ry on the 28/1/2011 at 0915 hrs. in order to obtain the warrant, you are entitled to attend.

 

once obtained the warrant will enable us to lawfully access your premises in order to disconnect your supply, the warrant will be executed within the next 28 days,

 

all related costs including locksmith charges are payable by yourself and will be persued along with the outstanding debt. these costs will be a minimum of £275.

 

should you have any queries regarding the warrant application or any other issues please do not hesitate to contact 0844 257 8535

 

yours faithfully

 

june hart

[Revenant]

Hi flexeh

You'll need to post up more info re the alleged debt before anyone can give realistic help

Is the alleged debt yours/have you asked for proof or disputed it etc

Regards

R

[flexeh]

yes its my debt,

 

i made some mistakes a few years ago and got in trouble with electric,

i had a payment plan of 140 a month with scottish power which was difficult due my income,

 

they kept bumping it up without asking me,

and tried to get 180 one month,

i defaulted then, and we tried the prepay meter route,

problem was when metering services come they refused to fit one, because i live in a block of flats top floor and the meter is outside in a communial cupboard which tennants are not allowed a key for,

 

i can get in using the old screwdriver trick but according to metering services councils black list the flats from having one.

 

so 2 months gone by been waiting for SP to come up with something but instead get this letter.

[flexeh]

just got hold of the court, they advised that there is a case. and 9 times out of 10 these companys get the warrant

[harrassed senior]

OK, so, are you on any Benefits, if so I know for sure that Scottish Power deal with this:

 

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10025592

 

Hopefully if you set this up Court Proceedings will be cancelled.

[flexeh]

I was originally when it all spiralled out of control but I work now but money still tight. ShoulD I go to court n hope judge takes pity or what ... Hope u can advise x

[Bazooka Boo]

Full of hot air threats designed to scare you if you ask me....

But even so - just to be on safe side, contact the court in question to find out what (if anything) is going on & if something is happening, what you can do about it/what rights you have etc...

Its not for these clowns to say what will happen if they go to a court - the court has the authority, not them.

 

Er, not entirely correct, nor helpful, they are indeed factually correct in that they can and do obtain these types of warrants in respect of utility bills, this is NOT a run of the mill consumer debt.

 

You MUST attend court, and you MUST contact Scottish Power regard this and inform them what you have just said above.

 

Ensure you complete an I&E form and take it with you to court, and produce this to the Judge if possible. However it may be to your benefit to send a copy of this to ScottishPower along with your proposal for payment, but this MUST be realistic, and comfortable, as you will be paying it for a while. £140 a month is unrealistic, however you should make the Judge aware that when you were paying this originally, SP kept taking more money than was agreed, causing you financial hardship, if you have any proof of this then take it with you.

 

However, you need to get in touch with SP and hopefully get them to pull this back from the court and their tame DCA.

[flexeh]

Er, not entirely correct, nor helpful, they are indeed factually correct in that they can and do obtain these types of warrants in respect of utility bills, this is NOT a run of the mill consumer debt.

 

You MUST attend court, and you MUST contact Scottish Power regard this and inform them what you have just said above.

 

Ensure you complete an I&E form and take it with you to court, and produce this to the Judge if possible. However it may be to your benefit to send a copy of this to ScottishPower along with your proposal for payment, but this MUST be realistic, and comfortable, as you will be paying it for a while. £140 a month is unrealistic, however you should make the Judge aware that when you were paying this originally, SP kept taking more money than was agreed, causing you financial hardship, if you have any proof of this then take it with you.

 

However, you need to get in touch with SP and hopefully get them to pull this back from the court and their tame DCA.

 

What's a I E form? It's not they took more money they demanded more. I'm thinking of writing a letter to present to the judge explaining the circumstances n what sp did as sp don't listen no more they say they want so much cash before they consider a payment plan.

 

Would I actually be in the room to speak with the judge? I know it invites me but someone said you are bunged in a room and dnt actually see the judge.

 

This is just a stress I don't need 8( but thanks for your help and continued advice

[NailPost]

This type of case gets heard before magistrates courts and while there are district judges the majority are presided over by lay persons advised by a clerk. Attending court and explaining the circumstances from your point of view means that the magistrates won't automatically approve the warrant. This is something that has to be dealt with.

[Bazooka Boo]

Sorry, an I&E form is an Income & Expenditure form.

http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

Or something similar to that, this will then allow the judge to actually see what you can comfortably afford.

[flexeh]

This type of case gets heard before magistrates courts and while there are district judges the majority are presided over by lay persons advised by a clerk. Attending court and explaining the circumstances from your point of view means that the magistrates won't automatically approve the warrant. This is something that has to be dealt with.

 

So would writing a letter be good thing then but in this do I just say how the debt got up to how it did and what I had in place with sp and why it all broke down ?

[flexeh]

Oh also if I requested the debt be frozen at what it is and then get sp to start my balance from 0 so I can separate my usage from my debt n work out you think they would allow tht?

[Bazooka Boo]

You can but ask, but I wouldn't hold my breath, as regards the court case, you really should attend, it will only go in your favour, fill out an I&E form prior to it, and have some notes regarding how this all came about, and that they kept changing the amount you had to pay etc, You really need to get in touch with SP ASAP and start a dialogue with them, again this will go in your favour.

[harrassed senior]

From personal experience Scottish Power are not easy to deal with. I have an amount taken from my pension on a weekly basis which they only credit to my account every 4/5 weeks, however, I was and still do get bills that do not show any payments. I tried to sort this out with them, I tried CA who wrote and telephoned 3 times and got no action. Eventually I telephoned and told them to discontinue my supply. I told them I would not use any further Electricity until I had paid my debt, and that way I would know what was actually happening. By this time my bill was nearly £2000!. I eventually got a call from the area manager who asked me to read my meter on a daily basis and he would call in a week or so. True to his word he did, he told me I must have been very frugal that week and I said, no, I just left everything as was. Said he would look into it further. Never heard another word from him, but, a week or so later I got a 're-calculated' bill and low and behold I now miraculously only owed £400!!!.

 

However, for 2 years now, this is the 3rd year, (I am all electric, no gas), I have lived in one room through the winter and really cut down on my usage so that the amount stopped from my pension should be reduced. Not so, I had been on a 'social tarriff' and when it came to renewing this, I was not eligable because my bill was no longer high, so, cutting down cost be my place on the social tarriff, they still stop £25 per week from my pension, and I use no heating!!.

[Bazooka Boo]

Complaints procedure HS, and get Ofgem to look into it as well.

[Guest jsa12]

i might be wrong but my understanding these warrants are granted in bulk,they can and do apply for access to their meters'. normally to fit card or key prepayment types to recover the debt.

 

really disconnection should be avoided but some companies are very quick to send out disconnection notices these days and are often rude at call centers when referred to their collection departments for telephone discussion.

 

try and avoid prepayment meters as this is not classed as a disconnection even though the consequences could equally mean that if credit runs out.fortunately some areas such as those covered by private gas transporters cannot have these type of gas meters as they cannot service them as they don't have the facilities to carry out any work.

[ScottishPower Company Rep]

Hi flexeh

 

The best advise I can give you is to take time to contact us and discuss your account so that you are fully aware of the options open to you. The first thing you really need to know is how much electricity are you using at the moment. How much does this cost per month and is there an alternative tariff that you can go onto which will lower your monthly expenditure. Once this has been confirmed, you then need to address the current outstanding balance. Make sure that when you call you have a note of the current meter reading. We can then look at the length of time that this balance can be paid over, i.e. 12 months, 24 months etc.

 

It will not be possible to seperate the debt from your ongoing use as you will be making one payment towards your account. If you are claiming benefits, then contact us with an accurate meter reading and ask that we send you a statement with the account being billed to these meter readings. You will then be able to contact your local DSS office and ask for a Fuel Direct payment plan to be arranged with ScottishPower to cover ongoing use and to clear the outstanding balance on your account. If this is agreed, then money will be taken from your benefits at a much lower rate than we will normally offer on a monthly Direct Debit tariff. The current rate for Fuel Direct for debt recovery is £3.30 per week.

 

You are better to speak with us as soon as possible to dicsuss the options available to you rather than leave this any longer and risk having a default marker placed on your credit file.

 

Let me know if you have any further questions and I will be happy to help.

 

Kind Regards

 

Colin @ ScottishPower

[Bazooka Boo]

Could kick myself for forgetting your on here Colin!

 

As Colin says flexh, give them a ring, I am surprised you've not done so yet, then pop back and let us know how you get on.

[ScottishPower Company Rep]

Hi Bazooka Boo

 

No need to be bashing your head against a wall ! I am always here to help where I can. If I miss a post or you think that I may be able to help a customer then do not hesitate to PM me and highlight the thread to me or even direct a customer to me.

 

Kind Regards

 

Colin @ ScottishPower

[Bazooka Boo]

Ditto..RTFQ.

[Bazooka Boo]

OK Tony, not to detract from the OP and the help he needs, BUT, utility bills/debts ARE dealt with in a completely different way to ordinary consumer debts.

 

IMO

Like i said - i reckon its aload of hot air personally designed to intimidate & no one will turn up at the court.

IS NOT hot air, that is exactly what they DO and WILL DO.

 

Even so only court appointed bailiffs/officials can turn up & even that would be after a full process has been gone through (contact from the court to the debtor)

Correct, ONLY court certified bailiffs can ever be sent to your home, BUT they DO NOT need to go through any 'full' court process in order to send court certified bailiffs to a property in relation to a utility bill/debt (water bills negated)

 

i'd be surprised if anyone from resolvecall even knew how to disconnect the supply! lol

They don't and they won't, hence why they are stating Bailiffs will do that job for them.

 

If the courts are handing out warrants to any Tom, dick or harry then that raises serious questions.

Again they don't, courts ONLY issue warrants to those legally allowed to enforce them, councils, court certified bailiffs, Police, Fire Brigade, even if a member of the Ambulance service required entry into a building to preserve life, they would need a Police Officer to force entry as the PO has the courts authority.

 

My problem with your initial statement is that should another person, unaware of their rights come across this thread, and they read your reply, would go away believing that bailiffs and DCA's are one and the same, they are not, just because a DCA threatens court/bailiff or legal action DOES NOT mean it cannot be carried out, it all depends on what the debt is for, and to some extent the amount.

 

Anyhow

[flexeh]

on this I&E form am i allowed to edit it? certain things i require aint on here but alot of things i do have on here i dont need.

[jimbo45]

Hi there

WHY ARE TOTALLY DISPORPORTIONATE CHARGES ALWAYS ADDED TO PEOPLE LEAST ABLE TO AFFORD THEM.

 

What sort of interest rate is 3.30 GBP A WEEK on the initial debt. Maybe Scottish Power should give up the Power business and go into Banking.

 

A year at this rate is around 180 GBP which is probably around 50 % of a typical users ENTIRE electricity bill.

 

How can they justify this type of "collection charge".

 

While not condoning non payment of LEGITIMATE BILLS its about time this whole area of punative and EXHORBITANT fees were made ILLEGAL -- it's always those who are in the worst financial situation who seem to be stung with this stuff.

 

Cheers

jimbo

[flexeh]

Just got in touch with SP, managed to avoid court now, i advised i could not pay off the 790£ and that i would like a payment plan, they at first said ok we will do that if you pay off 25% now, which i cant do either,, after some discussion they agreed 10% off right now, so theres 79 quid gone. and they used my last meter reading which they believe i use 94 pound of electric a month, ..... which baffles me to be honest. so they said the only thing that could do is set up 120pcm DD, i advised thats a bit high and agreed that i will pay 110 pcm at the moment. and pay any extra money i have. i did advise that my circumstances may change and that i have had to reapply for my job and there is no gaurantee that i will be in work soon, but i was quick to bring up fuel direct.

 

ideally im going to be monitoring my usage for a while and then when its lower, ask for the DD amount to come down, as i only agreed that amount because of the 94 pound usage.

 

least ive avoided court, i called the DCA to advise and they double checked with SP. Colin any chance you can pm me bud with the tariffs, cuz i dont use that much electricity so maybe im on a high tariff.

[jimbo45]

Hi there

Your usage seems high. I have a detached house and am not "Green" in any sense of the word -- but I DO check I don't have appliances left in Standby, Electric Immersion heaters on all day, loads of expensive electric radiators etc etc.

 

Check you haven't got expensive appliances such as the above switched on for long periods.

 

With primarily Gas Central heating and cooking my Electric bill is around 600 GBP a year which includes using garden power tools etc.

 

Incidentally two snippets of information that might be helpful to you .

 

1) A Utility company CANNOT cut off supplies if the COSTS for the SUPPLY have been paid. THIS IS ONLY FOR THE SUPPLY -- Not "Collection fees" "court costs" etc.

For recovering THESE external costs normal "Civil" debt legislation applies - but remember this is not Consumer Credit.

 

2) When paying off arrears the money paid must go to the ENERGY USED FIRST BEFORE any "FEES"

 

So you could technically tell them to Foxtrot Oscar once you've paid the outstanding ELECTRICITY BILL. They would possibly attempt a CCJ but there's still nothing they could realistically do if you didn't pay up.

 

The Warrant for a Bailiff can only be used in this case for DISCONNECTING THE SUPPLY if money for THE SUPPLY hasn't been paid.

 

Bailiff's powers are nothing like as great as people seem to think they are --and in most cases using them to recover Civil Debt is absolute rubbish - A typical houshold would probably only have a VERY small amount of stuff to be worth ANYTHING at public Auction.

 

Using them for disconnection of supply or evicting tenants etc is another issue of course.

 

Cheers

jimbo

Edited January 27, 2011 by jimbo45