Being chased for a debt that isn't mine! Is an e-mail address okay for correspondence?

[mrgregm]

I hope I have stuck this thread in the right place, I have had a little search for other threads and not sure if I am doing this in the right place so apologies if not!

 

Basically, I once shared a house with two friends one of which was responsible for paying for the gas and electric through SSE.

 

When my friends moved out I changed to British Gas (a mistake it's self - story for another day) and got changed over within about a day of them leaving. I told my ex-housemate to tell me how much my share was of the account with SSE and I would pay him. I never heard anything after that for a long time.

 

However, a company called CRS are calling me and chasing me for a debt to SSE (at silly o'clock in the morning) and sending me texts saying I have not replied to their requests and that they are going to visit the property.

 

I am still in contact with who lives in that house now, and they have not received any post for me.

 

They only have my old address and an abbreviation of my first name which my housemate used to refer to me by, so it looks like he has given them my name and phone number, I never agreed to any liability with SSE and they shouldn't have passed on my details.

 

I am going to write letters to both companies, I am going to look in the templates section.

 

I have two questions really, is there anything else that I might need to consider here?

 

ALSO - can I provide them an e-mail address to respond to instead of my postal address? I don't really want them to come round!

[AndyOrch]

If your name was not on the account then its nothing to do with you.

 

Regards

 

Andy

[unclebulgaria67]

Complaints about energy usage are very specific and complicated in regard to a shared household. You may be responsible in part for your usage of the energy while you were at the property.

 

Can I suggest that you phone the Citizens Advice line on 08454 04 05 06.

 

I suspect that they will tell you to go through the SSE complaints process and to provide them with as much information as you can. You may have to pay a proportion of the bill and then it will be up to SSE to chase the other tenants who lived with you. I believe under the legislation that exists, even if your name did not appear on the bill, you can be held liable for your usage.

[unclebulgaria67]

If your name was not on the account then its nothing to do with you.

 

Regards

 

Andy

 

Not sure that this is correct. Hence suggesting phoning CAB. I believe for Elec, Gas and Water, that legislation allows the utility companies to charge people who were living in a property and using their services, even if they were not noted on a bill.

[AndyOrch]

Check your lease agreement

 

" Basically, I once shared a house with two friends one of which was responsible for paying for the gas and electric through SSE. "

[mikeymack2002]

Well the first thing to do is send off the template letter regarding you will speak to them in writing only, found here http://www.consumeractiongroup.co.uk/forum/content.php?493-Harassment-by-telephone-response-letter

 

if they threaten a doorstep visit the letter is here http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT

 

Having lived in a shared house myself and not named on the bill, that means you had an agreement with the bill payer not the company, if they try to enforce this they are wrong they must address the mail and all contact to the NAMED bill payer, if that's not you then they cannot discuss the debt with you, can they SSE prove that YOU were responsible? I doubt it, because how can they prove you have not already paid the bill payer, this is really a non starter imho.

 

When you say a DCA called crs is this CARS? regardless send the 2 letters to the companies involved and adjust the template to suit your needs, DCA's must abide by certain rules like they MUST be sure that person they are chasing is the ACTUAL debtor, if you are not the named bill payer then then can sling their hook, its just them being a bully as always, just wanting money from someone that will pay just to get their life all peaceful and quiet again. if you can you post up any letter you have, after you have made them into a PDF which I hope DX100 will add the way to do it , my way is to scan it into a pc via scanner open it edit it by taking out all of your personal details including any barcodes as well then copy paste it to word then save as a PDF and then export it to desktop, up load this so we can see exactly what is going on with this. also its advisable to join a credit reference agency to see what is actually on your file, try noddle its free. if its not there you can always let us know. The senior caggers here will tell you this, if the debt is not yours you don't have to pay it.

 

Thx MM

Edited September 26, 2013 by mikeymack2002

[mrgregm]

Well this is the thing... I was paying money to the bill payer, if he didn't keep up with his payments then that is between them and him. I have checked on Noddle and they haven't actually managed to put anything on my file (they don't even have my full name).

 

This is the thing, I probably could just ignore it, but there is always a chance they could get something on my credit file, also I don't want to change my phone number to make them go away and I don't want them hassling the person I know living in that address with doorstep visits.

 

This is why I am dubious about giving them a postal address for them to write to me at - will this mean they can get something on my file?

 

Also, the person still in the old address has told me there isn't any more post for me, I have been round to collect what was there and there was nothing from the DCA.

[unclebulgaria67]

Have you checked your lease agreement that you had or can you get a copy to see what it says ?

 

Can you contact the bill payer to find out what they know about this (if you trust them) ?

 

Then I would suggest that you phone Citizens Advice.

 

Because the bill was not in your name, I don't think they can note your credit record.

 

What you should not do ( which you appear to be thinking of doing) is to ignore this and hope it goes away. It won't !!!!!! Next thing you will have a court claim arrive and then you will have to defend. As I said earlier, I think there is legislation for Gas/Electricity that could make you liable for the use of these utilities, simply because you lived at the address. Your fellow tenant did not pay what you gave to them and that is for you to sort out with them. But I think you need to get some definite advice from Citizens Advice.

[AndyOrch]

" Well this is the thing... I was paying money to the bill payer, if he didn't keep up with his payments then that is between them and him."

 

Precisely ...there is no contract with you..yours is with BG..... there is no cause of action...ignore them or as advised above ring your ex flat mate and ask him why he has an outstanding balance with SSE and you are being chased for it even though you stated " I told my ex-housemate to tell me how much my share was of the account with SSE and I would pay him. I never heard anything after that for a long time."

 

Oh and they cant record anything against your credit files either...if they try.... sue them

[mikeymack2002]

Thankyou andyorch, please poster send off the letter to the DCA and tell the to back off if not you have other legal avenues to pursue, like I said they want money from anyone to fill their pockets, the bill is not in your name the contract is between the signee and the supplier

 

As you stated you paid your share, did you get receipts? if not it's no worries anyways, but for future reference always get them for your protection to save this happening to you again.

 

The DCA has no legal powers they are not bailiff's, so they will lie and say they have more powers than they have, its your not debt at the end of the day. Just inform them in writing only and if they ring up don't go through security and then just hang up, if you have a newer smart fone store the number go to contacts highlight it then if available hit the block caller it will go straight to voicemail. good luck