Brun

We received a letter this morning from a Company called CCS Collect acting on behalf of British Gas.
The letter was addressed to my wife who has never dealt with them so not sure how they have her name.
CCS are wanting to know who was in our property between 01/08/15 and 18/08/15.
We moved in on 31/07/15 and British Gas was the supplier. We swapped to Ovo Energy on 18/08/15 and then when the final bill came from British Gas, it was paid promptly.
I've rung British Gas to make sure the account is clear which it is. I've asked them to call this company off but even though my account is clear they cannot do it as its now between me and CCS.
What shall I do now? I'd be quite happy to ignore it as there is no debt but the Wife is very worried that what is a mistake may put a black mark against her name.

alcazar

iTrader: (2)

WRITE to CCS asking them to clarify, tell them what you told us above.

Brun

The general opinion I've gained from a Google search is not to engage in any sort of communication with such companies although that kind of leaves us no where.
I've done an Experian credit thingy on the Wife which shows she has a perfect credit score with no marks against her name.
Surely if there was anything in this, something would show up there?

One thing I forgot to mention in my first post was that on the letter there was an amount due section which was blank!

scoobyboy1

iTrader: (16)

They need to take you to small claims court first before they come round trying to hassle you for money or even put CCJ against your wifes credit score. Personally Id try and get in touch and ask how much is the debt???

poffer1

That's not correct in any way. CCJs come from the County Court (the hint is in the CC of the title). Collection agents can contact anyone to ask for money.

If you are not a lawyer - don't give legal advice. If you are a lawyer, I suggest a job change.

To the OP - the collection companies work by wearing you down. They don't give a toss about who owes the debt, only collecting it for someone (anyone). FWIW, if it was me, I would find out how much and pay it. Being right in the eyes of the law and winning your case are different things. It takes more time and money than it's worth to fight it.

scoobyboy1

iTrader: (16)

Maybe legal advice is not my strong point, but I guess reading is not your strong point and you jumped on your high horse!!!

READ what I wrote
They(THE COLLECTION AGENCY) need to take you to small claims court(THIS IS HOW YOU GET A CCJ AGAINST YOUR CREDIT SCORE FROM THE COUNTY COURT(small claims)) first before they come round trying to hassle you for money(BY KNOCKING ON YOUR DOOR ASKING FOR MONEY) or even put CCJ against your wifes credit score(WHICH ONLY A COURT CAN DECIDE). Personally Id try and get in touch and ask how much is the debt???


So your advice was exactly what I said!!

PaulC72

Nil amount in owed box = nil amount owed IMHO, the letter may have been sent in error as these things happen.

i would assume they will try to contact you (or her) again should there actually be an issue - if someone turns up on your doorstep just explain the situation to them, keep any correspondence and it may be worth getting proof that your BG account was cleared as this will negate any claim.

markjmd

iTrader: (11)

If you know who was living at the property before you, just tell them who it was. Otherwise, tell them you don't have a clue, and that you care even less.

If their enquiries start veering towards them trying to collect the debt from you instead of the people it's actually owed by, contact the Financial Ombudsman:

poffer1

Brun, if you need some free legal help, some of these guys have a pretty good reputation. The ones who know the law and are legally trained are easy to spot, but you may have to sift through reponses.

http://www.bailiffhelpforum.co.uk/

scoobboy - not on high horse at all, just trying to be clear on the post that the agents need to go to a court before doing anything - they don't. In other circimstances, it would be funny guessing who is right or wrong....but it really doesn't matter what you say/I say - this guy needs help.

scoobyboy1

iTrader: (16)

Were both right as we wrote the same thing

Yes this guy does need help that why I offered advice as I recently had the same sort of issue(my thread on here a bit further down) I had debt collection agent on behalf of a parking company, they sent letters asking for payment I ignored all there letters and they eventually took me to a smalls claims court(Walsall County Court) They cant do anything unless a judgement has gone against you at Court, This is why I said that Brun's wifes credit score is safe until she/you have had your day at court!!!

Brun

Thanks for all the input.
I'm going to forget about it for now. I've had it direct from British Gas that my account was fully paid up so I will get them to provide me with evidence of that should anything else drop through my door.
As the mistake must have been made is British Gas it will be them that I chase to rectify it should I need to.

David Lock

I would contact trading standards for advice. I'd also insist on speaking to a senior manager at British Gas asking for advice. Do not let anyone past the front door unless they actually have s Court document. Do you have any meter readings when you moved in?


Tell your good lady not to worry - it'll all be OK


dl

Devildog

Brun

The chances are that CCS will have bought a portfolio of debt from British Gas (hence why British Gas no longer have an interest)

In my experience, the best thing to do is write to CCS, advising that you were in the property on those dates and confirming that British Gas have confirmed that your bill for that period has been paid in full.

If you ignore it they will simply keep on writing. They'll add charges and costs and the amount they claim is due will increase.

Unfortunately you are now in effectively an automated process. This is not like a parking "fine" from an independent operator on private land. You'll need to deal with it. If necessary, ask British Gas to confirm in writing there is no debt for that period.

Somewhere down the line some incorrect info has been passed from BG to CCS. It happens sometimes.

Any issues, go straight to these guys.

http://www.csa-uk.com/

markjmd

iTrader: (11)

The OP owes nothing, so the amount CCS can legally claim is the sum total of diddly squat, no matter how many letters they send or charges they "add".

andy97

iTrader: (1)

I have had quite a few of these. They buy the debt from utility companies generally. Ring up British gas and sort it out. Don't contact ccs, they add on fees. I just pay direct to gas/electric/water companies.

Devildog

You are of course correct, however the question is not whether the OP legally owes the amount, the concern the op has is whether or not this could cause any problems.

The reality of the situation is that whether or not the debt is legally due won't stop CCS chasing it, adding costs and charges, and generally being a time consuming pain in the ****.

That's why you need to bite the bullet and deal with these things proactively, not just ignore them. a little bit of effort now will save countless hours of grief further down the line.

pflowers

I would file under I for ignore, if the OP has proof he owes nothing then he has nothing to worry about.

Unless he had signed a credit agreement with British Gas they can't report to his credit file, nor send someone to the house. The only thing they can do is take the OP to court to try and obtain a CCJ, the onus would be on them to prove the debt which by the sounds of it they can't.

Speaking to the debt agency will not solve the issue, the more you contact them the more they will harass. Unless this debt is into 4 figures they will just climb back under their stone.

markjmd

iTrader: (11)

I can only assume from the above response that you work in debt collection yourself, and that you're just using this thread as a platform to encourage (or more accurately, con) unsuspecting readers into doing your industry's dirty work for it. I doubt very much whether any of the regulars here would be gullible enough to fall for your little spiel, but just out of idle curiosity, why don't you fill us in anyway on (your explanation of) the exact legal mechanism by which the OP's debt collectors would be in a position to add a single penny of costs and charges, if he was never liable for the debt they're chasing to begin with? Take all the time you need, I've got a few box sets to sit through and a truck-load of popcorn on its way

Devildog

Mark

You won't have to wait. For the avoidance of doubt, no, I don't work in debt collection.

My personal viewpoint is that debt collection agencies are the scum of the financial services sector and I hope you haven't choked on your popcorn having released that you could not have been more wrong.

I do, however, work in a field that requires me to come into contact with debt collection agencies and enables me to have an understanding of the mechanisms by which they operate.

My advice to the op was not to simply do nothing and to proactively evidence to CCS that there was no debt to British Gas.

You are asking for my explanation of the exact legal mechanism by which the OP's debt collectors would be able to add costs and charges.

That's a two stage answer.

1) If they are collecting on behalf of the creditor then any contractual interest and charges the original creditor is entitled to will continue to be applied until payment. If they have bought the debt then those charges may stop, however they are entitled to seek recovery of court and certain legal costs from the debtor which are incurred in the recovery process. The principle law that govern's this is defined in the Consumer Credit Act 1974, consequential amendments and supplementary legislation.

2) Of course, the OP is not liable for the debt, having already paid British Gas. Clearly, however, CCS are not in possession of that information and becasue of that they will continue to chase the OP until they are in possession of that information, and may well seek to apply additional costs and charges as a result.

Now, the OP can do nothing, as he has no liability to British Gas or to CCS. No liability for the original debt, and no liability for any additional costs and charges (and if you can point out where I've said the OP does have any liability, please do so - maybe it is I who should get the box sets out for that one, while you try and find something that doesn't exist?) However, what the OP is likely to get is letters, calls and general nuisance from the collection agency if he doesn't deal with it now and have the error corrected.

Hence my advice not to "do nothing" but to deal with the issue and correct the obvious error.

As an extreme example generally, I've seen an individual made bankrupt for a debt that wasn't due by them because they "did nothing" and assumed that they "would be fine" because they were not legally liable for the debt and it was a point of principle that they should not have to address it. It was eventually overturned but not after significant stress and cost to them.

PS - making assumptions often makes one look, well, like an ***. It did in that case, and it may well have done in yours

kingofturds

iTrader: (1)

I dealt with these lot a few Months ago. Well I said dealt with them, I sent them a letter saying there was no money owed by us at that address and that was the end of the matter.
They kept sending letters despite us asking them not to unless they could prove we owed the money. Each time they offered us a slightly bigger discount until they gave up.

Ironically we told British gas that they supplied our property for 2 years, they flat out refused to accept it. We even offered to pay the last 12 Months bill when we moved out and they said there was no money owed to them, Thankfully that email came in handy when these clowns came a knocking.

hodgy0_2

so are you essentially saying in an extreme case, the debt agency (if it genuinely thought it had a case i.e. a recoverable debt) could take it to the county courts and get a judgement in their favour - because the defendant failed to contest the claim

I suspect that probably could happen - hence the advice not to ignore

Devildog

Absolutely. And it does happen.

scousefly

hmmm MarkJMD has gone very quiet popcorn got ye tongue

markjmd

iTrader: (11)

No, in fact markjmd has been enjoying a relaxing couple of days away at country hotel, far from the tedium of silly discussions like this on SNet. So kind of you to enquire about my welfare though

markjmd

iTrader: (11)

Really, it happens often does it? CCJs are awarded against completely different people than the person(s) a debt collection company themselves freely admit a debt was owed by, for the sole reason that those people couldn't be bothered to reply to an enquiry about the previous occupants of a property, and the company feels that this somehow makes them liable to certain "charges"? I'm guessing you must have lots of concrete examples of this happening in courts up and down the country that you can point to, so we can read all about it ourselves, right?

markjmd

iTrader: (11)

All well and good, except that we've already established here that the OP is not the debtor!

Again, additional to what?? He's never owed them a penny, so there is nothing there for them to "add to" in the first place!

All fluff and waffle, and completely devoid of any legal substance. Nice try, but still no match for this delicious crunchy popcorn.

Devildog

Mark, perhaps you should read what i wrote again.

Clearly you are missing something important here. At no time did I say that a debt recovery agency will chase someone that they (the debt recovery agency) admit doesn't owe the debt. So please, for my benefit and that of anyone else watching you make a bit of a fool of yourself on this thread, point out where I did.


I'm just volunteering some helpful advice based on 25 years real world experience of what can and does happen. Sadly, the system is not perfect. If the credit collection agency thinks the debt is due they will continue to chase it until it is proved to them that it is not. Mistakes happen.

Whether you chose to accept that or not is up to you. Frankly I couldn't care less and I'm not going to waste more time trying to convince you, other than to ask you to read this (albeit extreme) example to of what can happen when creditors make mistakes (as I referred to above).

http://www.telegraph.co.uk/news/ukne...-bankrupt.html

But hey, believe what I've said is fluff and waffle what you want. I'm not sure what else I can add, and The OP can take the advice or not. Not my problem

jods

How did you type this with your head stuck so far up your ar5ehole?