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could someone help I'm worried as I don't owe this debt and scared of what might happen

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  • #1

    could someone help I'm worried as I don't owe this debt and scared of what might happen

    to cut a long story short I left my premises in December 2008 and the owner of the premises moved back in and started renovating the property. I handed the keys back to the solicitor.

    In 2009 I received a gas bill for 2000.00. I wasn't at the address when this bill is dated allegedlyand managed to sought it out with the gas company.

    I nhave now received a debt letter for the bill again . I have explained I wasn't at the premises during the time this bill was dated and that the owners solictors took the keys back 4 weeks after I vacated

    It was a public house and I was a Ltd company which has now finished as I have retired

    The debt collectors have reduced the bill by half but I don't owe it but I am scared about people coming to my house and trying to get in or being taken to court.

    Could someone advise me please as the letters are quite threatening
    Many thanks
    Tags: action, address, bill, breach, british, british gas, chasing, collectors, comi, court, credit, data, debt, debt collection, debt recovery, debtor, details, england, gas, guidelines, help, house, income, letter, letters, oft, on hold, personal, phone, recovery, regulator, saving, scare, statute, statute barred, swift, thank you, unfair
  • #2
    Re: could someone help I'm worried as I don't owe this debt and scared of what might happen

    If it's not yours then you can tell them it's not yours and leave it at that. If they keep writing then complain to the regulator.

    Nobody can come to your house, especially as the debt would be in huge limited company name and not your personal name. I'd really not worry too much about this if you're certain you do not owe it.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: could someone help I'm worried as I don't owe this debt and scared of what might happen

      If you don't owe the debt and they keep chasing this then they are also in breach of OFT guidelines on debt collection (see relevant section below). The fact that they have reduced the alleged debt by 50% so quickly suggests they have bought a lemon and they know it so are now on damage limitation. If you don't owe the debt and you can prove you don't then tell them to go forth and multiply. If they keep harassing you then you possibly have them by the short and curlies. If its British Gas thats chasing you quote "Ferguson v British Gas Trading Ltd [2009] EWCA Civ 46 (10 February 2009) - link to judgement: http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

      3.9 Examples of unfair or improper practices are as follows:

      i. when a debt is reasonably queried or disputed, failing to investigate and/or provide details (possibly including, for example, details of account history, payment schedules and relevant correspondence) to the debtor, as appropriate, in a timely manner or at all

      k. failing to cease debt recovery activity whilst investigating a reasonably queried or disputed debt when the debtor has, or appears as if he may have, valid grounds for the query or dispute
      "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

      The consumer is that sleeping giant.!!


      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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      • #4
        Re: could someone help I'm worried as I don't owe this debt and scared of what might happen

        Thank you so much for your swift and in depth replies. I'm not used to these letters and it puts the fear of god in me . I think I will pen them another letter this evening .
        I've tried to be co operative with them but they don't seem to read what I say in them .

        Shouldn't they also have to prove you do owe the debt which all they have is a couple of dates?

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        • #5
          Re: could someone help I'm worried as I don't owe this debt and scared of what might happen

          Originally posted by ray1964 View Post
          Shouldn't they also have to prove you do owe the debt which all they have is a couple of dates?
          Yes onus is on them to prove a debt exists, not on you to prove it does not. I'll quote OFT guidelines again:

          3.7 Examples of unfair or improper practices are as follows:

          e. When seeking to recover a debt, failing to take appropriate steps with a view to ensuring that available data/information to inform the pursuit and recovery of a debt is accurate and adequate, such that the debtor and the (amount of the) debt can be correctly identified from that data/information
          "I fear all we have done is to awaken a sleeping giant and fill him with a terrible resolve."

          The consumer is that sleeping giant.!!


          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #6
            Re: could someone help I'm worried as I don't owe this debt and scared of what might happen

            Originally posted by ray1964 View Post
            Thank you so much for your swift and in depth replies. I'm not used to these letters and it puts the fear of god in me .
            Don't let them put the fear of God in you...that's just what they want. They want to scare you into paying even if you don't owe anything. Who did you get the debt letter from?
            Let your smile change the world but don't let the world change your smile

            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: could someone help I'm worried as I don't owe this debt and scared of what might happen

              Ok thank you, I sure hope they get the message this time as having to take early retirement makes for a very small income and my only saving grace was not owing anybody until this turned up.

              I didn't think they could do anything after over 5 years especially when I have proved I never owed it in the first place.

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              • #8
                Re: could someone help I'm worried as I don't owe this debt and scared of what might happen

                It's 6 years for it to be Statute Barred in England.

                Please don't worry about it. If you don't owe it you don't owe it...simples!
                Let your smile change the world but don't let the world change your smile

                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #9
                  Re: could someone help I'm worried as I don't owe this debt and scared of what might happen

                  The company are Past due credit solulutions

                  Comment

                  • #10
                    Re: could someone help I'm worried as I don't owe this debt and scared of what might happen

                    Also, whatever communication you have between them;

                    Keep a copy
                    Send it Recorded Delivery so that you have proof that it was delivered
                    Don't communicate with them via phone, if they get your number and call you, tell them to communicate in writing only
                    Keep any and all letters (as well as the envelope)
                    Keep calm
                    I used to be afraid of the post... Now I look forward to it - so I can stick it to the DCA's

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                    • #11
                      Re: could someone help I'm worried as I don't owe this debt and scared of what might happen

                      Thanks, I have finally got another letter after sending all my past correspondence with another credit company and they have put any action on hold.

                      Not sure what that means but I suppose a stop to the threatening ones for a bit .

                      Thank you

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