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Arrived home last night to find a letter from a debt collection agency addressed to the occupier and saying I owe EDF 3000 quid. Further inspection reveals that the "supply address" is "stairs" I.e. I imagine for common areas of the block of flats where I live.
Obviously someone has got their wires crossed but how best to sort it out? I called EDF and they said I should just bin the letter but the debt collectors may not see it like that and send round a heavy mob to grab my dining table etc. I'm not sure how I can prove to them that the debt is not mine 🙁
Any ideas or experience out there in STW-land?
Talk very sternly to the Landlord/Management company/whoever you pay to sort out the common areas.
Yep call factors be pissed off.
My parents are on a shared stair everyone is really good at putting them on only when needed. They put the bill on a pay per unit no standing charge tariff, as they used so little, paid by DD. They get a credit for early payment which is more than the bill so the electricity Co end up paying them. Dad's tried to say please stop giving us money but computer says no.
Surely the onus is on them to prove the debt is yours? Speak to them - ASAP.
Be clear on the difference between a debt collector and a bailiff.
debt collectors like to send scary letters but that’s basically all they can do. They have no powers of entry.
Baliffs do, they are generally enforcing court orders. Confusingly some debt collection companies also enforce court orders as bailiffs so it’s important to know who has sent you what.
i might be inclined to write back (paper, pen writing!!) with a short letter stating the debt is denied, there will be guides on exactly what to put somewhere.
I’d also be questioning why you have the letter. What paperwork is your name on?
i assume theres a meter for the "stairs"
lucky/unlucky you opened it to be fair - occupier addressed mail gets binned - its pretty much just fishing mail.
If you do write them a letter your just giving them more information to pursue you. currently they dont even have your name or address by the sounds of it ...
I agree with MartynS on the first point, but for the love of god don’t engage with them!
You write to them “Dear Powerless Writer of Scary Letters, please be kind enough to do one, yours DrJ” and sure enough the next letter will be addressed to “DrJ, this electric you’ve been using on the stairs...”. And you’ll spend the next 15-20 years being written to about it. Oh yes, it’ll follow you too.
Just bin it, frankly it’s not a bad rule for any letter addressed “the occupier”.
No one can send Hired Goons to you without a court order and you can’t take ‘the occupier’ to court.
a letter from a debt collection agency addressed to the occupier
addressed to the building broadly and happens to have been put through your door - or to your address in the building specifically?
I’m not sure how I can prove to them that the debt is not mine
you presumably haven't signed a contract with anyone making you responsible for paying the bill for the common stairs.
I guess someone should be paying for it though - so presumably money is being taken from you and other tenants for common costs but whoever that agency isn't paying that on. It may also be that bills for the common lighting are being paid - just not to EDF
...I’m not sure how I can prove to them that the debt is not mine
They don’t even know your name.
How can THEY prove the debt is YOURS ?
currently all they know is that your door has a hole in it that they can push meaningless litter through.
hell id even go with *no longer at this address return to sender* and shove back in the nearest mail box.
Its addressed to the Stairs. Put it on the stairs and walk away.
Unless your name is Steven Trevor Airs then you have nothing to worry about.
Weirder and weirder. I spoke to EDF who told me that this is a business account with no flat number attached - just for "stairs". Heaven knows why they decided to add "Flat 99" to the address!! I spoke to the building manager who said that EDF is not even our block electricity supplier !! I am laying low and hoping that between the three of them they will sort it and leave me alone!!
In the meantime - thanks for the advice!
Unless there is a 'Mr Occupier' living under your stairs like Harry Potter, I can't see them getting anywhere with threats of court action, TBH. Leave them to it.
Actually, you better check under the stairs, by the looks of the bill, there is probably a cannabis factory hooked into the mains there.
It's up to the creditor to prove indebtedness.
Let the debt collectors come, ask for their warrant of execution (they won't have this). Tell them it's disputed awaiting proof of indebtedness.
Relax.
Wondering if I have to dispute the claim by sending a letter demanding proof, and if saying nothing accepts the claim? I am reluctant to contact them at all as they don't even have my name just now.
Think I will just wait and see for a couple of days!
was it sent recorded ? if not they have not actually sent anything to YOU therefore could not chase you for anything.
the minute you reply and add a correspondence address you can bet your life it will be tied to you for ever.
It’s up to the creditor to prove indebtedness.
This. It's also illegal to pursue a contested debt.
Also, what P-Jay said. Give them no information they don't already have. Do not engage anyone on the phone ever, it's too easy to be tripped up.
I'd either a) write to them saying essentially "I do not acknowledge this debt and have no relationship with EDF. Please provide proof. Pursuing a contested debt is harassment and I shall take legal action if you persist." (I can give you a more verbose version of this if you want, I just don't have it to hand.)
Or, b) bin it and expect regular and increasingly scary-looking letters in red ink and block caps for the next three years.
"bin it and expect regular and increasingly scary-looking letters in red ink and block caps for the next three years."
what addressed to *the occupier , The stairs , a block of flats , Somewhere AB12 3CD"
When the next one comes - stick it through someone else in the block of flats doors - its as relievent to them as it is to you
Missed the bit about it being addressed to the occupier....!
If you could be arsed there’s some fun to be had.. write back denying debt, basically what cougar said. If you continue to get letters you have a great case for some compo.. read up on British Gas vs Ferguson (I think) they were pursuing a non existent debt, took it to court and got a spanking. At least that’s how I remember it..
you can of course ignore all letters from them. The warning here is do not ignore court papers (it really shouldn’t come to that but in case you’re in some automated procedure hell)
up to you how to play it, but don’t worry!
How about forwarding on to the freeholder of the flats for them to deal with?
"The warning here is do not ignore court papers (it really shouldn’t come to that but in case you’re in some automated procedure hell)"
Although caveat there is - good luck to them getting court papers assigned to "the occupier of the stairs" unless the OPs flat is called "the stairs"
Just dont give them any personal details ! - the minute you do that its on your head.
If you could be arsed there’s some fun to be had..
”Dear Sirs,
Thankyou for your letter dated 05/05/18
I contest this debt, I’m made of Concrete and I have no use for electricity at all.
I cannot help you further I’m afraid, Although if I were you, I’d be looking at Light Fitting or Doorbell Entry System if you want to know who’s been using all the electricity, those two are always at it!
Yours kindly
The Stairs
ps: don’t try and walk all over me, I’m not a doormat!”
Write to them and say they have the wrong address. Give them this address.
TV Licensing
Darlington
DL98 1TL
It's about time those knobbers got some unsolicited threats of their own.
If you feel like replying, this is the letter I wrote for my OH when she received a demand out of the blue for a credit card she didn't have. As previously discussed though, do not give them information they don't have such as your name.
Dear [name]
You have contacted me regarding the account with the above reference number, which you claim is owed by myself.
I would point out that I have no knowledge of any such debt being owed to [creditor].
I am familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.
I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I look forward to your reply.
Yours faithfully,
[The occupier.]
... I never heard anything at all from them after that, incidentally.
Thanks all for the ideas, reassurance and laughs.