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Seeking advice re debt collection agency/utility bills.

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    Debt collection agencies are not permitted to pursue a contested debt, and a Court Order is the only legal proof that the utility company has an enforceable debt against you. Until they have Court Order you simply refuse to pay. SSE will not want to actually go to Court and lose and so they will eventually settle for whatever seems reasonable.  How could SSE be successful in getting the Court to issue an order to pay a debt based on an estimated reading??

    You are correctly pursuing it with SSE and refusing to talk to the agency. I would personally not pay anything that was not based on the readings after the tenants left.  SSE can tell you exactly what the daily charge and unit prices are.

     
    The bill they have sent me is detailed broken down by quarter, and so I can see that it is nearly all standing charges, which were expected and which legally I should pay. The £93 is separated out. So my thought was that paying the amounts that relate to the period after July 2 might be the right thing to do. Legal and moral high ground? 

    It’s troubling how they have behaved. I wonder how many other customers have experienced similar nonsense. It looks like, struggling to cope, they outsource as much as they can to debt collectors. And the debt collectors attempt to engage in data harvesting, seeking to collect phone numbers and addresses of customers to which they have no need nor right, and with no sense of irony invoking the Data Protection Act. I might complain about these gangsters anyway. Misrepresenting data protection laws is a Europe-wide problem, according to my wife. People who experience suspicious invocations of that law should ask “Whose data? And if mine, how exactly are you seeking to protect it through your demands?”
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    I would pay the amount not in dispute directly to the energy provider and reiterate why you’re not paying the balance.

    I suppose there’ll be something in the energy company’s T&Cs about admin charges but it can’t be exercised in an irrational and wholly unreasonable way by them or their debt collectors. The internal complaints procedures are probably totally ineffective but what about the Energy Ombudsman ? If nothing else, it will create extra work for SSE and someone sensible may actually have to look at the case - https://www.ofgem.gov.uk/information-consumers/energy-advice-households/making-complaint-about-your-energy-supplier-or-network-operator
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    Thanks @Blucher. There’s been a development and its quite satisfying. 
    I wrote back to SSE earlier in the week, but copied LCS on it. Despite explicitly telling SSE that I would deal only with them, I got a reply late Thurs from LCS. There was a lot of back-pedalling. They said the admin fee could be deleted, and that they would forward from SSE any justification for the disputed £93. Then they tried to deny they were data harvesting by previously demanding my current phone and home address, and refusing to engage by email. They said they needed the info to “communicate with me more effectively” . Previously they had tried to claim that it was a data protection thing, to be sure they were not sending a gas bill to a fake email address. There is a problem with that, of course, because when they reappeared last week they were forwarding me exactly tha revised gas bill I had been demanding all along. 🤣

    I’m definitely going to complain about LCS, because they clearly bully and intimidate less assertive and often distressed people, so they deserve a good kicking. I believe that the right destination for such a complaint is the FCA, unless anyone knows otherwise? 

    As for SSE i forwarded them this latest crassness from LCS, and expressed my satisfaction that the admin fee was off the table, but displeasure that they continued to deploy a debt collector. It’s back in their court, and then as you say, Ofgen need to know about this.
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    @PragueAddick - If this shower, LCS, is FCA registered, a June 22 MoneySavingExpert (MSE) article suggests that a complaint can be made to the Financial Ombudman Service, although the latter's website says that "We can look at complaints about the collection of debts in relation to most types of credit. However, we can’t consider them all (for example the collection of debts such as council tax, utility bills...)."
    https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/credit-borrowing-money/debt-collecting

    The MSE article also suggests other avenues of complaint, such as the Credit Services' Association if the debt agency is registered with it, the Local Trading Standards Office (if the agency doesn't have a regulator or trade body) or, in appropriate cases, the Information Commissioner's Office. Complaints to any of these will create internal headaches for LCS and piss them off. 

    https://www.moneysavingexpert.com/news/2022/06/hundreds-of-households-wrongly-sent-legal-letters-saying-they-ow/

    Good luck with it !
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    edited August 2022
    I used to get more angry when dealing with these sorts of companies you should expect better from. It is clear that the notion of customer service is from another time. I have come to terms with that.
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    Thanks @Blucher. There’s been a development and its quite satisfying. 
    I wrote back to SSE earlier in the week, but copied LCS on it. Despite explicitly telling SSE that I would deal only with them, I got a reply late Thurs from LCS. There was a lot of back-pedalling. They said the admin fee could be deleted, and that they would forward from SSE any justification for the disputed £93. Then they tried to deny they were data harvesting by previously demanding my current phone and home address, and refusing to engage by email. They said they needed the info to “communicate with me more effectively” . Previously they had tried to claim that it was a data protection thing, to be sure they were not sending a gas bill to a fake email address. There is a problem with that, of course, because when they reappeared last week they were forwarding me exactly tha revised gas bill I had been demanding all along. 🤣

    I’m definitely going to complain about LCS, because they clearly bully and intimidate less assertive and often distressed people, so they deserve a good kicking. I believe that the right destination for such a complaint is the FCA, unless anyone knows otherwise? 

    As for SSE i forwarded them this latest crassness from LCS, and expressed my satisfaction that the admin fee was off the table, but displeasure that they continued to deploy a debt collector. It’s back in their court, and then as you say, Ofgen need to know about this.
    Hi @PragueAddick, as you imply 1st Locate (trading as LCS) are indeed authorised and regulated by the FCA. My understanding (but please check as I may be out of date) is that the authorisation and hence the regulation only applies to the collection/administration of debts arising under credit agreements, consumer hire agreements and regulated peer-to-peer loans. Outstanding debts in respect of utility debts and company debts are excluded as they are not credit agreements.  (But see below)

    If correct, that seems to me to be a bit of a lacuna in the legislation. So, in the first instance I would make a formal complaint to the firm. (No need for a letter, an e-mail/tel con would suffice.) The FCA approved person responsible for complaints is an Executive Director,  
    Darren Guest at 
    Apson House
    Colton Mill
    Bullerthorpe Lane
    Leeds
    West Yorkshire
    LS15 9JNL S 1 5 9 J N
    UNITED KINGDOM

    +4401723861830 (Possibly his direct line)

    Amusingly the Chief Executive is called Andrew Barclay.....surely not that one.....

    The thing about FCA regulation though is the FCA's definition of a client: it includes a potential client. So, does the FCA overarching requirement for a firm to communicate with a client in a "clear, fair and not misleading" way apply? Possibly not for you because it is likely the utility company is the client and not you.  But will LCS know that? Probably not. So you could, maybe, fool them into raising a formal complaint and including it in their complaints register, which the FCA will get to see. If nothing else, it could give them as much aggravation as you've had. You might even get an ex-gratia payment!
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    Prague I admire your bloody-mindedness on this. 
    I had letters chasing gas and electric on my dad's place 3 years after he died, from EDF, with his name spelled wrong as well. I'd sent them meter readings at the time but had no proof and had handed the keys back within 2 weeks. They were after over £300, presumably because L&Q had not bothered to register the utilities and used them until a new tenant moved in. 
    After 3 goes at long phone calls to their call centre they agreed to refer it to their internal write off panel and I've heard nothing more. 

    It pays to be awkward 
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    rananegra said:
    Prague I admire your bloody-mindedness on this. 
    I had letters chasing gas and electric on my dad's place 3 years after he died, from EDF, with his name spelled wrong as well. I'd sent them meter readings at the time but had no proof and had handed the keys back within 2 weeks. They were after over £300, presumably because L&Q had not bothered to register the utilities and used them until a new tenant moved in. 
    After 3 goes at long phone calls to their call centre they agreed to refer it to their internal write off panel and I've heard nothing more. 

    It pays to be awkward 
    Bloody mindedness….. You have no idea 😉
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