Debt Questions forum. General questions on debt issues.

Moderators: TalbotWoods, JaneClack

By wood69
#301873 Debt with Water Company passed to CSL - had payment plan to pay £20 per month on 25th. Made 4 payments but 3rd payment was a few days late. Last week a company called EOS phoned and said as I had ignored Water Company and not made payments on payment plan account had been handed over to them. I said nobody had informed me by letter and EOS said a letter had been sent to me.
Last night another call from EOS saying I either paid the outstanding debt or made a payment plan with them. The person I was talking to said my payments were up to date.
I spoke to Water Co this morning and was told it had gone to EOS because I had made late payment.
A letter from EOS arrived today threatening a doorstep visit or legal action if I ignored the letter.
On reading letter I noticed that the outstanding debt has only been reduced by £40 instead of £80 - if EOS have added charges to this sum I feel it is unfair because I had made payments each month.
Where do I stand on this matter.

Wood69
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By Gazza1912
#301913 Send them the following, filling in the gaps with the relevant information:-



Your Reference:
Your Letter Dated: ..................
Your Client: ......................

For The Attention Of: ..........................

Dear .............................

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 .................................

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.

As I have no knowledge of this alleged debt, I demand that you prove your entitlement to enforce it. No further correspondence will be entered into unless you can prove that this alleged debt exists, and that I am indeed the debtor.

As your letter (or relapce the word letter telephone call if you have no letter) of ................ already puts you in breach of the Office Of Fair Trading Debt Collection Guidance a complaint has duly been filed. Any further breaches will be added to this complaint.

Should you fail to comply with my demand for proof, the matter will be brought to the attention of my own local Trading Standards Department, as well as the one in your local area.

As you have demanded money with no proof of entitlement, you can regard this letter as the initiation of a formal complaint. I therefore request a copy of your official complaints procedure which you are legally obliged to supply. Should you fail to satisfy this complaint, it will be escalated to the Financial Ombudsmanicon Service.

Should you be unable to provide proof that this alleged debt is genuine, then you are in breach of the Data Protection Act 1998 and must cease processing my data immediately. Failure to comply with this will result in a complaint to the Information Commissioner and may result in court action.

Also, note that while the account relating to the reference number above remains in strong dispute, you are not allowed to pass it on to any third party. Should you do so, further complaints will be made to the relevant authorities outlined above.

I look forward to your reply that this matter is now closed and that you have totally removed my data from your system
By nomlas
#301933 Hi wood69, I think you need to maintain payments as this is a utillity bill and as such they probably will take action. I would contact EOS by recorded delivery and query why the amount has not been reduced by the full payments made, I think you will find that they have indeed added costs. This is unfair and you should challenge them to justify.

The important thing, IMO, is do not ignore or refuse to pay as the debt will spiral even more and could well end in court. Regards. -- nomlas
User avatar
By TalbotWoods
#301963 Hi ya Wood69.

In this instance Nomlas is right (sorry Gazza).

You have acknowledged the debt, you have been paying the debt, the new company has notified you as required by law. So there is no point in challenging the whole debt, as this would be seen as antagonistic and could cause more problems.

Yes you do need to contact ALL concerned EOS, the water company and CSL who were previously managing the debt informing, them that you have the proof that the payment was made, and that it appears CSL have pocketed the payment. I the copy to CSL, request their formal complaint procedure telling them that with the proof of payment that you intend to make this a formal complaint with a view of taking it to the FOS via Trading Standards. That should ensure your missing payment is returned.

If it is not returned then you will need to refer it to Trading Standards and ultimately the FOS.

I would also suggest that when you write to EOS you inform them that you need the account details/reference number, their sort code and account number to arrange to make the PREVIOUSLY agreed payment to them, and that should they refuse to provide this then they are deliberately blocking you making legitimate payments.

All being well, you will get the information you need, the missing payment credited and all will be back on level ground.

The moral to this is if you have a payment plan is place make sure you pay it on time, or it can result in hell of a lot of work and stress that can be avoided!

Tim
User avatar
By Gazza1912
#302063 No problem Tim. I only read the original post the once and forgot this was a Utility Debt when I made my reply. Apologies to the OP for my error.

gazza
User avatar
By TalbotWoods
#302093 Right Ho Gazza, that is an admission of guilt, so now do decide on a suitable punishment.

How about fifty lashes with a soggy spaghetti noddle soaked in Tobago sauce.

Anyone else any ideas?