Supposed 'unpaid' bill

[d.i.v.a.]

Bit of a long and confusing one, sorry...

I've recently been contacted by a debt recovery agency regarding a supposed unpaid bill from 2006! Now it goes back so far in advance that I can't possibly remember the facts but I do know that I am a very good bill payer and would not leave something unpaid. It isn't even a huge amount of money and not worth being chased by a debt agency but it is still a lot of money for me to pay now when I am 99% sure I will have already paid this bill! I can vaguely remember the utility company initially trying to charge me too much before it was eventually amended based on actual meter readings.

I soon moved out of that property which I was renting at the time but certainly had not to my knowledge received any reminders or correspondance until now, 5 years later. I unfortunately disposed of all paperwork connected with that property about 2 years ago so have no evidence of having paid the bill. I ordered some past bank statements to see if anything showed up on there but unfortunately it doesn't seem to be! I used to pay my bills at the post office in cash and with me changing suppliers 1 month after moving into the property I didn't set up a direct debit.

Please help me know what my rights are! The utility company are adamant that everything is recorded on their system and they have not made a mistake but I know I wouldn't have skipped this bill! Thanks.

[bookbinder]

You need some help with this. Try Citizens Advice.

[craft1948]

If the utility company is adamant their records prove you owe them money, ask for copies of all your bills and payments you have made relating to the debt.

[d.i.v.a.]

craft - it was only 1 month I used that company for before changing so there won't be any record of other bills but I'll certainly ask them for copies of everything.

[boxtops]

Would you have paid by cheque or with a debit or credit card? You can always check your statements.

[craft1948]

They must be able to give you a copy of all bills relating to the supposed debt. If they cannot provide details then they wouldn't be able to get a CCJ without proof.

[d.i.v.a.]

boxtops - got a pile of old statements but there's nothing on there which makes me think that I probably paid in cash at the PO.

[factor-fiction]

If it was only for a month and you did pay something then as you say the disputed amount can't be huge- yet you the say it's a lot of money for you to pay now. Can you tell us how much it is?
There will be paperwork showing the bills and any payments you made- getting sight of that will help

[d.i.v.a.]

It's £140

[Postdog]

I posted a very similar problem a short time ago. I moved, I change suppliers, gave readings etc, then some months later the original supplier billed me. I knew they would but I had budgeted for what I thought it would be, so I queried. I got no response and then the next thing I know I had debt collectors ringing me all hours.

I too went to a CAB but the best they could do was get a hold put on the debt collection and tell me the process to sort it out, which involved the old suppliers and the new suppliers giving certain info.

Sad to say, just to avoid the hassle I paid the bill.

Not helpful I know, but I empaphise what you are going through.

[d.i.v.a.]

Thanks postdog, am thinking of just paying it to avoid the hassle but at £5 a month or something. This whole thing just seems so wrong - makes me think the company are going round accusing people who will clearly have disposed of all their past receipts!

[factor-fiction]

There seems little point in speculating until the details are known-once you see a breakdown you'll know whether they are claiming you failed to pay anything or paid only part of the bill.

[Postdog]

Re paying it.

It was suggested to me by CAB that if I had to pay, it would not be treated as a priority debt and could easily be paid on the drip. However that would also give me a default on my credit rating, so even though I would rather not pay in one go, I did. Mine was for about £260, and as said, they only supplied for a month, and IMO should only have been about £150 top whack.

[d.i.v.a.]

On the phone they have said I failed to pay any part of the bill.

[factor-fiction]

Well I think that unless you can prove you paid it the debt will stand. This is an example of where bank payments (cheque/ electronic) are better than cash as there is an audit trail

[d.i.v.a.]

Definitely! Always pay direct debit now!

[Postdog]

I've gone the other way - I pay cash for what I use as I use it. At least I know where I am with it.

Or I will do once they install the prepay electric meter - forgot to add that as a resut of all this kerfuffle, I paid my new supplier when they billed me, and find I'm well in credit now. Honestly this changing suppliers lark is a joke!!

[Bigfellah]

I always keep bills/bank statements/receipts of any sort for a minimum of seven years. This can seem to be a bit OTT but it can be useful in a dispute that d.i.v.a. is facing.

Also nowadays one can store them on computer as .pdf files so you do not have mounds of paper to keep filed away.

Also there is a 6 year statute of limitations rule which, as far as I know, means that subject to certain criteria a debt cannot be claimed after a period of six years from the most recent correspondence.

Not much help for d.i.v.a. but useful to know nevertheless.

[Lindylou]

Tell them to take you to Court. It'll cost them. Most times, in fact virtually every time, they won't bother. If they do take you to court (unlikely) you MUST attend to dispute their allegations. Registrars are usually inclined to believe you rather than the companies involved. But, as I said, you have to attend the hearing. Good Luck.

[factor-fiction]

Mmm - risky stategy. I doubta debt recovery agencty would give up that easily or no-one would ever pay. It could just push the costs up for diva. diva seems to have no evidence that she paid. I'd consult CAB before embarking on such a course of action.

[Messi_Ten]

The utility company won't be interested any more. They've sold the debt on to this agency. It's now up to them to prove you owe the money, which I doubt they can. Tell them the bill was settled in 2006 and you have no intention of paying, the onus is on them, NOT YOU, to prove otherwise.

They'll probably start sending threatening letters about court action, with official looking documents, this is scare tactics to try and get you to pay up. Don't fall for it, even if it did go to court, their chances of winning are virtually nil.