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Post by ohthejoys on Thu Nov 08, 2018 1:22 pm

Hi, I could really do with some advice as to how to proceed with my current situation.

I fell behind with payments to E on in 2014 (I was a student at the time on a low income) and E on were of little help. They kept hounding me on the phone and sending their field agents to my address and each time charging me £55 just to post a letter through the door. Myself and my housemates were paying what we could afford to clear the balance so I lodged a complaint with E on in regards to the spiralling fees and the harassment from their agents including visiting my neighbours about my account who fortunately were not home at the time.

E on wrote to me to say they were in deadlock regarding my complaint and offered a letter of apology, a payment plan and a good will payment of £30 alternatively they offered a pre payment meter. I told them I would be working to clear the balance before moving house but the good will fee was an insult and I would not be paying any field agent fees since they were unjustified (I had challenged E on to give me a breakdown of the fee) as all they had done was post a letter through my door.  

Then E on decided they were taking me to court for a warrant of entry. I called the court house on the day the warrant was to be issued to ask where I needed to be to defend and was told there was nothing in my name so left it at that. Then a few days later whilst abroad I received a call from my friend who was house sitting to say two men from E on had barged in when she opened the front door whilst stating I had booked them in to come and fit a meter!
They left no warrant at the house and it was only when I complained to E on on my return did they send me a copy of the warrant which on the back had the letter heading of E on and had no signature.

I paid off the outstanding balance for gas and electricity before moving but contacted E on to open a new dispute as I was not going to make payments for the £257 warrant fee and any other field agent fees which amounted to nearly £600. I also gave them my forwarding address to give me a response to my complaint.

It's been 4 years and I have heard nothing in that time, until last week when I received a letter from E on and Lowell Portfolio in the same envelope, from the same printer (printer details down the side) chasing me for the outstanding money which was sent to my partners property.

I fortunately kept all of the paper work for this account just in case but I am not sure what to do next. I wasn't sure if I can start the 3 letter process since its relating to a utility bill?
I am pregnant and had to close my business due to chronic pain so have nothing to pay them with anyway but I will happily fight them to the end on this as the debt is all unjustified fees.

Any advice about how to proceed would be much appreciated as I have read so much in this forum and the old one but can't find much on how to handle a debt with a utility company. Thank you!

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Post by daveiron on Thu Nov 08, 2018 3:24 pm

Hi,ohthejoys welcome.

Do the letters say whether lowell are acting as agents for Eon or have they purchased this alleged debt ?
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Post by ohthejoys on Thu Nov 08, 2018 3:50 pm

Thank you!
Sorry, missed out the important bit.... the letters state they have purchased the debt from Eon.

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Post by daveiron on Thu Nov 08, 2018 4:10 pm

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Post by ohthejoys on Thu Nov 08, 2018 4:11 pm

Thank you for your help, I really appreciate it! I will get started on the process and hopefully it's the end of it.


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Post by assassin on Thu Nov 08, 2018 4:22 pm

It won't be as they are like blood sucking leeches who will lie and cheat and force you to consent in any way they can, but once you know how to fight them it becomes much easier to deal with and you lose the fear they thrive on.
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Post by ohthejoys on Fri Nov 30, 2018 3:42 pm

I have finally had a response from Lowell after sending letter 2 and just wanted to check I should just press on with the 3rd letter?

One letter from them to do with the gas account had a copy of the final bill from E.on with my name on it but the address at the top was for somewhere I have never lived at or heard of. Do I reply with the 3rd letter and point out that not only have they not provided the documents I have requested but the address on the final invoice that it was sent to isn't even mine?

The other letter for electricity they have attached a final invoice for a really old address which is weird as it was a dual fuel account so the addresses should have been the same on both. They also state that they feel this copy of a final invoice 'fulfils their obligations under s76-78 of the CCA 1974' - Am I correct in sending the third letter?

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Post by assassin on Sat Dec 01, 2018 2:14 am

This needs using carefully as this information can blow their case wide apart, continue with the letters and DO not disclose their clear failures as this could become useful later.
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Post by ohthejoys on Sat Dec 01, 2018 8:49 pm

Thank you assassin, that's good to know! I will keep going.

You were right in saying that you lose the fear once you know how to fight them! Since joining the forum I am feeling much better informed. Thank you for your help.

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Post by ohthejoys on Fri Feb 15, 2019 4:31 pm

I am hoping someone can tell me what the next steps are in my fight with Lowells. I sent the last of the three letters off to them at the beginning of the year and since then they have sent me at least 5 more demand letters and have been calling my phone regularly from different numbers.
Do I now begin billing them for this unsolicited contact? Also I never sent the Estoppel letter as I have only just found out about this...have I made a mistake by not doing this?

Hoping someone can help! Thanks!

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Post by Kestrel on Fri Feb 15, 2019 6:22 pm

'by ohthejoys' the problem is common on research namely utility companies selling debt on that is incorrectly addressed to people who were not resident at the properties the 'bill' is for.

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Post by ohthejoys on Fri Feb 15, 2019 7:43 pm

Thanks Kestrel for replying. Yes I have read a lot about these companies sending out letters to anyone who has the same name to try and recover the debt.

This company are chasing not for an outstanding balance (as that was all settled) but for 'court fees', warrants and other ridiculous charges which I disputed.

I just wasn't sure after sending the three letters if I should now go back to them to invoice them for each bit of contact they have subsequently tried to make with me.

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Post by assassin on Sat Feb 16, 2019 1:48 am

If they are sending out letters to people with the same name and not the person they require it is called shotgunning and highly illegal, if people reported this on mass they would be stopped from doing it.
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Post by daveiron on Sat Feb 16, 2019 8:35 am

See what others think , It may be an idea to send a short letter to Eon & Lowells informing them
that they are in breach of the FCA conduct, and should they contact you again a formal complaint
will be made to the FCA without delay. No need to tell them what the breach is.
Also point out that your letters to them stated they do not have your permission to telephone
you,and by their continuance to do so will constitute harassment.
Look at the link below ,its very clear regarding the data.

https://www.handbook.fca.org.uk/handbook/CONC/7/13.html
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Post by ohthejoys on Sat Feb 16, 2019 12:41 pm

Thank you daveiron. Thats really helpful and I will do just that as well as read up the link.
Really appreciate it!

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Post by ohthejoys on Sat Feb 16, 2019 12:44 pm

Agreed Assassin, I guess it's not being in the know about how these things work that gets people into a contract with these DCA's. I'm so glad I found this forum!

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