Scottish power demanding 3k from my daughter for an account she never had

by scrwm Tue Feb 14, 2023 11:28 am

My daughter received a demand for £3000 from Scottish power.

She has never had an account with them ever.

They sent the demand in her maiden name, the same as my surname.

We did live at an address with her living with us some years ago (2018-2019)

She has never been on our council tax or had joint accounts with us.

What do I do?

Thanks in advance

by **LionsShare** Tue Feb 14, 2023 1:18 pm

if as stated she has never had an account then write & get them to prove the account existance at the respective time period, that's all I can think of. Why would she pay just because there is a demand, the 'bill' has to be verified surely?

From experience getting them to prove anything is difficult, they will never prove the existance of a debt, as least have never with me

there was a case some years back of a woman taking B'Gas to court over something similar & won £10k

by **daveiron** Tue Feb 14, 2023 1:19 pm

I would get her to send a DSAR and add the words, ' please supply
any and all information including but not limited to any account you
believe i may have had or have with you.

by flyingfish Tue Feb 14, 2023 10:15 pm

A bit of background, does the alleged bill relate to somewhere that she was actually living at the time? And since she was not supplied by Scottish Power, can you did out any details or bills from the supplier that she was actually with?

Another thought .. does the Scottish Power bill refer to any other supplier? I think SP took over some suppliers who went broke, and records are often in a mess when that happens. I had SP after on that basis, and it was quite easy to get rid of them.

Also be aware of the back billing limit which prevents them billing for a period more than 12 months ago.

by scrwm Wed Feb 15, 2023 11:06 am

Yes it related to an address she lived at.
She was never liable for any bills at the address.
She was not on the AST, nor the council tax.
This is actually a SP account as you asked, they were the supplier at the address during this period.
It was about 4 years ago.
I went through a really tough time then, moving every year.

What is the bank billing period about?
Does that mean they cant collect if not paid with 12 months, surely not?

2 more years and this is statute barred...is it?

flyingfish wrote:A bit of background, does the alleged bill relate to somewhere that she was actually living at the time? And since she was not supplied by Scottish Power, can you did out any details or bills from the supplier that she was actually with?

Another thought .. does the Scottish Power bill refer to any other supplier? I think SP took over some suppliers who went broke, and records are often in a mess when that happens. I had SP after on that basis, and it was quite easy to get rid of them.

Also be aware of the back billing limit which prevents them billing for a period more than 12 months ago.

by scrwm Wed Feb 15, 2023 11:07 am

Sorry for my ignorance, here to learn and grow, what is a DSAR, is that the same as a freedon of info request for all data they hold on the matter?

daveiron wrote:I would get her to send a DSAR and add the words, ' please supply
any and all information including but not limited to any account you
believe i may have had or have with you.

by flyingfish Wed Feb 15, 2023 11:22 am

scrwm wrote:Sorry for my ignorance, here to learn and grow, what is a DSAR, is that the same as a freedon of info request for all data they hold on the matter?

DSAR is Data Subject Access Request, a formal request under the Data Protection Act 2018, requiring them to, provide you with copies of any personal information that they hold about you. This link gives guidance to the organisation but also explains the background and your rights ..
https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/

Freedom of Information is different that's a request to make information publically available, so won't include your or anyone else's personal data.

by **daveiron** Wed Feb 15, 2023 11:37 am

Ok, FF has provided a link for a DSAR, I suggested it as its always
an advantage to see exactly what paperwork they are relying on.

Just write to them 'This is a Subject Access Data Request, please
supply any and all data you hold for (enter name) '
Although it must be supplied anyway ,you can add if you wish 'To
include but not limited to all account details pertaining to any alleged
account'

by **daveiron** Wed Feb 15, 2023 11:42 am

This should be of use.

No firm will be able to bill you for energy used more than 12 months ago.

British Gas (including Scottish Gas), E.on, EDF, Npower, Scottish Power and SSE already agree to do this as part of a Voluntary Code of Practice for Accurate Bills.

The only exception will be if a customer prevents an energy company from taking accurate meter readings, for example by refusing to allow it to take a reading.

by scrwm Wed Feb 15, 2023 1:02 pm

wow, thank you so much.

Can you point me to the source of that info?

Ive sent off a DSAR to scottish power, will wait to see why funny way they respond in.

Have to say, a few of you guys who respond so quickly, your info literally saves lives. You know the good you do. You helped me write off 80k ten years ago on the old forum. And you're still helping. SO grateful.

scrwm

daveiron wrote:This should be of use.

No firm will be able to bill you for energy used more than 12 months ago.

British Gas (including Scottish Gas), E.on, EDF, Npower, Scottish Power and SSE already agree to do this as part of a Voluntary Code of Practice for Accurate Bills.

The only exception will be if a customer prevents an energy company from taking accurate meter readings, for example by refusing to allow it to take a reading.

by **daveiron** Wed Feb 15, 2023 1:09 pm

If you just do a search ' electric payments after 12 months'
it brings up several ,all quoteing the same.
I think i used the one above from money saving expert

by scrwm Wed Feb 15, 2023 1:12 pm

daveiron wrote:If you just do a search ' electric payments after 12 months'
it brings up several ,all quoteing the same.
I think i used the one above from money saving expert

You're a Legend mate thank you.

by scrwm Thu Feb 16, 2023 3:02 pm

daveiron, Might be a mad question - but...

If they cant/should not bill you for energy used more than 12 months ago - can they collect debts for accounts older than 12 months then? Sounds to me like they cant collect for over billing for more than 12 months ago but can still go after you if you have debts on energy older than 12 months.. or am I confused?

thanks in advance
scrwm

daveiron wrote:This should be of use.

No firm will be able to bill you for energy used more than 12 months ago.

British Gas (including Scottish Gas), E.on, EDF, Npower, Scottish Power and SSE already agree to do this as part of a Voluntary Code of Practice for Accurate Bills.

The only exception will be if a customer prevents an energy company from taking accurate meter readings, for example by refusing to allow it to take a reading.

by flyingfish Thu Feb 16, 2023 4:04 pm

scrwm wrote:daveiron, Might be a mad question - but...

If they cant/should not bill you for energy used more than 12 months ago - can they collect debts for accounts older than 12 months then?

The back billing rule is to prevent "bill shock" if a supplier neglects to bill, then suddenly issues a catch up. It doesn't apply where a bill was issued but not paid.
https://www.ofgem.gov.uk/check-energy-back-billing-rules

It sou d's like this situation would be covered by the back billing rules, but I wouldn't mention this until it's already been spelled out that she wouldn't be liable in any case.

by scrwm Mon Feb 20, 2023 3:35 pm

Thanks daveiron. I am kinda hoping it will go the back billing way...I've sent scottish power a DSAR by signed for post. Am awaiting the outcome.

flyingfish wrote:
scrwm wrote:daveiron, Might be a mad question - but...

If they cant/should not bill you for energy used more than 12 months ago - can they collect debts for accounts older than 12 months then?
The back billing rule is to prevent "bill shock" if a supplier neglects to bill, then suddenly issues a catch up. It doesn't apply where a bill was issued but not paid.
https://www.ofgem.gov.uk/check-energy-back-billing-rules

It sou d's like this situation would be covered by the back billing rules, but I wouldn't mention this until it's already been spelled out that she wouldn't be liable in any case.

by scrwm Sat Apr 15, 2023 9:34 pm

So... this DA is back at it.

We sent the DSAR to both the DA and Scotpower.
Onlyt he DA replied with a garbled claimed proof which they somehow had my daughters name on the account data they received from scotpower.

I've not sent the 3 letters yet but will start that on monday 16th.

Anything else I should be trying?

by **daveiron** Sun Apr 16, 2023 10:08 am

It would appear they both know they are on shakey ground,neither have
complied with your DSAR. I presume they had it over a month ago?

Instant complaint to the ICO is in order, and tell them you will be doing so.
Dont do the standard 3 letters.

If you hear from either again, just tell them you cannot and will not settle
any alleged account until they provide documentary evidence to prove their
claim.

by flyingfish Sun Apr 16, 2023 7:10 pm

Do you know if anyone was being billed for gas/electricity at that address at the time? And was anyone asked for meter readibgs, or did they supply them?

I'm just pondering on whether it's worth including the back billing argument yet. At the moment I don't think so unless we know that argument is bombproof.

by scrwm Mon Apr 17, 2023 4:31 pm

Thanks @daveiron and others.

This is what I will do The threatening idiots have sent another letter claiming they are so disappointed we have not responded, little do they know how disappointed they are about to be!

daveiron wrote:It would appear they both know they are on shakey ground,neither have
complied with your DSAR. I presume they had it over a month ago?

Instant complaint to the ICO is in order, and tell them you will be doing so.
Dont do the standard 3 letters.

If you hear from either again, just tell them you cannot and will not settle
any alleged account until they provide documentary evidence to prove their
claim.

by scrwm Mon Apr 17, 2023 4:33 pm

As a fact I do.

It was my wife and I. We are the accounts holder on our records for that address.

However since we have moved a few times cine then, SP have not been able to find me. So they just decided to try and take it out on my daughter nad make her pay, she was never on the account, nor on the AST. I am not sure back billing applies.

flyingfish wrote:Do you know if anyone was being billed for gas/electricity at that address at the time? And was anyone asked for meter readibgs, or did they supply them?

I'm just pondering on whether it's worth including the back billing argument yet. At the moment I don't think so unless we know that argument is bombproof.

by scrwm Mon Apr 17, 2023 5:17 pm

I have sent the complaint online to the ICO office. Also sent a second copy of the SAR to the DA and scotpower. These companies, honeslty. my daughter just lost her brother to suicide months ago and now has this bunch of idiots on her back. Luck for her I know about goodf. Cant imagine what would happen otherwise.

by flyingfish Mon Apr 17, 2023 6:25 pm

scrwm wrote:As a fact I do.

It was my wife and I. We are the accounts holder on our records for that address.

However since we have moved a few times cine then, SP have not been able to find me. So they just decided to try and take it out on my daughter nad make her pay, she was never on the account, nor on the AST. I am not sure back billing applies.

Back billing protection would probably not apply if they were pursuing you, assuming they raised a bill in your names back then.

But with your daughter it would, it's just thinking how to include it without implying that it's the only reason. Maybe something like..
"Furthermore even if I was the account holder, which I was not, the back billing rule would prohibit you billing for the first time for energy used more than 12 months ago".

Let's see what others think about that aspect.

by **daveiron** Wed Apr 19, 2023 8:25 am

Just a quick thought on this,have you responded in your daughters name
and address or your own?

If you have used your own they may try the excuse it was a typo and change
it to you ,as you both i presume had the same surname.

by scrwm Tue May 23, 2023 1:04 pm

daveiron wrote:Just a quick thought on this,have you responded in your daughters name
and address or your own?

If you have used your own they may try the excuse it was a typo and change
it to you ,as you both i presume had the same surname.

I replied in my daughters name, good points that, I recall that from the old GOODF forum which i read with massive appetitie Smile

by scrwm Tue May 23, 2023 1:05 pm

We have not sent the DA proof my daughter was never on the account in the form os our tenancy agreement and scottish power statements. awaiting their next move.

the tenancy was in a company name, (now struck off a few years ago)

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