Lowell reply to my letter

by MrGrand Tue Nov 24, 2020 1:56 pm

Hello!

I wonder if someone could help me with this.

Lowell sent me a letter claiming that they have acquired a debt from Npower and I owe them money for an unpaid energy bill back from 5 years ago.
I sent them the first of the 3 letters. They stopped texting me and sent me this letter -

What do I reply?

by **Mrblue2015** Tue Nov 24, 2020 3:39 pm

(Moving to Utilities Section)

by waylander62 Tue Nov 24, 2020 8:49 pm

i dont know a great deal about utilities to be honest but i will take a look,

are you aware what this debt is for ? eg, the period in which this accrued ? was it for electric/gas or a combination of both ?

is it correct and have you had bills which remain unpaid to equal this amount ?

was it an address you lived at or a property you rented out ?

you can reply by breaking their letter down but more information would be a big help.

by **LionsShare** Tue Nov 24, 2020 9:47 pm

when this happened to me I went through the 3 letter process & am still fighting. They do NOT want to give up, & they will fight.

They may now be going for this type of recourse (at least the light stays on & the home warm) instead of going for warrent of entry although that is still I think a preferred route & certainly more common.

In my position I can show discharge through Bills Of Exchange. It depends MrGrand on what have you done/not done in your situation.

by **LionsShare** Tue Nov 24, 2020 9:55 pm

MrGrand do you mind if I ask you have you moved (the number of times is irrelavent) since this 'debt' was 'created'?

by **LionsShare** Tue Nov 24, 2020 10:04 pm

regarding the wording in that document:

there is NO contract or agreement. It is possible I think to verbally agree a contract but not too sure how that could be proven unless all parties say 'yes' a contract was agreed - nothing written down.

The util Co(s) will state they have a deemed contract because they are the registered supplier at the address of..... I think if you research the case of Bevis v Parking eye there was some narration or comment or deliberation by the judiciary that you cannot have a deemed contract you either have a contract or you do not. In stating they have a contract they are essentially making it up because they say so.

It is (don't know for sure) possible this could be a debt just like all others on this site, if subject to CCA 1974.

Certainly in the 'pay by endorse' vids on YT sect 123 of CCA 1974 is referenced but I think that may be more over simply, using legislation to fit a particular situation. The water have stated to me there is NO contract or agreement.

by waylander62 Tue Nov 24, 2020 10:54 pm

wanted to know more about the debt before looking at the letter but anyhow:

para 2: " relates to an agreement" please state the nature of the agreement which you are referring to and how this agreement was entered into by me ?
" the terms and conditions allow the rights and benefits to be assigned" please provide a copy of the aforementioned terms and conditions that you are referring to highlighting the particular term allowing an assignment such as you are claiming to exist.

para 4: Please provide a copy of the suspension notice that you refer to and also all correspondence sent to me when the agreement was defaulted as you claim.

para 5 please provide a copy of the sale and purchase agreement pertaining to this alleged agreement as claimed

para 8 Please explain, in writing, as the data controller, how this 'contract' was entered into, as it is unclear from your letter that you have any idea. Please provide evidence that the terms and conditions were in fact agreed rather than assuming that they 'will' have been agreed and please explain how you believe that they 'will' have been agreed.

Please provide details of how the alleged sums claimed to be outstanding have become due, including any dates and/or periods of time relevant to your claims.

this is how i would respond anyway

by MrGrand Wed Nov 25, 2020 10:07 am

Thank you so much for your answers!

waylander62 - It is for both gas & electricity. The deadline in the statement they have attached to the letter is November 2015. I was living at this property and paying all the bills, but then I moved out and I assume the new tenant had accumulated this debt. I know it's my fault for not cancelling it correctly, although I thaught I did, but it is what it is.

LionsShare - Yes I have moved. This is my first knowledge of these unpaid bills. Thanks for the information, I will research "Bevis v Parking".

Thank you so much guys!

by waylander62 Wed Nov 25, 2020 10:41 am

so you are not even responsible for any of this debt !?

keep that quiet for the time being and try and obtain proof of you having not lived there, send off a letter asking questions ( such as i suggested ) keep lowell busy until you gather your information.

can you prove you lived at a different address ? ( hence my reason for requesting times/dates/period that this debt relates to.) if you get proof of this then it is a step forward you simply tell lowell that you informed N power of your move they are 3rd party chancers so have no idea what happened. Can you also find out who lived at the address during the period of the bills ( maybe the landlord could help you with some of this ? )

again this is not my area but this is what i would do others may provide a different opinion.

by **LionsShare** Wed Nov 25, 2020 11:04 am

MrGrand I also take it you are NOT with the same supplier as you were then otherwise they would simply add it on to your accumulative, & even if it turns out you were responsible then as waylander states keep it quiet.

By all means if it comes back to bite, keep in touch & will help as far as.....

LS

(1814)

by **LionsShare** Thu Nov 26, 2020 1:27 pm

To all readers & especially MrGrand, Lowell have a reference L4XDEF that appears to be on letters to quite a number of people.

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