. . . to be losing my mind about this?!

[RedPandaFluff]

I've just received a letter from a debt collection agency seeking recovery of a electricity debt from about five years ago.

This is the fourth time, and fourth different agency that has chased me for this. Every time I provide evidence to the debt collection agency and the utilities company involved that the house was let out to tenants for the relevant time period and I'm not responsible for the debt. Every time, they apologise and advise me that the case will be closed. And then a year later I get another threatening letter from a debt collection agency and the whole cycle begins again.

I'm at a loss now. It really stresses me out as I've never defaulted on a payment in my life. I feel helpless as, apart from complain and tell them everything once again, I just don't know how to stop this for good.

What can I do? I feel harrassed!

I would ask Citizens Advice, or the Energy Ombudsman for advice. Failing that, you could try one of the newspapers which has a section for personal finance/consumer problems, e.g. the Guardian's 'Your Problems' section.

The original utility company will be passing the debt on to these agencies. So, once you provide proof the the DCA they will just send it back to the utility company, who will most likely have a cycle of agencies they use. Their systems flags it, it gets sent on again.

My advice would be to contact the utility company with a 'Prove it' letter. Basically the onus is upon them to prove you owe said debt. Send a copy of the tenancy agreement and request that under GDPR they remove your details as they have no right to be holding them when the debt is not yours.

Be very careful and aware though that they might try for CCJ as last ditch attempt, as they are coming up to the 6 years statute barred limit. You should be able to robustly defend any claim, but there are strict response time scales so make sure you keep an eye out for letters.

I would preempt and write to the utility company first though. If you need a template just let me know.

I was thinking the Ombudsman, @exexpat, but I have to go through the complaints process first and apparently it can only go to the ombudsman if the complaint doesn't get resolved, whereas the utilities company is saying it IS resolved.

But yes, I'll try that avenue. It's just exhausting though - I already have a lot to worry about at the minute, without having to sort this again too.

@LMW1990 I've done all that, as I know the source of the problem is the utilities company. Each time they apologise and assure me they'll call the agencies off and make sure it won't happen again, and it always does.

@RedPandaFluff you can still appeal to the Ombundman even if they 'resolved' your complaint. So long as you went through the complaints process internally and you are dissatisfied with the outcome, you can appeal.

@RedPandaFluff I would send them the GDPR notice then to remove your details. They have already admitted the debt is not yours so they should not be storing your information (unless you are a current customer?)

Could you send a cease & desist letter from a solicitor to the utility company?

Is this Scottish Power by any chance?

GDPR! Good thinking! I'll do that as well.

Maybe a solicitor's letter is a good idea. I resent having to spend the money to do that, though; I shouldn't have to. But it would be worth it to get the matter resolved for once and for all.

First Utility, @thenightsky - and I will never, ever use them again. They were a nightmare from the start.

You can send a cease and desist without a solicitor. I have a template for the new GDPR cease and desist somewhere - let me dig it out for you

I saw something online the other day that there is a new policy for all suppliers whereby they can no longer chase a debt over 12 months old. Might be worth a Google. I think it was Ofgem who published it.

Yeah just found it, came into force in May this year.

RedPandaFluff DD had the same issue with Scottish power. She rented a tiny one-bedded flat and worked full time. She was on PAYG meter.

Almost a year after she moved out, she got bills for 5k for a period of 3 months! Every time we thought we'd sorted it, 6 months would go by and they'd start again with the red bills. Worst was 5k, best was 2k (every bill was different). Ombudsman intervened. It got sorted. Guess what... 6 months later it all flared up again. This was despite them saying sorry and telling us the account had been closed every single time. A year ago I posted a rant on their FB page and we've heard nothing since. I'm still expecting it to come back again though.

Never have dealings with Scottish Power.

Dear Sir/Madam

Account No:

You have contacted me about the account with the above reference number, which you claim I owe. This matter has now been, on more than one occasion, referred to debt collection agencies by you. On each occasion proof has been provided that I do not owe this debt. This proof has been accepted and the matter closed with each and every DCA.

For the avoidance of doubt, I have no knowledge of any such debt being owed to you in my name.

I provide for one final time a copy of proof that [information about tenants]

I am familiar with the Financial Conduct Authority's (FCA) Consumer Credit sourcebook which states the following.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

If you do not stop collection activity whilst investigating my dispute, you are breaking FCA rules and guidance.

Also, ignoring claims that debts have been settled or are disputed and continuing to make unjustified demands for payment is harassment.

Please do not make any further contact about the above accounts unless you can provide evidence of my liability for the debt.

Furthermore, as you will be aware, under GDPR Art. 17 I have the right to request erasure of all details pertaining to me from your system. As I do not owe this debt, and you have provided no proof to refute this, please now remove all, and cease processing of, any and all of my data. You have no legal grounds or legitimate purpose to process my data.

I await your written confirmation that this matter is now closed and that GDPR has been complied with. Otherwise I will have no option but to make a complaint to any all relevant bodies pertaining to this matter, including but not limited to, the FCA, Ofgem and the ICO.

I look forward to hearing from you.

Yours faithfully

Fantastic, @LMW1990 - thank you. I'll tailor that and send it.

@thenightsky That is appalling. Your poor DD. It's incredibly stressful.

I'm a bit worried about consequences as well, in terms of credit rating etc. Must check my credit file to see if there's anything on it.

You're welcome! If you need anything else - give me a shout

Hey guys I need you're help.. I have been with Scottish Power since 2005 for my gas.. Now is 2016 there debt team rang me and said I have a credit on my meter and I am owed money becouse I have been over paying charges on my meter everytime I top up.. I was sent out a cheque so obviously I cashed it with it being the money I was told I was owed... 2 weeks later I got a phone call saying I have to pay that money back becouse it was a mistake on there end so I said well I am still owed money so what happens now they said I have to pay the money back they sent me and its all been a mistake I am not owed anything.. Now they won't let me switch u till I pay them back and there even taking £6 of every £10 top up..