Debt collection agency is chasing me for a debt that is not anything to do with me!

[katielawrence1987]

Hi,

I have had 2 letters sent to me from a debt collection agency demanding a payment of £732 plus interest for a water company account. The first letter was a "formal demand" and the second was a "final demand" before legal procedings.

I have never had an account with any water company and I know I am not the person they are after. I am very sure that what has happened is that they have looked for the persons name on the electoral role and found I share the same name with the person they are trying to contact. They have probably sent the letter to both of us, or if the other person is not on the electoral role then just me. I have done some research and I have found out the following:

The office of fair trading states that "sending demands for payment to an individual when it is uncertain that they are the debtor in question, e.g. threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made." Is highlighted as an unfair or deceptive method under debt collection methods.

I have also found out that under The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or a creditor's agent (often a debt collection agency) to make demands (for money), which are aimed at causing "alarm, distress or humiliation". I could argue that it has caused me alarm, distress and humiliation within my home.

Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings. This is clearly the case with me because they cannot possibly proceed against me if I am not the debtor in question.


With the research that I have shown above I wonder if I can use any of this to get compensation from the debt collecton agency as it has caused me a lot of worry and distress unfairly.


Thank you for everyones opinion.

[pmhread]

Have you been in contact with them at all about this?

[katielawrence1987]

not yet because I have been on holiday and I came home to the letters

[StoneLaughter]

I would write back to them with the standard CCA letter in the template demanding the copy agreement, statement of account, and deed of assignment and denying any debt with them. If they send you someone else's details, complain to the information commissioner...

[pmhread]

Not a nice homecoming is it....

Your thoughts are probably spot on. Have seen this happen elsewhere on this forum.

[katielawrence1987]

Thank you for your opinions. Is the CCA letter in the bank templates library or elsewhere?

I will keep you updated as to what happens

Katie

[katielawrence1987]

I dont know what CCA stands for so im finding it hard to find that letter. I would be most grateful if someone could help me.

[comanche]

CCA= Consumer Credit Act

The letter:

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

[katielawrence1987]

Thank you very much, I have wrote the letter and will keep you updated.

Katie

[tabac]

Hi,
I have seen lots of cases like this. I would be very tempted after all letters etc have failed to convince them, is to let them take me to Court and then tell the magistrates/Judge it has nothing to do with me and reapeated attempts to tell them this has failed.
I would let them hang themselves.

[StoneLaughter]

Just one thing, you say in your post:

Equally, a creditor will be committing an offence if they falsely imply that non-payment of the debt will lead to criminal proceedings. This is clearly the case with me because they cannot possibly proceed against me if I am not the debtor in question.

They have not threatened criminal proceedings, have they? Have they threatened you with a jail sentence, a Fine or suchlike? When they normally say "take you to court and obtain Judgement for payment of the balance" that is not criminal proceedings but CIVIL proceedings.

[SNIPER111]

Its obviously for the other person. they cant sue you for a debt which isnt yours. Call the debt agency and tell them your DOB and ask if it matches the one on the system. Chances are it wont so they will stop hassling you.

Best thing to do is put your story in writing and send a copy of you birth cirtificate.

Debt collection agencies always threten court action but in reality only about 1-2% of bad debts are sued in the UK.

I work in a DCA so trust me youve got nothing to worry about

One thing: whats the name of this agency?

[rosiecotton]

Bear in mind that you won't get compensation. You might get them off your back, but that's about all.

If they don't listen, report them to Trading Standards and the OFT as they are the enforcing body for the legislation you mention. However I must warn you that many TS departments are under resourced and this isn't always top of their priority list, sadly.

The main thing is, don't worry about it. If it's not your debt there isn't much they can do about it. Imagine what a judge would say if it DID get to court!

[Zamzara]

The office of fair trading states that "sending demands for payment to an individual when it is uncertain that they are the debtor in question, e.g. threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made." Is highlighted as an unfair or deceptive method under debt collection methods.

Has anyone got a link to this regulation? It would be worth its weight in gold when fighting private parking penalties.

[rosiecotton]

It's not a regulation, it's the OFT's debt collection guidelines.

You should be able to find them on the OFT's website.

[1want1tbak]

My wife is in a similar predicament. Global Debt Recovery Ltd have written to her about an alledged debt they bought from the TSB. They say the debt is from May 1998. They place her as using the same surname as me at the time. The odd thing is,is that i only met her in March 98 so we never had a joint back account. She was recenetly divorced when i met her, so she reverted back to her maiden name. I moved in with her in Jul 98 and we didn't get married till Nov 99..Only then did she take my surname and also became a joint account holder with me.
She cannot recall ever owing the TSB any money. If it is correct and the debt was hers, is there not a time limit whereby the debt has to be written off after a certain number of years.?
I'm not always on here and not too sure if i'm allowed to do this, but can someone reply to my e mail addy: ro1mart1n@hotmail.com
I'd be extremely grateful...i am also contemplating using the letter as shown a few threads above as i think i might need to do something.
Well...heres hoping.

[StoneLaughter]

A debt is "Statute Barred" (i.e. ceases to exist) if there has been no contact between the alleged "debtor" and the alleged creditor for six years or more (different for mortgages and some other debts). You can simply write to them with the letter above and see what they're referring to... if it is from any time before July 2001 then it is Statute Barred under the Limitations Act 1980.