Hi , wonder if anyone could advise please

i have received a letter from a debt collection company called Advantis

with a load of legal threats etc saying they are trying to recover money for a comany called text loan

who i have never heard of

i did phone advantis to try and find out what this debt was and apparently it was some sort of loan taken out approx 18 months ago,

i was pretty guarded with speaking to them and also found out they have a different date of birth to mine.

it seems as if someone has used my name to take out this loan (only around £280) ,

and until i got this letter i have never even heard of this text loan thing

They have said i have to suppy them with a crime refernce number to say that someone has fraudently used my name ?

could someone advise or direct me to a template letter to reply with ?

thanks

very common issue

i suspect they are phishing

unless they have ANY of your info correct

just used the phonebook to 'phish' people of the name of the person that got the loan

a post off letters to everyone they find hoping to strike luck.

never ever phone adca

in most cases they have NO legal powers

they are NOT bailiffs

you or i could be a dca tomorrow!!

i would send the prrove it letter

and get your cra file seebelow noddle is free

just to check its not been trashed

its for THEM to prove the debt is yours

not for your to prove its not

dx

i've moved your thread to the PDL forum

plenty to read here

dx

You don't have to supply them with a crime number, you don't have to supply them with a single thing.

It's their suggestion someone with your name took a loan so 'they' must supply 'you' with the proof that it is you.

You know it's not you, so I wouldn't respond to them any further.

In any event the police would tell you that you are not a victim of the crime and it is up to the OC to report that they believe they have been a victim of fraud. Do like Conniff said have nothing more to do with them and certainly not on the telephone. If they register the alleged debt with the CRAs report them and sue for Libel.

thanks for the replies have sent them the "prove it letter" via recorded mail

I sent advantis the "prove it letter" taken from here and today recived a letter back from advantis saying that if i believe this account was fraudently opened (which it was as i had never heard of txt loan until i got these letter), then i need to provide them with the date and time of the police station i reported this to

the crime ref number and so on , or provide them with details of my dispute with documentation

if i dont do this within 14 days my account will be be passed back to there collections process

anyone advise on my next step or just ignore ?

No you don't, you don't 'need' to do anything. It's not up to you to do their job for them. If they think you owe a debt, then it is up to them to prove you do and not for you to prove you don't.

If you wish to respond to them, that is all you need to say.

To Whom It May Concern:

Your Reference: xxxx

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

sent them this (as my final letter)

With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.

This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1

postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.

I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.

I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement.

This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 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.

In summary,

I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER:

1.True copy of original credit agreement

2.Statement of account

3.Copy of the executed deed of assignment from (INSERT COMPANY NAME HERE )

4.Fair Processing Notice.

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.

Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.

As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-

We may give information to the Credit Reference Agencies about personal debts you owe us if:

·The Amount Owed is Not in Dispute.

·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003

Deceptive and/or Unfair Methods-

2.8 Examples of unfair practices are as follows:-

k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.

If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT’s direction of 5 April 2006 and are therefore not a ‘fit and proper person’ to hold a consumer credit license under the 1974 Act.

If you do not understand what this means then seek advice from your legal department.

I look forward to hearing from you within the statutory time limit.

Yours faithfully

Strangely enough , i now have a company called Lucas Credit services writing to me trying to collect the same debt ..................

Send them the prove it letter and also tell them that they have been sold a debt that is NOT yours and as such you will be making a full complaint to the regulators about them. Theyll soon run off.

Lucus are bottom feeders

ignore them

http://www.consumeractiongroup.co.uk/forum/showthread.php?341620-Who-are-Lucas-Credit-Services-Limited