HELP- How can I stop a creditor harassing my parents?

[miss-m]

Hi all,

This is my first post and I hope that someone can help me.

In 2003, I took out a 5 year car finance plan with Online Finance. In 2005, the car was collected and the debt was satisfied- it says so on my credit file. However, now I am being chased by Marlin Finance for over £12,000 as they says that the debt is still outstanding. They wont provide any proof of this debt, and they are constantly phoning. I now cant find the letter proving that the car was collected or the debt was satisfied- I know I should have kept it safe but obviously didnt. An expensive lesson to learn. Marlin finance have also RELISTED the debt on my credit file- so now I have one with Online Finance which is satisfied, and the same debt with them which is in default! How can that be allowed?

The problem is, they are constantly phoning my parents as I do not have a phone. The debt is, for some reason, on my parents address and they sent a letter there saying a parcel was being kept for me and I needed to call to collect it. My mother, thinking she was doing me a favour, called up to get it for me, and unleashed all this! Because she used her house phone, they now have that.

It got so bad that I agreed to pay £100 per month just to stop them harassing my parents- my mother has M.E. and is pretty ill- she couldn't handle the stress.

But I still do not think this debt is correct- however, as soon as I stop paying, they will start harassing again.

I have told them I do not live there and that is not my number- I have even given them a different number for me, but they still called my parents. I live mostly overseas so dont have a UK address or home phone number.

Please help- I really do not know what to do.

[Curlyben]

First NEVER talk to these "people" on the phone as they will try and get you to agree to anything.

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.
This is achieved by requesting a copy of the Signed, Executed Credit Agreement via a Consumer Credit Act (CCA) request.
There is a template letter to be found here: Creditors and DCAs - Letter Templates & Budget Planner
Letter N.
Is it important to start the letter:
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

DO NOT sign it, but use a handwriting font instead. There are many to be found here: Free Handwriting fonts

It is best to send this request via recorded/special delivery as there are some important deadlines to observe.

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.
If a FURTHER month passes then the DCA has committed a summary criminal offence and the matter should be referred to Trading Standards for action once the DCA continues to demand payment.

I hope this clarifies some things.