debt collectors

[alex12]

HI

My problem began 10 years ago when my son had a bust up with his then girlfriend. After about 6 months he got a letter from a DDA stating he owed money on a contract mobile phone.My son has never had one, only pay as you go. After a number of letters and phone calls they believed him and asked for copies of signitures on passport and driving licence and one on a separate piece of paper.The last conversation was they acknowleged his writing was different to the form they had and were passing to the fraud dept. We thought it was over but recently got letters from other agencies asking for money owed. It has obviously been sold on a few times and a letter came yesterday demanding money owed to them and it was another company again.

Any HELP on how to convince these people its not my son's debt. We think the girlfriend may have something to do with this but cant prove it, even though we informed the police at the time.

Any help would be gratefully recieved.

alex

[Goldlady]

If the debt is more than six years old it is statute barred. Obviously your son has never acknowledged the debt or paid them anything. In which case they cannot enforce the debt against him, or anyone else for that matter. They are trying to use scare tactics to collect ancient debts and they have no right. There will be a suitable letter on here which hopefully someone will point you to - if not I will have a look for you.

[diskmandave]

Send them the Statute barred letter as a fishing exercise;

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html#post162366

 

What's interesting though is that a contract based upon an act of fraud can't become Statute barred, so if they do try that on you've got them both ways if they admit they know it was a fraudulent account.

 

Good luck, Dave.

[alex12]

Hi

Thanks for your replies. only the first company 10 years ago verbally agreed it looked like fraud. We didnt hear any more for some time then got odd letters now and then, we rang to tell them we were not paying a debt that we havent had. It is a different company each time. I think every time we ring and refuse to pay after explaining the story it gets passed to someone else. Some have been threatening but never followed the threats of legal action. My son doesn't live with us now and hasnt for 5 years but the letters still come to my address.

Thanks again going to look at templates now, will keep you informed

alex

[alex12]

Hi all

would it be worth writing to ask for a copy of the credit agreement they have I could include it in a letter I found on this great site about statute barred. Also should my son write the letter or can I do it on his behalf

thanks alex

[alex12]

as you can tell I am new to this knowing nothing about debt collectors only the letters we recieved after it was so called passed to fraud dept.

If they take us to court how can we prove my son didnt sign this? sorry to be a pain

alex

[Dispirited]

Hi,

Mobile phones are not covered under the CCA. BUT, you could send a request for an S.A.R - (Subject Access Request). Have a look at this page:

http://www.consumeractiongroup.co.uk/forum/telecoms-mobile-fixed/70464-mobile-phone-companies-consumer.html

[alex12]

Hi,

 

This so called debt has been passed to other DCA'S over the years so the first one obviously hasnt told of the fraud to others. How do I get them to take it seriouslyand check properly and not keep selling it on?

These letters are upsetting and worry my son even though he has never signed for any contract phone ever.

sorry to be a pain:evil:

alex