Linked to debts that aren't mine?!

[redtone]

Since moving house around 18 months ago I've had a number of instances of debt collection agencies contacting me over debts which are not mine.

 

A bit of background. The house I've moved into is my girlfriend's family home which they've owned for over 20 years. Nobody in the house has shared a common first or surname. We recently completed the purchase of the house some months back. Also I have very few debts (a mortgage and a bank over draft) with all my loans paid off in full. I have no credit cards. My credit record is clear without any defaults.

 

Late last year this all started. Out of the blue I got a letter from a debt collection agency stating they were looking for someone of my name who'd previously lived at a stated address. I'd never even been to the town in question so phoned up and stated it wasn't me - they seemed happy and advised they'd update their records.

 

In March of this year I received a series of letters from Lowell/Red Debt relating to the above mentioned debt - both chasing me for payment/threatening legal action and offering up payment plans. After a letter of response where I explained that I didn't acknowledge the debt, did not know of their company and had never had a credit card, let alone with the company they'd bought the debt from they responded back confirming the matter was close. I did have to send a further letter threatening action if they failed to clear the entries they'd put on my credit record (which they'd advised had already happened) which they eventually did.

 

Then a few months back I get another letter. A different debt this time and a different debt collection agency (unrelated to the above as best as I could fine). Unfortunately I can't seem to find the letter for this one. However again in this instance I spoke to the people involved - despite the rude tone taken by the person on the other end of the phone they eventually agreed they had the wrong person.

 

So onto this morning. I receive a letter from another debt collection agency - Direct Legal & Collections. I don't believe they're related to either of the above (though as I can't find the second set of info I can't be 100% sure). They claim I owe Hillesden Securities over £1,500. I understand Hillesden aren't the company who the debt is likely to be with. However as at the opening, I don't have any debts - certainly nothing that I know of.

 

The letter states that they have been unsuccessful in contacting me at my previous address and that I've failed to notify them that I've moved. Their 'sources' have confirmed I live at this address and they want me to contact them to resolve the issue.

 

So I have both a short term and long term question.

 

In the short term how do I respond to DLC? Replying by phone doesn't seem the best option so do I need to respond in writing stating that I don't acknowledge them, their client or the debt and explain that I believe they have the wrong person and that I don't knowingly have any outstanding debts? Should I mention that this isn't the first instance of a DCA contacting me incorrectly? Should I request details of the debt at this stage or see how they respond?

 

Also longer term, how can I stop this from happening. Other than the name in the first two instances and I presume in this instance, there's nothing I can see that links me to any of these debts. Even though I'm absolutely confident in knowing I don't owe money to any company - you start to get worn down by this kind of thing!

 

Any help/guidance would be appreciated.

[PGH7447]

I would personally throw the letter in the bin and waste no more time with these idiots, failing that just send their letter back with person not known at this address, preferably wrapped around a house brick with no postage attached.

 

Have you checked you credit record latley to see if any spurious entries linking you to a previous address has been added by these morons?

[huggy41]

me being me would write a letter only 4 words long.

SEE YOU IN COURT

[PGH7447]

me being me would write a letter only 4 words long.

 

SEE YOU IN COURT

 

Brilliant:D

[redtone]

Have you checked you credit record latley to see if any spurious entries linking you to a previous address has been added by these morons?

 

In the first instance they did link the address in question but after they confirmed they contacted me in error they eventually had this entry removed.

 

Just checked my record now and it's still only showing the current and previous addresses I lived at.

[PGH7447]

Would indicate that these details have been passed around by the morons within the DCA industry then, Just ignore them, I keep getting letters from some of these companies for the prvious occupant, I now just write IDIOTS on the outside and sent it back

[redtone]

Not disputing the advice but it's pretty **** that I can continually get hounded by this and seemingly other than ignore it, there's not a great deal I can do.

 

It's harder to return the letters as it's only after opening that I realise what it relates to.

[PGH7447]

You could complain to the Information Commisioners office about Data protection etc

 

Complaints - Privacy & electronic communication - ICO

Data protection

 

If you have a complaint about any aspect of data protection – maybe you believe your personal information has been handled incorrectly – we may be able to help. First, please read the data protection section. This will tell you what we can investigate, what you should tell us and the possible outcomes you can expect

[redtone]

Funny you should mention data protection as I was on a briefing about that yesterday. I'm not sure how it applies to the wider problem - whilst I can see how it could in the individual instances relating to misuse of my personal data. It wouldn't prevent someone from doing it in the future. Maybe that's the crux, if they're just randomly going through the phone book writing to everyone with the same name as the debtor there's not a great deal I can do. It's very frustrating though.

 

Maybe the OFT would be better to complain to?

[PGH7447]

some of the lowest DCA's do a trawl of names and bulk send out begging letters in the hope that someone will respond, they then do their damndest to pin some debt onto the poor sod who responded first.

 

all such letters should be sent to the companies nearest Trading standards and or OFT for their records on how these lowlife operate

[2Grumpy]

Not disputing the advice but it's pretty **** that I can continually get hounded by this and seemingly other than ignore it, there's not a great deal I can do.

 

It's harder to return the letters as it's only after opening that I realise what it relates to.

There are stories of people who couldn't cope with this and either paid up to get a quiet life or topped themselves!

 

Remember that when responding to these 'people'.

 

I would get a short letter together as it seems to be a regular occurrence.

 

I would demand they confirm no further action will be taken, that they confirm that they haven't updated your credit file and why they thought that you were the correct person in the first place and why they didn't carry out any checks before they contacted you.

[redtone]

Thanks for the response. It's exactly your first point that annoys me - given my confidence that it's not my debt I'm in no hurry to give them any money (or top myself) however I can easily see how someone could rush into that situation given the tone they take.

 

I think I will respond in writing - I'm not a big fan of sitting doing nothing. I'll post what I propose to say.

[redtone]

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

I am writing to you regarding the letter I received today dated 5th November.

 

I believe that you have incorrectly linked me to the debt referenced above. I have no financial dealings which have an overdue balance at this time nor have I at any time in the past with yourselves or any other company.

 

Therefore unless you can provide evidence to the contrary I would kindly ask you to confirm in writing that you have in fact incorrectly linked this debt to and that my record with yourself is now closed. I also expect that no entries are made in my credit file or if they have that you take the action to remove them and also confirm this in writing.

 

However should you wish to pursue this matter then I would request full details of the debt including a copy of the signed credit agreement, the information from which you have ‘confirmed’ that the debtor is in fact myself and details of the address at which the debt relates to.

 

If you fail to comply with the above then I will seek out legal advice on the matter and also seek guidance from the Office of Fair Trading reminding you that the OFT guidelines state that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

[Ell-enn]

DLC are an absolute pain in the ar*e and are very aggressive. They sent a letter to my son's address 60 miles away looking for me - I've never lived there, he'd only moved in 6 months efore and he hadn't lived at home for 7 years before that. Doesn't make for happy families I can tell you! However after a complaint to the CEO of DLC and informing Trading Standards I eventually received a letter confirming that they had made a mistake and it wasn't me they were looking for. (I have that letter in a VERY safe place!)

 

Absolute proof that they trawl credit reference agencies and electoral rolls for similar names etc. They should be closed down.

 

 

Ell-enn

[ScabHunter]

DLC are part of Hillesden.

 

Nasty characters indeed, who operate in an extremely underhand way.

 

Here is the letter that I would send to all of these goons -

 

I ACKNOWLEDGE NO DEBT TO YOUR COMPANY NOR ANY COMPANY YOU PURPORT TO REPRESENT

 

Dear Mental Defectives,

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

As I have no knowledge of this alleged debt, I demand that you prove your entitlement to enforce it. No further correspondence will be entered into unless you can prove that this alleged debt exists, and that I am indeed the debtor.

 

As your letter of xx/xx/xxxx already puts you in breach of the Office Of Fair Trading Debt Collection Guidance a complaint has duly been filed. Any further breaches will be added to this complaint.

 

Should you fail to comply with my demand for proof, the matter will be brought to the attention of my own local Trading Standards department, as well as the one in your local area.

 

As you have demanded money with no proof of entitlement, you can regard this letter as the initiation of a formal complaint. I therefore request a copy of your official complaints procedure which you are legally obliged to supply. Should you fail to satisfy this complaint, it will be escalated to the Financial Ombudsman Service.

 

Should you be unable to provide proof that this alleged debt is genuine, then you are in breach of the Data Protection Act 1998 and must cease processing my data immediately. Failure to comply with this will result in a complaint to the Information Commissioner and may result in court action.

 

Also, note that while the account relating to the reference number above remains in strong dispute, you are not allowed to pass it on to any third party. Should you do so, further complaints will be made to the relevant authorities outlined above.

 

I look forward to your reply that this matter is now closed and that you have totally removed my data from your system.

 

Yours Faithfully,

 

xxxxxxxxxxx

 

Don't waste money on Special or recorded delivery, as this is not a document that will be relied upon in court.

 

Follow up with complaints as appropriate, preferably by email. Cheaper.

 

SH