debt isnt mine--help!

[Jtsd02]

hi guys.im new here and a bit lost.just need some advice.

 

how do i stop numerous debt agencies sending me letters demanding me to pay a debt,even though it isnt even mine.i have never had an outstanding debt,let alone one with this particular bank.i have the same name as the person they are looking for and they have even followed me by letter when i moved house.they have admitted over the phone that i am not the correct person but its still ongoing.i dont know what else to do.

 

ive read about a letter to send to the people.could someone direct me to where i could find it please and to any other forums i can read to get to the bottom of this.

 

oh,one more thing,will it affect my credit rating?if so how do i fix that

 

thanks guys

 

j

[sosumi]

hi guys.im new here and a bit lost.just need some advice.

 

how do i stop numerous debt agencies sending me letters demanding me to pay a debt,even though it isnt even mine.i have never had an outstanding debt,let alone one with this particular bank.i have the same name as the person they are looking for and they have even followed me by letter when i moved house.they have admitted over the phone that i am not the correct person but its still ongoing.i dont know what else to do.

 

ive read about a letter to send to the people.could someone direct me to where i could find it please and to any other forums i can read to get to the bottom of this.

 

oh,one more thing,will it affect my credit rating?if so how do i fix that

 

thanks guys

 

j

Hi J

There is a 'prove it' letter here that you can send them, but I can't find it right now.

Don't talk to them on the phone. Insist on written communication only.

Hopefully someone else will be along soon to help, but you can ask for copies of your credit files from Experian, Equifax and Callcredit. They cost £2.00 each by post. Don't apply for them online. You have been 'mistraced' and you need to sort it out - you'll get lots of help here

[Jtsd02]

thanks sosami

 

im just at a loss at what steps to take to get them away from me

 

j

[maroondevo52]

Hi,

 

Here's the 'prove it' letter.

 

 

Dear Sir/Madam

 

Account no:

 

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.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

**Edit to suit**

 

Remember, don’t sign the letter.

 

Yours faithfully

 

 

 

 

Regards.

 

Scott.

[Jtsd02]

so,after i send this letter what should i expect to hear from them.what happens next?

 

btw ,thanks for replies guys

[maroondevo52]

Hi,

 

It's like asking how long's a piece of string these people seem to think they are a law unto themselves. I still get phonecalls about debts that are not mine.

 

It's called 'phishing' they find someone with a name close to yours that may live in the same area, then send you a letter hoping your the person they are looking for.

 

You can report them to the OFT as mentioned in the 'prove it' letter.

 

Regards.

 

Scott.

[Jtsd02]

ok,i dont have a clue how all this debt agency stuff works.so will it affect my credit rating or anything with these warning letters getting sent to me?

 

j

[worried parent]

Would be a good idea to check your credit files in case of any nasties.

[maroondevo52]

will it affect my credit rating or anything with these warning letters getting sent to me?

 

j

 

No, if the debts not yours and they can't prove it is, they cannot make any adverse comments on your file.

 

Regards.

 

Scott.

[Jtsd02]

well,thats good to know.they cant prove it coz it aint mine.at least i can prove that.it is sooo frustrating!

 

am i best just to send the letter then forget about it?

 

thanks for help scott!

[maroondevo52]

Hi,

 

Yes, think you should, I know it can be a nightmare.

Who are the Debt Collectors ?

 

Regards.

 

Scott.

[Jtsd02]

well,there were two.the first was 'debt and revenue services' and it now seems to have been passed on to'debt transaction services ltd'the debt seems be be a mbna credit card debt.never had an account with them in my life

 

j

[MARTIN3030]

I agree with other advice.You should get a copy of your credit files,and see whats recorded there.

Can you answer who the DCAs are ?

Obviously yes-you can ignore them,but its likely they will be back again in the future and you want this stopped right ?

 

I would send a letter on the lines of the following;

Your reference....................................

 

Dear XXXXX

 

 

I am extremely concerned that you have sent me a demand for an alleged debt,which I have no knowledge of,nor admit any liability towards.

I require you to give me an undertaking in writing,that you will now cease to send me any further communications in relation to these alleged debts.

In the alternative,please supply me with evidence to connect me with these alleged debts,as is my rights under Office of Fair Trading final guidance on debt collection.

I give you 14 days to respond.

Should these demands continue,I will contact my local Trading Standards,and also the OFT via consumer direct,to report your non compliance of recognised industry codes of practice, of which you should be seen to be upholding.

Additionally,should I learn that you have been processing my data with any third party,or attempt to pass on this alleged debt to third parties then I will view this equally as adverse activity, in relation to my credit standing and will take action against you as appropriate.

 

Yours Faithfully/Sincerely

 

XXXXX

 

 

send recorded keep a copy do NOT sign your name.

Edited March 13, 2009 by MARTIN3030

[MARTIN3030]

Dont be tempted to put a contact phone number on your letter either-keep this strictly in writing.

Remember-the Onus is on them to prove any debt-but you dont have to wait forever for this-give them 14 days.

[Jtsd02]

cheers guys.ill get the letters done this weekend and hopefully itll be the last i hear from them

 

j

[Jtsd02]

ok just had a thought,i know im jumping the gun here,but what happens if they do send supposed evidence that links me(which is impossible.but dont trust them now after reading these forums).what do i do then.whats next move?

 

j

[MARTIN3030]

Lets cross that bridge when and IF that comes.

For now get the letters out to them-If you are sure these dont relate to you-then you have nothing to worry about,and in fact could even benefit from Compensation if this goes on for any length of time.

[Jtsd02]

ok martin

 

sounds good to me

 

never had an mbna credit card in my life.im not worried coz i know it aint my debt.its just very annoying that im having to deal with it and it falls on death ears when i phone them

 

j