Unknown Default on My File - Help!

[lollipop2]

I was contacted by a debt collection agency by phone last year saying they needed to collect about £500 from me for an unpaid phone bill. I told them as far as I was aware there must be some mistake, my phone was up to date and still connected and I didn't owe anything. I asked them if they could send me proof that the debt was mine and they refused - saying the need was for me to prove I didn't owe it. How could I if I didn't know anything about it?!

 

Since then I've heard nothing else from them but I've had a default registered on my otherwise unblemished credit file and suddenly no lender wants to touch me - difficult as I'm trying to get a new mortgage in the next few months.

 

I really don't know where to start in sorting this out but my questions are (and I hope someone can help!):

 

 

• How do I find out who has registered the default?
  
• Am I right that they have to prove I owe the debt if I request them to?
  
• What can I do to get the default removed from my file?
  
• What evidence would I need to ask for - it's a mobile phone company? (An original credit agreement or something?)
  

I'm absolutely gutted about this - I've spent the last 8 years getting my credit file into tip top condition only for these pigs to ruin it. If I knew I owed the money I'd be more than happy to pay but as far as I'm concerned I don't. Surely they should be able to provide me with proof if I genuinely owe the debt. Or are they just a bunch of chancers who have bought a database of debts with no proof of debt?

 

Please help - I'm at the end of my tether with this. I don't even know which mobile phone company or which debt collection agency because it simply says "communications supplier" and "debt collection agency" on my file.

[silverfox1961]

Hi,

firstly write to the CRA and tell them the entry is wrong then send the DCA this

 

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.

 

 

 

This sort of thing makes my blood boil

 

they say they are responsible companies but put this rubbish on your file because you share a name with someone they can't find:-x

[lollipop2]

Thanks for your quick reply and the letter template very useful. I've just come off the phone to the National Debtline who also told me the following (which may be useful for others reading in the same situation):

 

- Even if I did owe the debt, the default should have been registered by the original creditor in a 'timely' fashion. These guys reckoned it was a debt dating back to 2003 so the default they've just registered isn't timely at all.

- The debt collectors were obliged by law to write to me stating that they intended to record a default unless I paid or contacted them in 14 days - before they registered it.

- I am well within my rights to ask for the original phone contract as proof I am liable for the debt.

- If the debt collectors don't respond to my correspendence I can make a complaint to the ICO and OFT.

 

My next task if finding out who the debt collection agency is but I'm going to write a letter to the credit reference agencies asking who it is that's registered the defaults.

 

These people are complete low-lifes! Thanks Silver Fox I appreciate your help - the letter template is great!

[silverfox1961]

Make sure you send it recorded delivery.

 

DCA's have a nasty habit of denying ever receiving letters sent by normal post