Debt Help?

[Psych V.1]

Hi

 

I am new to this site so I hope I placed this in the correct section.

 

I have been getting harrassed for some time not by O2 about a contract phone I apparrently had with them, needless to say that they have gotten a DCA involved, I have contacted both companies regarding this and telling them I don't have a clue about this phone, I have writen Letters about it and stating that I feel that my details have been used without my knowing and that I am not willing to pay the ammount they say I owe.

 

The DCA have mentioned that some money had been paid towards this "Debt", but at the time I started recieving the DCA letters I was in Debt with Capital One at the time and the letters were bassicly the same so I assumed they were from the Capital One Debt.

 

The DCA have contacted me more recently about it saying that if I can proove I didn't have this contract then they will drop it..... "If I can proove I didn't have it"??? how am I spose to do this?

I have contacted O2 and requested that they send me some kind of copy of the contract or something so that I can proove that I didn't have this, they took some details and told me thier fraud team will be in contact within 48hrs.

a month later no word from the Fraud team, I contact them again and was told that I have to pay it cos the details matched those that were used in the initial contract, which stands to reasonif someone was using my details.

 

I had nto gone to see anyone about fraud as I don't know what to do about it, I don't know who to see or speak too.

 

Any help or advise regarding this would be greatly appreciated.

 

Thanks in advance

[maroondevo52]

Hello and Welcome,

 

I'll move this thread to the Telecoms Forum, you'll get help in there.

 

Regards.

 

Scott.

[pelham9]

The DCA have contacted me more recently about it saying that if I can proove I didn't have this contract then they will drop it.....

 

That is a typical DCA nonsense. It is they who have to prove the contract not you. You cannot prove a negative.

 

My advice to you is

 

a) stop phoning anybody except O2 fraud - get everything in writing. Send you letters recorded delivery.

 

b) Do not communicate with the DCA in anyway particularly by phone. If they phone you refuse their security questions and they cannot continue. If they try to do so put the phone down. Sounds rude but you should not give your security details to anyone over the phone unless it is you have initiated the call. It is a favourite trick of indentity thieves to impersonate a DCA.

 

c) communicate only with O2 and then only in writing. Keep all correspondence. One exception - if O2 fraud communicate with you it is sensible as a matter of urgency to use the phone.

 

 

You have done the right thing to request a copy of the contract if it is in writing. If it was a phone contract they must send you the recording - if there is no recording there is no contract. You believe that the contract they say they have is a fraud - make them prove it. It is not enough for them to say that the contract must be yours simply because it has the right details. As you say it would have wouldn't it. You must offer to help their fraud department by actually seeing the paper or hearing the phone contract. It is very likely that as this is a fraud there is something in a paper contract that proves it and a phone contract will not have your voice. One wonders how good their fraud dept. is if this is the outcome of their investigation. Have you had any direct communication from the fraud department. If you have not I suspect it was never passed to them for investigation.

 

 

When you have sorted O2 you can go back to the DCA for the money they say was paid into the fraudulent account or have it applied to the CAP1 account.

 

You should be seriously worried about indentity theft. For all you know there may be bank accounts and credit cards out there in your name running up thousands of pounds in debt. Immediately (this moment!) go online to Experian and request a report online (costs £2) and check. O2 or the DCA may have already put a default marker on a CRA file.

 

 

Keep us informed.

[Psych V.1]

Funnily enough i did not speak to anyone in the fraud Dept now u mention it

 

also the Cap1 Debt has been paid up and is sorted since about a year ago now.

 

I will write a letter to O2 AGAIN stating that I request that they provide relevant information and such regarding this matter.

 

any ideas on what I should write? me being me I am not good at this sort of thing

 

thanks also

[buzby]

You are doing this the wrong way round!

 

Get a copy of your Credit Report. Have you been defaulted? If you this will bear the required information to go to O2 and (a) Ask them to prove the contract was taken out by you (b) Remove the adverse data on your file immediately (or when they prove that their information can be proved to be accirate.

[pelham9]

Have you requested a copy of your credit report yet! ?

 

If you have not been defaulted by O2 or the DCA you will find nothing about this disputed account on your report. They do not report acccounts until there is a default. or a poor payment record.

 

The importance is that there could be identity theft here and you must check this - not the O2 account but other accounts in your name opened by a fraudster.

[buzby]

Goodness. A trime warp!

[Psych V.1]

yes with the credit report, I did that last year at some point, it did say it was defaulted

 

i will see about getting another one done though to make sure there is nothing else on there

[buzby]

They cannot 'multiple default' you for the same debt, but armed with the latest info, you can go back to the network armed with this information and require them to explain in detail what the default was, and all the information concernng it. If they cannot, you need to insist that they remove it immediately.

[hunni2006]

Hi

 

This letter might help..... basically asking them to prove it....

I've just used it for a debt I don't recognise. (thanks to this wonderful site!!! :grin:)

 

Dear Sir

ref: XXXXXX

 

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

 

I would point out that I have no knowledge of any such debt being owed to XXXXXXXX (company name)

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

 

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

 

I 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 look forward to your reply.

 

 

Yours truly,

Hopefully this should make them check their facts.

 

there is also a template on here somewhere for a cease & desist letter telling them to contact you in writing only, I'll see if I can find it.

 

I would also co operate fully with O2 as suggested in this thread.

 

Maybe a subject access request would clear some things up too?

 

I'm new to this site too, but have found it to be full of absolutely amazing individuals, who offer great advice and support at a time when you feel like you're alone in the world fighting the big guns...

 

CAG - empowering the people!!!

Keep checking back and I'm sure that someone with a lot more knowledge & experience than me will be able to advise you further, and good luck!

 

regards

hunni:-)

 

Please note I have NO legal training.... My opinions are my own, based on knowledge gained through life in general, and this wonderful site, and are merely suggestions.... what you do is up to you.:grin:

[Psych V.1]

Thanks for the info guys, and hunni that leter is very informative and I shall start working on one of them for myself now

[hunni2006]

Thanks for the info guys, and hunni that leter is very informative and I shall start working on one of them for myself now

hope it helps.

 

still looking for that other letter... I've read so many lately....

[Psych V.1]

no probs, if yo do find it could u post it on here so I could at least have a read of ti myself?

[pin1onu]

hope it helps.

 

still looking for that other letter... I've read so many lately....

There is a template letter in parking and traffic forums that should do the job. Feel free to butcher it as you see fit.

 

Dear Sirs,

 

Re: Your letter dated [dd/mmmm/yyyy] Reference[#]

 

I refer to previous correspondence.

 

I do not feel that you are acting reasonably in this matter.

 

I have asked you to provide evidence to substantiate your claim against me and you have not done so. I feel that I have done all that I can to assist you. Unless you provide evidence to substantiate your claim against me I shall be unable to help you further in this matter.

 

This alleged debt therefore remains disputed by me. Save for supplying the evidence referred to above I must ask you to cease and desist correspondence with me unless it is to offer a resolution or close this matter.

 

Other than as described above, any further correspondence from you or any other party in relation to this matter may result in a complaint to the authorities under the Protection From Harassment Act 1997.

 

Yours faithfully

[buzby]

Oh yes - that'll do it. Harassment? Here we go again. Show me a court that supports the sending 10-16 letters n pursuit of a debt (whether real or imagined) is criminal 'harassment'.

 

It is this nonsense that fools people into believing they have some special powers to use in the event of recieving a few nastly letters, when in fact - it is perfeclty lawful.

 

I bet they won't stop laughing for WEEKS!

[installspark]

Show me a court that supports the sending 10-16 letters n pursuit of a debt (whether real or imagined) is criminal 'harassment'.

 

It is this nonsense that fools people into believing they have some special powers to use in the event of recieving a few nastly letters, when in fact - it is perfeclty lawful.

 

 

Criminal harassment it is not, unlawful harassment contrary to the Protection from Harassment Act 1997 it is.

 

Ferguson v British Gas Trading Ltd 21 January 2009

[Psych V.1]

thank you.. Thankyou kindly good people

[buzby]

Let me see - so in order to PROVE that this was unlawful harassment, the Gas customer had to take them to court, win then find the money for a possible appeal?

 

Very democratic. I've suffered long and hard at the hands of Scottish Gas, and had no help whatsoever from Energywatch who stood round like headless chickens, clucking quietly, as the onslaught of calls from BG's debt collectors kicked up a notce.

 

Whilst this Appeal does have use - it is very limited, as quoting it will not cause BG to stop their 'lawful' debt collection proceedures. And since each case will be based on its own particular merits, the next challenge could just as easily go the other way.

 

In my own case, I got my MP involved, which made them quit harassing and start negotiationg. I got mt supposed 'debt' wiped, and my current supply nill waived. I then switched away to a differnet firm.

 

So, a resulkt - and I didn;t go near a court. In the absence of a pot of money to seek solace in the courts, it is always best to exhaust the free options before the paid for ones are required, because for many of us, that isn't an optionLet me see - so in order to PROVE that this was unlawful harassment, the Gas customer had to take them to court, win then find the money for a possible appeal?

 

Very democratic. I've suffered long and hard at the hands of Scottish Gas, and had no help whatsoever from Energywatch who stood round like headless chickens, clucking quietly, as the onslaught of calls from BG's debt collectors kicked up a note.

 

Whilst this Appeal does have use - it is very limited, as quoting it will not cause BG to stop their 'lawful' debt collection procedures. And since each case will be based on its own particular merits, the next challenge could just as easily go the other way.

 

In my own case, I got my MP involved, which made them quit harassing and start negotiating. I got mt supposed 'debt' wiped, and my current supply bill waived. I then switched away to a different firm.

 

So, a result - and I didn't go near a court. In the absence of a pot of money to seek solace in the courts, it is always best to exhaust the free options before the paid for ones are required, because for many of us, that isn't an option.

[Psych V.1]

lol, they keep on calling the damn house phone!! I answered it and told them to stop calling cos it ****ing not only myself by my mum off also!, they asked if I could answer security questions to which I now answer NO.

 

They say I dont resond to the letters they have sent me!!! They havent sent any letters in a LOOONG time intead they constantly bombard the phone line, most of the time I not even been in the house!

[sam614]

http://www.consumerforums.com/resources/templates-library/52-harassment/135--harassment-by-telephone-response-letter

 

send them this.

 

SAM:pLOWELL DETESTER

[Psych V.1]

wow, i tell u what with any luck those letters did the trick... it's been about a week since the DCA tryed to call me through the house Phone lol

[Psych V.1]

People I would like to thank all those who have provided me with help, it seems the situation has been resolved, I recieved a letter through the post this morning saying

 

"Having recieved your comments, we can now advise you that we have closed your account in our files and you will receive no further communicationfrom ourselves in this matter"

 

I was wondering, is there anyway I can be re-embersed for the money i payed to it by mistake?

[buzby]

Hmm - if they have money of yours that they were not entitled to, you should ask for it back. However, it it was you simply paying off a debt and they've now agreed to wipe it, I think the chances of them payinganything back would be very slim....

[Psych V.1]

unfortunatly I payed money on it by mistake, like I said in an earlier post, I was in debt with Capitol One at the time and the letters were the exact same looking so I thought it was Capitol One.

 

but if I must make do I am glad that nightmare has FINALLY ended