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    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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C A B Tommorow


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HI to all

 

So We have waited five weeks for our appt with C A B and it is tommorow and we cant wait, as our initial meeting was very relaxed, however I need a little input as to what to do.

 

Do I still cca companies that I want to, or do I let the CAB deal with them?, and will it effect me in any way if the CAB make offer of payments on my behalf, and I am chasing them with a cca?.

 

Just to let you's know that since I informed various creditors that I was seeing CAB, they did not seem to happy, especially 'Portland house' who'm act for Morgan Stanley, they keep calling me, infact about half hr ago saying that they will commence crt action etc etc as they have been saying that for over a year ( What is my best way forward with Portland House).

 

Cheers I shall let you all know how it goes tommorow.

 

Goodnight all

 

Mr W

Regards..Mr Worried :)

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CAB will NOT get involved in challenging your debts

 

just let them set up the arrangement or you and then do the business on here with help from us

 

CAN CCCS PAYPLAN will never give you any encouragement or positive advice about challenging debts

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CAB will NOT get involved in challenging your debts

 

just let them set up the arrangement or you and then do the business on here with help from us

 

CAN CCCS PAYPLAN will never give you any encouragement or positive advice about challenging debts

Thanks for the reply

But if they set up an arrangement am I still allowed to challenge the debt? and if yes then will it effect the arrangement?

 

Thanks

 

Mr W

Regards..Mr Worried :)

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CAB will NOT get involved in challenging your debts

 

just let them set up the arrangement or you and then do the business on here with help from us

 

CAN CCCS PAYPLAN will never give you any encouragement or positive advice about challenging debts

 

Absolutely spot on....

 

CAB will just give you the 'absolutely necessary expenses' blank form to fill in (and a bit of advice on which bits to expand upon) and photocopy, then its down to you to deal with your creditors - make offers of payment etc etc...

 

Pls remember - once you acknowledge the debt and make any offer of payment - your statute barrred debt date resets to the date you acknowledge...

 

So if you have a debt you havent acknowledged for 5 yrs and 6 months and you go through the process with CAB, send out the letters - acknowledge the debt etc

 

The debt would have been statute barred in 6 months

 

Once the letters go out and the debt is acknowledged - its 6 years again - from date of acknowledgement....

 

Sometimes you need to weigh up the options carefully....

 

I wish I had found this site 5 years ago :p

Edited by Gixer1100
Missing the info link
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5 weeks for an appointment!! That's taking the P.

 

Cut backs on the CAB mean they are less pro-active and you may as well DIY it for what they are worth. Each one funds their own cause and they are so overwhelmed they can't cope. Either way all you will get is basic advice that you can easily read from National Debtline in the comfort of your own home and act upon.

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Absolutely spot on....

 

CAB will just give you the 'absolutely necessary expenses' blank form to fill in (and a bit of advice on which bits to expand upon) and photocopy, then its down to you to deal with your creditors - make offers of payment etc etc...

 

Pls remember - once you acknowledge the debt and make any offer of payment - your statute barrred debt date resets to the date you acknowledge...

 

So if you have a debt you havent acknowledged for 5 yrs and 6 months and you go through the process with CAB, send out the letters - acknowledge the debt etc

Thankyou for the reply

WoW..St

 

The debt would have been statute barred in 6 months

 

Once the letters go out and the debt is acknowledged - its 6 years again - from date of acknowledgement....

 

Sometimes you need to weigh up the options carefully....

 

I wish I had found this site 5 years ago :p

 

Thanks for the reply

WOW Statue Barred? can any body explain this please! seems like I have to make decisions, and I will do along with the help of the cagers.

 

Does any body have a 'letter of authority' so I can take over my partners grief etc.

 

Thank you

 

Mr W

Regards..Mr Worried :)

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You may wish to send Portland House this letter -

 

Your Street

Town

City

Postcode

DATE HERE

 

 

Company Name

Road

Town

City / County

Postcode

 

 

Dear Sirs

 

Harassment by telephone

 

Account Number: XXXXXXX

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully,

 

 

[NAME HERE]

 

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You might be really lucky with the CAB and go to one that has a money adviser...

 

The other thing to be aware of - if a debt has been assigned and you have not received notice of the assignment by registered post/recorded delivery then it is possibly not in your interests to write to the new creditor

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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Hi guys,

 

Can I just make a point of saying that depending which CAB you use depends on what happens.

 

I am starting training on Monday at a local CAB and they do challenge debts.

 

I have had a couple of really good indepth conversations with the resident debt specialist (which is my ultimate goal), and this is the first step taken with all new clients.

 

Regards

 

David

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Hi mr worried, like you I also sought help from CAB as well as other debt advice centres and being 'new' to debt believed all they said which quite frankly was frightening, I have since found out with the help of this site that a lot of debts can be challenged and court action is not always bad. I am now in a much stronger position both financially and mentally and whilst the advice from CAB was welcomed the picture is not always as grey as they sometimes paint.

sleepingdog

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Hi guys,

 

Can I just make a point of saying that depending which CAB you use depends on what happens.

 

I am starting training on Monday at a local CAB and they do challenge debts.

 

I have had a couple of really good indepth conversations with the resident debt specialist (which is my ultimate goal), and this is the first step taken with all new clients.

 

Regards

 

David

 

good on yer- nice to see folk helping

 

however unless there has been a major policy shift it was always their intention that if you borrowed the money you owe it and they will not assist or advise in legal challenges to agreements

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good on yer- nice to see folk helping

 

however unless there has been a major policy shift it was always their intention that if you borrowed the money you owe it and they will not assist or advise in legal challenges to agreements

 

I think that most Bureaux adopt that approach - although there are exceptions - I've been employed in the past in a CAB, in Wolverhampton, and have worked alongside paid debt advisers who have actively challenged agreements.

 

I also know, for example, that the Sheffield CAB Debt Support Unit - which provides specialist debt advice to other CABx and advice centres in Sheffield have been heavily involved in challenging agreements - for example they've done a lot of work on log book loans and enforceability...

 

It really does come down to the individual bureau and the individual workers...don't forget that CABx are not run by NACAB - what actually happens is that individual bureaux are separate charities which have a franchise from NACAB - there is a lot of difference between individual CAB.

 

Derby for example is also a law centre which employs legally qualified staff

 

Unfortunately it really does depend on the luck of the draw as to what approach the local CAB takes...its' a question of suck it and see

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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You might be really lucky with the CAB and go to one that has a money adviser...

 

The other thing to be aware of - if a debt has been assigned and you have not received notice of the assignment by registered post/recorded delivery then it is possibly not in your interests to write to the new creditor

 

Thanks for the reply. but can you explain your advice in a fashon that my partner may understand, and why not write to them?

 

Mr W

Regards..Mr Worried :)

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Hi mr worried, like you I also sought help from CAB as well as other debt advice centres and being 'new' to debt believed all they said which quite frankly was frightening, I have since found out with the help of this site that a lot of debts can be challenged and court action is not always bad. I am now in a much stronger position both financially and mentally and whilst the advice from CAB was welcomed the picture is not always as grey as they sometimes paint.

sleepingdog

Hi Thanks for your reply, my missus thinks if they say jump, she will and if they say br she will, but it is not that bad to go br, I will suck n see today at 3pm then let you's know how we get on..

 

Ta

 

Mr W

Regards..Mr Worried :)

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Its' all about the Notice of Assignment - before the assignment is "effectual" written notice has to be given. There is no prescribed form of the notice - anything that tells you there has been an assignment will do - Unless the notice is either served by registered post/recorded delivery or hand delivered OR you have acknowledged receipt of the Notice any claim brought by the new creditor will be fatally flawed - they must be able to prove that the NoA was served before the claim was issued - if not then you have a defence to any claim

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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I think that could be.possibly the only reason I am pleased I live in Sheffield.

 

 

Regards

 

David

 

Snap - so do I

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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CAB will NOT get involved in challenging your debts

 

just let them set up the arrangement or you and then do the business on here with help from us

 

CAN CCCS PAYPLAN will never give you any encouragement or positive advice about challenging debts

 

 

That's because they are funded by the banks - Also whether or not the agreement is enforceable & if it ain't they think you have a 'moral' duty to pay:cool:

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Castle Advice, on Duke Street

 

I think that they have an LSC debt contract...

 

One of the good things about Sheffield is that there are quite a few good debt workers around - by reputation Castle are pretty good

If I've helped feel free to add to my reputation.

 

I am not a Practising Lawyer. My comments are my opinion only. You should not rely upon those comments and should always take your own professional advice from a practising Solicitor or Barrister

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