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homzy

Help! - new to the UK and being hassled by debt collectors!

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Hi,

 

I am new to the UK. I have been living here for about a year now.

 

Shortly after registering on the electoral roll (in an effort to create some kind of credit rating) I started receiving fairly threatening letters, firstly from "Thames Credit" for an outstanding debt to "Halifax Plc" for around £2000.

Over the span of about 10 months this was followed up with two letters from "Aktiv Kapital" and now another letter from a company called "Buchanan Clark + Wells".

 

All letters have the same "Client Reference" number. So I presume these guys are all somehow connected.

 

There is no way that this debt is mine. I have never had anything to do with Halifax. As I said earlier I have only been in UK for a year, and prior to my arrival I have had no financial matters here.

 

I am guessing there is probably someone out there with the same name as me who actually has this debt, but it has been flagged against me when I popped up on the electoral roll.

 

After the first letter from Thames Credit I read these forums and felt that my best option was to ignore these letters.

 

However today I received a phone call from "Buchanan Clark + Wells". I explained that the debt was not mine and that I have not been in the country long.

They advised me that the debt was created in 1998! (I didn't even have a passport then!).

 

He asked for my birth date (which I stupidly gave him) and he claimed that it was the same as the one on the Halifax contract.

I suppose it could be possible that there are two people with my name born on the same day? Either that or he just said it was the same birth date. I regret not asking him what birth date he had first!

 

He said that he is going to send me a copy of the Halifax contract and that I should take it to the Police and register a fraud case and send BC+W the crime number.

 

I am not sure how to proceed. I don't want to accidentally somehow claim liability for this debt. I don't think I should take it as far as opening a case with the police as I have not actually been defrauded, as none of this has anything to do with me!

 

Please Help!

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BCW need to prove the alleged debt is anything to do with you. Send them the prove it letter here:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

Amend to suit, send recorded keeping a copy with your postal receipt, DO NOT SIGN print your name.

 

Good luck, best wishes and welcome to the UK and CAG :)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

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Hi Homzy, not much of a welcome to the U.K. is it. I would phone your local Trading Standards Department and give them the sorry tale, there is no way this person should have asked for your date of birth and you are quite right to be wary, it could have been some kind of fishing exercise just to pin the debt on to anyone. Google TS and you can find the number of your local department.

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Hi,

 

Thanks for the super fast response!

I will follow your advice and send the letter off recorded delivery first thing on Monday.

 

Thanks again.

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Hi and Welcome

 

Please rest assured you will plenty of help and advice from the forum.

 

You can send them this letter and amend it as necessary.

 

Date:

 

Dear Sir/Madam

 

re: Account No.

 

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/we have no knowledge of any such debt being owed to (insert company name).

 

I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, 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 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. AND 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/our 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 Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

Yours faithfully

 

A N Other

 

I would recommend you send this letter by Recorded Delivery so you have proof that they have received it.

 

Your must always tell them to put everything in writing. Never use your usual signature, put initials or type your name there are some DCAs that would copy and paste/scan your signature.

 

A rule of thumb is you never speak to a DCA or Solicitors on the telephone and if you do never give them information about yourself. If they are sending you a copy of the Agreement all well and good you will have evidence to prove it cannot be you, your signature for a start will be different.

 

I hope this has helped you.

 

DG:)


I have no legal training my knowledge comes from my personal life experiences

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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