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Phillips recoveries

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In April I got a letter in my maiden name at my parents address from zinc recoveries stating I owed them money. I have been married 7 years and not lived at my parents for 18 years. I phoned them and said I didn't think debt was mine. They couldn't give me any details but mentioned another address I had never lived at. She said she would clear my parents address off the file. I heard nothing more until 2 weeks ago when another letter arrived from philips recoveries threatening to send somebody round if I didn't pay within 7 days. I had same conversation with them and they said they'd confirm in writing the address would be taken off the file. I haven't received anything so called back and they've now said it is up to me to prove it's not my debt and they're going to keep chasing it. They said it's with atkiv capital so I called them and they agreed it wasn't my debt but now each of the different three dca are saying they need confirmation from the other or it will still be chased. I really don't know what to do now I've been crying all evening. My mum is so worried someone will go round the house. It's not my address and there's nothing on my credit file. Please help?????

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Please, don't worry, don't cry and calm down. Everyone here will do their best to help you.

 

It's the responsibility of any debt collection agency to prove that the alleged debt is owed - not yours to prove that it isn't!

 

Don't phone these collection agencies, do everything in writing. Send everything by recorded delivery, keep a copy of everything and always print rather than sign your name.

 

If they are all chasing the same debt that you do not owe, then you could send them the following CAG letter template: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

 

 

By Royal Mail Recorded Delivery

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

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 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/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. 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/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 Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

Hope that helps. I'm sure other members will be along with good advice soon.

 

As for doorstep visits, you could always write to whoever is threatening, using this template: http://www.consumerforums.com/resources/templates-library/86-debt-collectors/590-letter-used-when-a-dca-threatens-a-doorstep-visit-.html

Edited by Halibutt

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Will send letter tomorrow thank you. Do they have certain time in which to respond? Who else can I take this to to get resolved if that doesn't work? They have said they will put it back on trace whatever that means?

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From what I've seen here, 21 days would be a reasonable time period for them to respond. Have to see what replies you get. They might just give up or they might send more stupid threats.

 

If you believe that you have a genuine case to contest the alleged debt, and it isn't anything to do with you, then you could contact the OFT, FOS and your MP with copies of all correspondence.

 

You are being harassed for an alleged debt that you know nothing about and do not acknowledge.

 

If you do get responses from any of the companies involved, then scan or photograph them, remove any personally identifying info - signatures, address, account no, bar codes, etc. then post them up in this thread using a non-identifiable image host like imagebam.com or imagevenue.com

 

That way, members will be able to advise you on the way forward.

 

Hope you're calmer and happier now. Illegitimi non carborundum ;)


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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Thanks. They're not allowed to still send threatening letters though if I'm disputing the debt though is that right? It is ridiculous that these people can send threatening letters for debt and they can't even tell you what it's for.

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I think the crux of the letter is:

 

"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."

 

If they do start, then scan and post what they send and people here will help you out. :)


Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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To re-iterate how hollow the threats of these clowns are I put together this series of letters, have a look:

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=20063&d=1279541270


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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I haven't received anything so called back and they've now said it is up to me to prove it's not my debt

 

This is a big FAT lie, it is their responsibility. have a look at these guidelines from the OFT, especially point 2.8.

 

http://www.google.co.uk/url?q=http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf&sa=X&ei=H8tETIO6NYr00gTTiPylDw&ved=0CBsQzgQoADAA&usg=AFQjCNFtpL2WoHvT_pKgOZ8W6ABLHIKWTQ


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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Stop crying and stop worrying nobody is going to visit you at home, no bailiffs are going to call demanding your belongings. Only a judge can order bailiff action and he will only do that if you default on a CCJ and he is not going to issue a CCJ on a debt that is clearly not yours.

If they did issue court proceedings there would be a nice few quid in it for you.

SO STOP WORRYING.


I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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