Trying for Default Removal After Mail Sent To Wrongly Linked Address

[bh486]

Hi.

I'm in a bit of an ongoing battle with a well-known DCA over a mobile phone contract they allege to be mine that went into default in 2007.

 

A default appears on my credit file, but only with Experian, not with CallCredit and not with Experian.

 

The default is at a linked address which is not in any way linked to me at all!

 

I am not sure that the debt is even mine, but for the purposes of the following, can we assume that it is.

 

I have been in touch with the DCA by email stating that I do not acknowledge the debt and that it is linked in error to an address that is not and never has been mine.

 

I have very carefully worded the email asking them to remove the link, and that since it has been linked in error, any mail pertaining to this account either from the DCA or the original creditor has been going to the wrong address, therefore I have not had the opportunity see it and, if the debt is mine, which again I am not acknowledging that it is, I have not therefore had the opportunity to settle it before it has gone into default.

 

I have asked the DCA for a deal. If they can present me with the correct paperwork showing the debt to be mine, I will settle it in full in one payment and in return, since the incorrect address has meant I never received any letters and have not been able to stop it going to default, I have asked that in return they remove the default from my file entirely upon so doing.

 

The DCA has responded stating that should the debt be shown to be mine and the address to be incorrect, they are only prepared to link the debt to the correct address and show it as "satisfied" if I settle as described.

 

As far as I am aware, a "satisfied" default will not alter my credit worthiness to any degree over an unsatisfied default.

 

Their response seems a little unfair given that it is an error not of my making which has caused this to go so far. If the debt is mine, I would have settled it long ago had I been receiving the mail for it.

 

I had been out of the country from end 06 onwards and was only receiving mail redirected from my CORRECT address in UK!!!

 

I have written back suggesting that the DCA's response is a little unfair and giving the reason why I believe it to be so.

 

Does anyone have any idea how I should play this next?

 

Presumably as a mobile phone contract, this IS regulated by the Consumer Credit Act but I CAN'T request a Consumer Credit Agreement?

 

Should this be an SAR request instead?

 

Should this go to the DCA or the original creditor?

 

Assuming that the debt is indeed mine, presumably if they can't provide me with an original and true copy of the Default warning letter within a set period of time they will have to remove the default from my credit file anyway?

 

Is this correct?

 

Does anyone have any advice?

 

Thank you in advance.

[Guest Cartaphilus]

I am not sure that the debt is even mine, but for the purposes of the following, can we assume that it is.

 

Mmm, but as you say you aren't sure the debt is yours. Then wouldn't it be easier to send them the template letter for this purpose rather than muck about with them ie prove it or don't? Others will possibly have other ideas, but between the lines ...

 

Just wondered if that was a much easier approach rather than the other.

[Guest Cartaphilus]

Actually, my mistake, you've possibly already done that so you can possibly disregard that.

Presumably as a mobile phone contract, this IS regulated by the Consumer Credit Act but I CAN'T request a Consumer Credit Agreement?

*I'll start again, I am typing in the dark, no lights on yet* There are no CCAs for mobile phone contracts but, as with any other form of contract, you will/would have completed something either online or on paper (in shop etc), so there will be something there. Which they would be obliged to supply, as they are the ones pointing the finger at you rightly or wrongly (going with what you said about assuming for the purposes of this thread the debt was yours).

 

The SAR sounds like a good idea but still wondering about the prove it letter. If only to save you £10. It should surely be on them to prove not the other way round? I am sure you are also aware that there has been plenty of coverage to this kind of problem with mobile phone debts highlighted on many TV consumer programmes lately (I expect one particular one will be soon running more in the run up to Christmas; in all instances, everyone was advised to send the prove it letter or get lost to the DCA concerned; can't prove anything, then what right do you have to ask me for money?).

Edited November 11, 2010 by Cartaphilus

[bh486]

Thank you for that.....and for reading my epically long post!

 

I'm going to go for the prove it letter to start with.

 

Can you point me in the right direction of a template, or will this be a DIY job?

 

Should I be asking them for the default warning letter at this stage or just a copy of the agreement? Or something else???

 

Thanks again

[harrassed senior]

Do you 'know of' the incorrect address, or is it something that is a complete 'mystery'. If so, I would be writing to the CRA's that show this as a linked address and request it is removed. They will (or should) know who provided the 'link' and will contact them.

 

Send a SAR to the Original Creditor, and the prove it letter to the DCA. Do not make any further 'offers'.

[harrassed senior]

http://www.consumeractiongroup.co.uk...ng-of-the-debt

 

http://www.consumeractiongroup.co.uk...est-debt-a-dca

[Guest Cartaphilus]

Thank you for that.....and for reading my epically long post!

I don't mind how long a post is. If a situation is complex, then posts will inevitably be long. Life can't be condensed or edited. Edited November 11, 2010 by Cartaphilus
Post crossed so removed part about letters in the library

[bh486]

Hi. Neither of the links in your last post seem to work properly. Can you please have another go? Thanks!

 

Regards the address, it's actually my parent's address, but it was never given to them by me, I have never lived at that address and I have never ever given that address out as my own.

 

I am almost 20 years past the age of 18 so I don't think anyone should be trying to make my folks responsible for my actions!

[Guest Cartaphilus]

They are also in the library section as well. As you are registered already you should be able to access them there.

[harrassed senior]

Dear Sir or 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.

 

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

[bh486]

Thanks again - The library was shoving weird things up on my screen earlier but it's OK now.

 

So is this the correct "prove it" letter to send to the DCA?

 

"Name/Address:

 

Date:

 

Dear Sir/Madam

 

I note from a recent view of my credit file that your company has lodged a default stating the above reference number, for a debt which you claim is owed by myself/ourselves.

 

Firstly I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

Secondly, the linked address you have provided is not an address I have ever lived at, had mail forwarded to, nor given out as any kind of contact or other address for myself and I would ask that the link be removed immediately unless you can provide evidence to the contrary.

 

I/we 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/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"

Edited November 11, 2010 by bh486

[bh486]

You beat me!

 

Dear Sir or 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.

 

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

Edited November 11, 2010 by bh486

[bh486]

What do you think of my amendments?

 

 

"Name/Address:

 

Date:

 

Dear Sir/Madam

 

I note from a recent view of my credit file that your company has lodged a default stating the above reference number, for a debt which you claim is owed by myself/ourselves.

 

Firstly I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

Secondly, the linked address you have provided is not an address I have ever lived at, had mail forwarded to, nor given out as any kind of contact or other address for myself and I would ask that the link be removed immediately unless you can provide evidence to the contrary.

 

I/we 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/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"