Credit Security

[theshuffler]

These muppets have taken to sending letters to my Mums house in my name care of her address , is this legal? the muppets have even threatened to send a collector to a care of address. I havent lived there in years and they prob got it from my credit file. The debt is either statute barred or dam close to it , i wouldnt even bother getting into a tussle with them ordinarily but my mum is wondering why the letters are going there so i need to stop them.

Edited February 12, 2011 by theshuffler
typos

[teaboy2]

Depends what personal details of yours are given in the letter and whether they are addressed directly FOA you and if private and confidential. If they are addressed to your mother, but the letter is actually about you, then thats a clear breach of the Data Protection Act. You need to report them to the OFT and ICO as well as trading standards. Do not contact them in any way or form, though you could send a letter addressed from your mother demanding they stop sending such letters.

 

Do you no what the Debt is for and who the original creditor is, and when you last made a payment?

 

If so and if the last payment was over 6 years ago (5 in scotland) simply send them the statute barred letter.

[theshuffler]

The letter has my name care off my mums address , they havent said who is owed the money but i can hazard a guess , think the last payment was late 2004 to early 2005 like i say as near as dam statute barred , just annoying they sent it to my 70 year old mums house when i still live at the same address where the loan was taken out .

[teaboy2]

In that case send them the prove it letter first to find out for certain who creditor is and what the debt is for.

 

If they respond confirming it is the debt you think it is, then send the statuted barred latter.

 

Also advise them to stop sending correspondence to your mothers house as she is not the alleged debtor, and as such they are in breach of OFT guidelines.

 

Make sure you put I DO NOT ACKNOWLEDGE THIS DEBT in bold at the start of each letter, and when signing the letter, remeber to PRINT your name instead of signing it.