02 chasing for debt I've never had

[ttheli]

Hi Guys,

 

Hope you're OK.

 

I am writing to you as I got a letter from 02 chasing me for a debt I do not have with them. I have never had an account with them, never had I had the number they quote on the letter. They mention my account was open in 2008 and closed in 2009. Thing is, they put my old name in the address field - I changed my full name by Deed Poll in 2007 and have never used my old one since. If I'd ever opened an account I'd have used my new name. I don't understand how they found my new address as I have only just moved in to my place.

 

Please help as I do not know what to do. I am certainly not paying almost £300.00 but they are thereatening that if I do not pay within 20 days a debt collection agency will get involved.

 

Help!

 

Thank you Guys

[brokebutnotbeatn]

Ignore for now as it sounds like a phishing letter to anyone with your name and keep an eye on you credit file. If they persist write and say exactly what you've said in your post! If you write immediately they will assume you are 'guilty' and start bombarding you.

[BankFodder]

sorry, but I don't altogether agree with the above advice. If it was a phishing letter I would have expected it to come from a DCA. I don't think that O2 would do this kind of thing themselves.

 

I think that it is worth taking up the initiative and going on the attack. Apart from anything else, you may be able to head off trouble such as being put on the credit reference agency register. Also, it will help if you can show later on that you acted with alacrity and entered into dialogue immediately.

 

I would suggest writing to O2 and putting them on notice that you have no debt with them and that you have never had an account with them and that if they believe that that is incorrect that they should supply you with all the evidence. Failing that, if they start informing the parties about an alleged debt which has never existed in the way that they have threatened in their letter, you will begin proceedings against them for breach of the Data Protection Act and also you may decide to pursue a remedy in defamation.

 

Only send this letter if you are sure that you will take the action outlined above. (The data protection action is straightforward). If you think that you are only doing this in order to bluff them, then don't bother– but then don't bother with anything because you may as well lay down and take your punishment.

 

It goes without saying that you should keep copies of everything and also keep an eye on your credit file.

 

Finally, you had better wrack your memory and be absolutely certain that there is no basis at all for their belief that at some point you have been a customer of theirs. In my experience on this forum it is surprising how often people suddenly remember some dark period of their life when in fact they entered into agreements which for some reason or other they have since forgotten.

[brokebutnotbeatn]

Is your old name linked with your credit reference file? Fair comment BF.

[ttheli]

Thank you Guys for all the comments.

 

I am 100% sure I have never ever been with O2. My credit file would have my old name metioned. I have never been in arrears with any organisation, whether under my old or new name. That's why I'm really surprised I got this letter. Do you think I should request a CCA?

[DonkeyB]

No, because there is no CCA with a phone agreement. Even if this were a regulated account, why would you seek to get an agreement that is nothing to do with you?

 

Suggest you follow BF’s advice. A detailed response absolutely denying the account is yours puts them firmly on the spot, and demand to know why they think you owe the money or why they think you are the person they are seeking.