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Hello,

 

Firstly, I had two loans that I defaulted on five years ago. I made a repayment agreement three years ago and have since paid one off and maintain regular payments on the other which will be repaid later this year.

 

This is all the debt I thought I had and haven't received any communication from anyone since 2008.

 

I have since moved from the UK to the States.

 

Yesterday my mum received a fishing letter from Buchanan, Wells and Clark asking for my whereabouts. She's elderly, and we just lost my dad two weeks ago, so I don't want these letters going to her.

 

I tried calling them but couldn't get through from overseas on the 0844 number, so emailed them and asked for a number to call.

 

The first line I put in the email was "I do not acknowledge any debt to your company or its clients."

 

They replied with a number for me to call and so I just called them.

 

I did give them my new address and phone number because I don't want any letters going to my mum, and if the debt is mine I will set up a payment plan with them.

 

I said I wasn't aware of any debt. They said it was from 2005 and initially said Katipol Credit for a credit card or loan (I asked him to spell it for me). I told him I had never heard of the company and had never had a credit card. He then went quiet for a while and said, actually, it's with "auto mobile association finance". Again, I said I had never heard of the company and asked him to send me the original agreement to my new address overseas. He said he would arrange that -- but I just didn't believe him.

 

I am wondering if I should:

 

a) Send a CCA request initially

b) Go right ahead and send the Status Barred letter

 

I'd like to do whatever will stop them from contacting my mum and make them deal with me, if that makes sense.

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I think that if you don't know anything about this, then you basically send them a 'prove it' letter and await their response. They have your contact details, so should respond to your current address. I think the more that you tell them not to contact you at your mum's address, the more they are likely to as this will give them a lever, and you will then have to go down the road of harassment.

 

Could you perhaps tell your mum that this is a case of mistaken identity and if they write again then simply write 'Not Known at This Address' and send it back to them?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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agree with sidewinder. we all get email we shouldn't - you are just assuming 'guilt' because you had debts in the past. Its a crazy situation. Well done for paying off your debts; hold your head high and don't be bullied by these people. Tell your mum to return letters with 'not at this address' on them.

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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Duplicate post, sorry. :(

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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"They said it was from 2005"

 

So, a debt that you knew nothing about, that is apparently a loan and therefore comes under the Consumer Credit Act that you've never paid towards or acknowledged?

 

In that case, it would be statute barred anyway - over six years have elapsed, even if it was taken out on 31st December 2005.

 

They're on a phishing trip. If you genuinely know nothing about it, have never paid anything towards the debt or acknowledged it, then depending on their response to your "Prove It" letter, send the SB letter. They can't collect if you don't wish to pay.

 

Sorry for your loss, hope your Mum's ok.

 

H. x

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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