Being chased for a debt that was fraudulently taken on in 1999/2000

[Reh575]

Hi

 

Am new not sure if this is the right place to post.

 

Back in 1999 I was a working single mum and my neighbour was a single stay at home mum, we both had keys to each other houses in case of emergencies, if my son locked himself out while I was at work etc.

 

Anyway her cousin moved in I didn't know at the time but he was on bail at her address, whilst I was at worked he took out a car loan and other credit in my name (no photo DL then) he also had no DL (my neighbour pretended to be me to guarantee loan)

 

Anyway I reported him and he was charged he was going to court for voilent behaviour he had a number of offences taken into consideration

 

He got 4 years appealed and it was reduced to 3 years.

 

Now I had moved twice as he threaten me before, I now have had a collection letter from Marlin saying they are chasing me for the debt, the address on the letter they sent is not even correct,

 

I am concerned that they might tell him where I am, that they want money from me, I explained all this over ten years ago.

 

The police said that as he has already been charged I can't report it again as it the credit company that's at fault.

 

Advise please, unfortunate after two moves and ten years I can't find the police crime number and court details.but do remember some of it and it did make the local paper.

[BankFodder]

Try approaching the police - probably with an SAR in order to get the crime ref number.

 

In any event you should write immediately to Marlin telling them what has happened. For the moment, supply them with then newspaper report and then further info when you get it.

You should also check your credit file but send a letter of disassociation to the Credit Reference Agencies.

I would also suggest a letter of complaint to the ICO about the inaccurate data kept by the DCA and also the original creditor.

 

I should warn you that at least until you get the crime ref. no. - none of this is likely to make any difference but at least you get yourself on the record that everyone has been correctly informed. You will probably find that the DCA will just keep on at you in the hope that you eventually cough up.

 

As fas as your liability is concerned, not only do you not owe the money but the debt is staute barred anyway. However this doesn't stop DCA's beating on at peope until they pay up just to put an end to the harassment.

 

Once you have put them all on notice, if they keep on chasing you then you have a basis for a county court action under the Data Protection Act - very easy and cheap - and in your case 100% winnable. This would finally sort out the problem.

 

As far as them sharing your details wiht the true debtor, I can't see any reason why they should do this but if they did then you would have a very serious claim against them.

 

As an addional precaution, I would send an SAR to the original creditor and to the DCA. This should then put you in possession of all the relevant information and you will then have a better idea of the whole story and you will be more in contro if you need to make further complaints or a claim.

It is all a nuisance and it shouldn't have to be like this but unfortunately if it is not sorted out, it will have serious consequences which will follow you around for a long time

[rebel11]

Thread has been moved to the correct forum.

[rdm2006]

It may also be wise to state in the letter to marlin that as this debt is not yours (and in any event statute barred) that you will not be paying it.

 

below is a publication from the credit services association regarding statute barred debt you could either quote from it or send the whole thing, It may just send them packing

 

Stat barred debt[1].pdf

[BankFodder]

But I'm afraid that just sending them packing wil not undo the other associated problems. This is a kind of identity theft and it will need to be properly cleaned up.

[rdm2006]

sorry meant that as in addition to your post bf

 

edit My post does say also not instead of

Edited June 15, 2012 by rdm2006

[Bazooka Boo]

I concur with all the above, I am however very concerned that you say you went to the Police and they have given you some bizarre advice? If you really are fearful of your safety then as public servants they have to take this matter seriously.

[Surfer01]

If the debt is over 10 years old, it is statute barred anyway and can be safely ignored!

[DonkeyB]

If the debt is over 10 years old, it is statute barred anyway and can be safely ignored!

 

Yes, it could be ignored, but that won’t make the problem go away. It needs dealing with, because it is not her debt and fraud is involved. Ignoring it won’t stop the calls or the contact. As BF says, this needs a thorough clean up.

[BRIGADIER2JCS]

If the debt is over 10 years old, it is statute barred anyway and can be safely ignored!

 

This most certainly can't be safely ignored as it will for ever be cropping up year after year.

Try This Following letter which should be sent to the Compliance Manager of the DCA.

 

Ref:xxxxxxx xxxxxxx

 

Formal Notificaion of Legal Status.

 

Dear Sir or Madam,

 

I refer to the matter of the debt for £xxxxx which you allege is owed by me,

please take note I do NOT acknowledge any debt to you or any company you

may claim to represent.

 

As you have been made fully aware I am in no way liable for the allged debt

which was the subject of a fradulent application by a third party residing at

my previous address I will therefore not be making any payment or offer of

payment as clearly I am in no way liable to do so.

 

Having taken advice on this matter I have also concluded that any such debt

is now STATUTE BARRED and therefore as the debt is not mine I have not

made any payment or acknowledgment of liability in writting again I state that

I will not now or in the future make any payment or offer of payment.

 

Given the statements made above I must insist that you cease to process or

store any data relating to with immediate effect.

 

Any further contact from you other than to acknowledge your compliance with

my instructions will be considered harassment and I will take all necessary action

including but not limited to Civil Court Action and reports and complaints to the

regulatory authorities without further reference to yourselves.

 

Recorded delivery to the DCA and copy to the OC.

[Reh575]

Thanks so so much cheers everyone been such a help, nice to see a way forward

[BankFodder]

Well don't get too happy yet. It might prove very complicated - but let us know how it goes and we'll support you all the way