Chased by DCA's for Fraudulent Debts

[Clipper80]

Hi hoping someone can help with this please:

 

I'm being chased by a couple of DCA's for debts run up in my name by my ex

- where he had either forged my signature or (very long story) forced me to take out credit.

 

I've done a bit of homework and found that this constitutes fraud,

 

reported it to the police and Action Fraud.

 

I've given DCA's an outline of this and the fraud reference

and told them to stop chasing me and also to request they remove the defaults on my credit file.

 

One DCA (dlc) is hassling me to complete a disclaimer

saying that they can contact my ex (or anyone else) and discuss details of "my account" with him.

 

I want nothing to do with my ex as he is dangerous and has threatened my friends and family.

 

I'm worried that the DCA will divulge info which will lead to my ex finding me

and then trying to destroy my life as he has tried to do in the past.

 

What obligation do I have to comply with the DCA's request?

 

They are threatening to come after me if I don't complete their disclaimer.

If I reported this as fraud to the police,

what obligation do they have to remove information which is incorrect about me,

as I have reported this as fraud?

 

I'm thinking of making a statutory declaration

saying this debt is not mine and sending that to them.

 

In one case (not dlc) the court has asked the DCA to prove that I made payments to the account

and they couldn't.

 

Does that mean that it is statute barred?

It is well past 6years since the account was opened.

 

Please help, I am pulling my hair out!

[dx100uk]

no you are under no obligation to fill out any forms to a DCA - end of!

 

pers i'd ignore them if you have sent the actionfraud stuff to them.

 

their problem!!

 

what does your credit file say about these debts & the default dates?

 

getting a default removed, would, be easier in your case

to prove to the OC that put the default on it was fraud.

 

you have the actionfraud details send them that.

 

ask for the default to be removed.

 

dx

[renegadeimp]

Report that dca to fca and the ico. Provide proof of what they said

[Clipper80]

Wow, thanks both for the speedy reply.

 

credit file shows defaults registered by the DCA not the OC, from 2009.

 

I've had no notice of assignment or any correspondence from them until I wrote to them to get it removed.

 

What date does the 6yr timer run from before it becomes statute barred?

 

I've sent them the ActionFraud reference (back in Feb)

and told them to remove the default but they ignore my letters

and send threat-o-grams alongside this disclaimer form.

 

Definitely will write up a FCA and ICO complaint this week

- I've warned them I'd complain to the ICO already.

 

I've also said to them that each month they leave the default on my file,

I will invoice them for the cost rent since the default is preventing me from buying a house.

[renegadeimp]

If you know the debts are fraudulant, you have provided the OC and DCA proof,

yet they have ignored you,

 

then file a dispute against the markers with the CRA's,

and get formal complaints rolling to the OC and DCA.

 

This will start the 8 week timer so you can get the ombudsman involved

and you can also consider legal action against both parties.

[dx100uk]

just because the DCA's name is against the debt & the default

does not mean they put it there

 

ONLY THE ORIGINAL CREDITOR can send and register a default notice.

 

when these fleecers buy debts

their name substitutes the OC.

 

your target is the OC in each case.

 

the type of debt will determine the SB clock start

[BRIGADIER2JCS]

A statutory declaration would be a good move in my opinion.

 

 

Sat Barred in England and Wales = For credit cards and unsecured loans, the date a payment was due and not made after which NO further payment and / or unequivocal written acknowledgement was made. For secured debts (HP accounts, loans secured on property) the date the creditor can recall the debt in full and default the account.

[Ganymede]

If you know the debts are fraudulant, you have provided the OC and DCA proof,

yet they have ignored you,

 

then file a dispute against the markers with the CRA's,

and get formal complaints rolling to the OC and DCA.

 

This will start the 8 week timer so you can get the ombudsman involved

and you can also consider legal action against both parties.

 

 

 

 

 

With all due respect a crime reference number is not proof of anything other than something has been reported.

 

Proof will come when the OP's ex is found guilty of fraud.

[renegadeimp]

The crime number is to show them that it is serious ans to be taken seriously.

[Ganymede]

The crime number is to show them that it is serious ans to be taken seriously.

 

Yes but proof it is not.

[Clipper80]

Thanks all for the replies

- really really helpful in reducing my stress levels.

 

I'm going to go for the statutory declaration and try to use that to ward off the DCA's.

 

I've received a "final response" from one of them and they now say they are going to try and "resume collection activities".

 

I've requested removal of the defaults by all the DCA's but they've only put notices of correction against them.

 

One DCA has registered a default in addition to the OC's default.

 

I'll have a look for a template letter I can send to them to get it removed.

 

If they're anything like the others, they just do nothing...

I'll give them another 14 working days to act and then report them to the FCA, ICO and FOS.

 

Isn't there an OFT guideline that says that DCA's cannot chase or litigate for debts in dispute?

 

How does that work and what's the reprimand if they do chase me?

[renegadeimp]

regarding dca's, ignore their empty threats. Especially their resume collection activites threat. Also when you say final response, do you mean in regards to a complaint you sent, or a bog standard threatogram?

[Clipper80]

The final response I received was in response to a complaint that I sent - notifying them that the debt was fraudulent, with the Fraud Reference number

[renegadeimp]

Ok. Then you need to get that off to the FOS and have the FOS start a formal investigation. This will take a while, but the DCA's shouldnt be able to do anything while the investigation is ongoing, plus the FOS will charge then a pretty hefty sum of money to start the complaint.

[Clipper80]

Thanks, letters going off tomorrow!

[BRIGADIER2JCS]

Thanks all for the replies

- really really helpful in reducing my stress levels.

 

I'm going to go for the statutory declaration and try to use that to ward off the DCA's.

 

I've received a "final response" from one of them and they now say they are going to try and "resume collection activities".

 

I've requested removal of the defaults by all the DCA's but they've only put notices of correction against them.

 

One DCA has registered a default in addition to the OC's default.

 

I'll have a look for a template letter I can send to them to get it removed.

 

If they're anything like the others, they just do nothing...

I'll give them another 14 working days to act and then report them to the FCA, ICO and FOS.

 

Isn't there an OFT guideline that says that DCA's cannot chase or litigate for debts in dispute?

 

How does that work and what's the reprimand if they do chase me?

 

 

The problem with " disputed" debts is that the alleged debtor may believe that there is a reason to dispute BUT the creditor / DCA may not recognise any such problem and will correctly issue a " final response" letter and commence collection procedures and/or litigation.

 

 

Take a look at the new FCA guidance book it echoes most of the OFT Guidance on Debt Collection 200/2006 ( updated Nov.2102).