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Being chased for a debt I don't believe is mine


katy1978
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Hi,

 

I wonder if you can help me. I have had several letters over the years from debt collection agencies regarding a debt that I do not think exists. I have asked time and time again for proof - however none has ever been sent. I have been looking through some of the posts on this site to try and see if there is anything I can do to get this finally sorted out and I have noticed that many people ask for a CCA? What is this and is it something I should be asking for? Any help would be be appreciated as I am getting to the end of my tether with the debt agencies as they say they will refer it back for me and then 6 months later I get another letter from someone else asking for the money again!

 

Many thanks, Katy

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You're not unique in this, sadly.

 

Firstly have nothing to do with them if they phone, politely ask that all communication is in writing then hang up.

 

Yes, a CCA request is the way to go. There's a template letter in the library, and you should make certain to include I do not acknowledge any debt to your company.

 

I would also include "I enclose a cheque number 012345 for £1 in payment of the statutory fee. This should under no circumstances be put towards any alledged debt. Should you be unable to supply the documentation requested then you should return this fee."

 

Send it recorded delivery (costs a quid), and track it on royalmail.com

 

Chances are they've bought an old debt owed by someone with a similar name to yours. The odds of it being enforcable are about the same as me being the next pope.

 

:)

 

Use letter N from here:

http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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hi Katy,

I'm in a similar position of being chased for a debt I don't acknowledge.

See my thread:

http://www.consumeractiongroup.co.uk/forum/general-debt/76248-capquest-tesco-personal-finance.html

 

At least by sending a CCA request, if they do have a scrap of proof they'll have to produce it. If they don't then it's an end to the matter and it'll be unenforceable. I agree with djdave, don't hold your breath for them to produce anything.

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Which Debt Collection Agency is it, as a matter of interest?

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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The people currently writing are Moorcroft's on behalf of HSBC. There have been a few different ones over the years but everytime I ask for any sort of paperwork they stop contacting me for a few minutes

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Hmmm, that's several breaches of OFT guidelines: not taking reasonable steps to ensure you're the debtor, and not informing you when the debt is assigned to a different DCA for starters.

 

None of which helps you...

 

I'd adapt the CCA letter. Still send it, but include something along the lines of: I do not acknowledge any debt to you. I believe this may be a simple case of mistaken identity, and therefore if you are unable to supply the documentation required then I formally request you to remove my data from your records and do not pass it to any other individual or organisation. For the avoidance of doubt, I have never given consent for my data to be processed under the Data Processing Act, and in any case I withdraw any such consent to continue processing my data. Your failure to comply will be reported to the Information Commissioner's Office.

 

Anybody else think that would work?

 

:)

Archbishop the Right Rev. DJDave :p

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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