Cube mk2 and WIR

[Katy]

I thought I'd post this in here in the hope that someone may have a suggestion.

 

For the last 18 months or so my address has been recieving threatening letters from a very unpleasant debt collection agency regarding a HUGE amount owed to Lloyds TSB (credit card debt) by someone with a very similar name to mine.

 

I've tried calling them to let them know they have the wrong address, I've written to them on countless occasions, and I've even been and complained at Lloyds who been in touch with the agency to say that they are chasing the wrong address.

 

I recently discovered that Experian had incorrectly linked a number of addresses for this person with me which explains where they got my address from. This is now sorted with Experian but we're still getting the letters (we've actually now moved but have a redirection set up) the latest of which arrived on Thursday saying that if they didn't receive payment within 72 hours then the bailifs would arrive.

 

My OH called them yesterday, and they just laughed at him and said they didn't believe him, didn't care, and that there was nothing we could say or do (other than pay up!) that would stop them.

 

Now as we've moved no one is actually going to turn up on MY doorstep, at least not immediately, but we are only a few streets away and I imagine that the people who bought our house probably remember where we went to, so I'm guessing that it is only a matter of time....... I have visions of some goon arriving at the door and frankly I'm slightly scared!

 

I'm in two minds as to whether or not to report it to the police, I guess it might be considered harassement but I'm not really sure if they will or can do anything.

 

Has anyone else had a similar experience? Any legal minds out there with advice?

[Egluntyne]

Debt collectors can only enter your property with your permission.......so don't let them in.

 

Very worrying and upsetting for you all the same.

[bronze]

I would also warn the people who bought your house otherwise they're going to start gettin grief too from balliffs who don't believe they're not you

[jackiepoppies]

How awful for you!

 

How about having a photo copy of your drving licence/passport to hand, so if anyone does turn up at the door you can prove you are not this other person?

 

Good luck!

 

Jackiex

[MedusA]

Personally I would inform the new occupiers of your old house, for their safety, inform the police AND sue Experian for the "emotional distress" their mistake has caused you!

 

This makes me so cross.

 

We still have letters for the previous occupants of our house (we bought it in 2002), but as it was vacant, we had no forwarding address. I write "return to sender" and post them back. Most of it is junk mail, but you never know and I don't want to allow my address to be on some credit blacklist.

 

I would definitely ask Experian to sort it out for you, at the very least. Hope it all works out. *hugs*

Edited September 22, 2008 by Guest

[Katy]

Thanks for your replies.

 

I will be warning the people who bought the house from us, trouble is to say they were 'diificult' during the sale is an understatement. I doubt they will be any more interested in the fact that it isn't me that the debt collectors - they'll probably give them directions!

 

I already have the copy of my drivers license handy, but the names are really similar - same surname and she is a Katie whereas I'm a Katy.

 

Experian, other than correcting the mistake on my record, have been totally useless and much as I would like to have someone made accountable for this I don't see why it should cost me anything to sort it out as it's already taken so much time. I'm bouncing between being furious and worried sick.

[Janty]

It's the computer age that's to blame. Seventeen years ago when I moved from Runcorn in Cheshire to Suffolk, I wrote to the local council to tell them that from the first of the month, I would not be paying council tax to them as I was moving to Suffolk. I gave them my new address and didn't think anything more. I paid my council tax in Suffolk and settled into my new address.

 

About six months later, I received a letter from Halton Council telling me that they were about to take me to court for non payment of council tax and that if payment was not then made, the bailiffs would be instructed to recover property to the value of the debt.

 

I telephoned the council office and explained that I had moved and that I had written to inform them of this. I also pointed out that they must have received the letter as they knew my new address. Although the staff agreed with me, because the computer was telling them that there was a debt, I obviously owed it. It took me ages to get it sorted.

[BERTIE MCSQUIRTY]

i would nip over to the (as it is a weekend)

 

 

http://www.moneysavingexpert.com

 

forum and ask for some advice

 

another thing i would comtemplate is either contacting CAB or instruct your own solicitor.

 

i used to get letters like that was destined for a similar name to mine.......the bailiff's never showed, but the CAB sorted it out for me.

 

i know how worrying it is - so i do empathise -

[Redwing]

The CAB is a good route as recommended by another forum member, they are so helpful.

 

I would also ask Experian to contact the debt collectors on your behalf as its their fault.

 

You should ask Experian who you can direct your formal complaint to if they aren't listening! All large companies should have a complaints process with clear steps to follow for escallation (eg if the admin person cant answer your query it goes something like Team Leader, Office Manager, Regional Admin Manager, UK Customer Service Manager, MD)

 

I don't know much about that industry but most have an ombudsman who will listen to complaints but only after you have exhausted all avenues with Experian.

 

Experian are obliged to pass you details of any ombudsman.

 

On a practical note I would advise the owners of the old house and invite them to point the debt collectors to you, it may not be a very nice thing for you though

 

I hope everything finally works out x

[ScottishMike]

I lifted this off another forum - it is a common problem it seems, and bullying and harassment tactics often used by these debt collection agencies goes directly against their code of conduct, so you have a very valid complaint to make against them.

 

See if the letters below can be adapted to help you, and there is also a good bit of info about YOUR rights here

 

 

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Do not sign

 

 

 

 

 

For people that have already spoken/written to a debt collector then send the following with a £1 postal order again recorded first and Never sign anything

 

 

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Ref: [enter your ref here]

 

I am presently striving to organise my personal information and can find no reference to the alleged debt and/or agreement on you appear to have been assigned to collect.

 

Therefore, please supply me with a true copy of the original agreement.

 

You will appreciate that this is my right and your legal obligation under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974.

 

I also understand that it is your obligation to provide me with a statement of account and I look forward to receiving that as well.

 

Since you are a Debt Collection Agency, please also supply a signed true copy of the deed of assignment of the above referenced agreement.

 

Again, this is you will appreciate a statutory obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.

 

Please find enclosed my £1 statutory fee, this fee is not to be offset against any alleged debt.

 

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully,

 

 

 

 

Now when you set up your credit account you should have signed a Consumer Credit Agreement regulated by the Consumer Credit Act 1974. This agreement must have certain prescribed terms on it and be laid out in a certain manor. It is your legal right to request a copy of this agreement at anytime for a £1 payment. Now should the debt collector/original lender not have the agreement or an agreement that doesn't contain everything that it should then it is unenforcable. In the case of no agreement then it is a complete defence for any court action.

 

Debt collectors rely on your lack of knowledge of the law, i.e. sending ballifs round. Ballifs can only be appointed by a court of law and this is only used when you have had a CCJ against you and haven't paid. They often forget the bit about the CCJ! They will also tell you someone is going to come round and visit you, again they have no legal right to enter your property and you can call the police if they refuse to leave, again they don't tell you this bit.

 

The Consumer Credit Act 1974 allows them 12 days plus 2 days for postage to send you a copy of your agreement. If they don't then the debt is in dispute and they cannot ask for payment, register a default or take you to court (although they will huff and puff hoping you will fold and pay, stick to your guns)

 

My guess would be that when you send this, they will go 'oh no another one that knows their rights' and send it straight back to the original credit. I do not believe in debt avoidance but you should never pay a debt collector unless they have all the paperwork in place. The best bet is to get it back to the original creditor and then see what paperwork they have. If its all above board then set up an arrangement. If its not then you are in a position to offer a low full and final payment to clear this debt. There is also a good chance late charges have been added which you could claim back if they have the paperwork (via a S.A.R).

 

I would suggest you google 'CAG CCA request' and read up on all the info other people have learnt along the way

 

[Redwing]

Those are some fine letters ScottishMike, nice one!

[Ain't Nobody Here]

What a horrible situation to be in . It must be frustrating and a bit frightening . I hope you manage to get it sorted out.

[Mrs Webmuppet]

Many years ago Mr Webmupet and I found ourselves in a similar situation.

 

The previous owner of our house had taken out a load of loans (including one to replace all the windows with double glazing, which she never paid a penny of). A chap from the credit company turned up at the door one day and demanded to see her (even 'funnier' he asked me if my Mum was home assuming I was the womans daughter). I invited him in and showed him all the papers we had relating to the house purchase ( to prove it wasn't me who had taken out the loan) and gave him the only contact details we had for her ( her solicitor as she left no forwarding address). He went away happy that it wasn't me who was to blame. I did worry for a while that I might come home and find they had taken the windows away!

[Guest]

Similar deal here with our house.

 

Previous owners emigrated having run up debts left right and centre - nearly 2 years later and we are still getting the odd call or letter.

 

Oh they also used nextdoors addres - their house name is one word different to ours and she deliberately used it - taking out loans and cards in 2 names to 2 addresses.

 

Fortunately everyone just takes our word that we are not them - but when we go on holiday there are strict instructions to anyone who is pet minding to NEVER let a bailif or debt collector in - if anyone turns up they have NO LEGAL right to enter the property and the neighbors should be fetched immediately (he is a big bloke and also knows what rights etc are invovled!).

 

I was worried last year as there were a couple of kids here most days keepign an eye on the animals but fortunately "Ooops, word censored!"ody turned up.