Had demands for debts that aren't yours? Template letter to send

MSE_Martin · 7 February 2007 at 2:23PM

There seem to be an increasing number of people receiving letters demanding repayment of debts which they know nothing about, or simply don't believe are theirs. A recent case with a company called Cap Quest was covered on BBC Watchdog.

Companies may call and ask you to prove that the debts aren't yours. Always remember the onus is on them to prove that you DO owe the money and that it is genuine debt.

What should you do?

Thankfully the non-commercial debt counselling agency, National Debtline has a template letter that you can print out and send to the company that has contacted you about the outstanding debt. It has kindly given me permission to reprint it here.

Simply click the following link, and it'll open in your word processor. Amend it to have your details and print it off and send it.

Template letter to send

Why does this happen?

There are a number of Debt Collection Agencies (DCAs), whose job it is to chase down unpaid debts for other companies use a variety of tactics; one often employed is sending demands to others who share the debtor's name.

This time-saving tactic by the DCA can have a misery-causing effect for the wrongly accused recipient. Often these demands are unpleasant and many people worry a lot when they're received. Yet if the debts aren't yours, for this reason or simply because of a mistake, don't panic just follow the procedures above. If the company still won't play ball call National Debtline or make an appointment at the Citizens Advice Bureau.

What if the debts are mine?

Then you should pay them. However it that is something you can't afford to do, then read the Problem Debts: what to do article; it has info on steps you can take yourself, and who to contact if you need personal help. You may also want to contact the original company with whom you incurred the debts.

Martin

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kele16v · 14 February 2007 at 9:17AM

Dear Sir/ Madam

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”.

The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. Any such action WILL be defended and challenged on the above grounds.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. If you do not supply such confirmation, I will be making a complaint to the statutory authorities.

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £10 postal order in payment of the statutory fee, made payable to xyz Ltd.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defense to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested. Having said that, if you can comply fully with my requests above and disagree with my view of the legal position in this case; I invite you to enter formal litigation where both sides can put forward their case in a county court.

If you do not understand what this means then seek advice from your legal department.

I look forward to your reply.

Yours faithfully

john1002 · 14 February 2007 at 10:43AM

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £10 postal order in payment of the statutory fee, made payable to xyz Ltd.

Just to let you know that for a CCA request the fee is only £1 the fee above is normally for a SAR (Subject Access Request).

John

Raju · 14 February 2007 at 1:53PM

I didn't knew this problem is so widespread, as I'm too a victim of this, although not exactly.

For the past 3-4 months I've started getting letters (almost 1-2 every week) from debt collecting agencies for a person (not my name although) at my address.

I've be returning all of them by dropping in the post box.

Could somebody advise if I should use the templates given to write to these companies to stop sending these, (Note: the name of the letters is not mine and does not match any of my family members living at this residence)

rosysparkle · 14 February 2007 at 2:02PM

No, just keep returning the letters unopened marked NOT KNOWN AT THIS ADDRESS - RETURN TO SENDER. You don't have to put a stamp on, just put them back in the postbox.

edda · 14 February 2007 at 3:34PM

Raju wrote:

I didn't knew this problem is so widespread, as I'm too a victim of this, although not exactly.

For the past 3-4 months I've started getting letters (almost 1-2 every week) from debt collecting agencies for a person (not my name although) at my address.

I think this is a slightly different problem. We had the same happen to us.
The name on the letter was not any of ours - but it was our address. Someone of that name lives in the same town as us, not too far away.

I suspect that the debt collecting agency typed in a house number and post code to generate the full address - but the post code was input incorrectly. One character different gave them a valid address - ours.

We returned in excess of 30 letters to the original sender where there was a return address on the envelope. The rest, we just put in the post (unopened) and wrote 'not known at this address' on the envelope. Don't know what Royal Mail did with these.

golddustmedia · 14 February 2007 at 5:26PM

BE WARNED! "not known at this address"

I fell into a terrible problem with Royal Mail over this. I kept putting letters for the previous occupant of my house in the post box marked as above.

Then I found my own letters stopped arriving! My credit card was put on stop because the statements got returned to the card company etc, same with bank statements. Even my birthday cards didn't arrive

I contacted Royal Mail and eventually complained to my local sorting office where it turns out the sorting pidgeon hole for my house had a note on it saying "gone away" so my post was being returned to sender at the sorting office!!! Seems Royal mail couldn't tell the difference between 1 person at an address having moved on and everybody at the address having gone.

My advice, don't return the letters. Either bin/burn/shred them or open them and contact the relevant persons.

mentalmicky · 14 February 2007 at 6:38PM

I would add that I have simmilar problems with rented properties, thankfully not all the time,

British Gas use a company to hassle/collect etc and I as a matter of course contacted this collection agency on numerouse occasions as I did not want future tennants bothered etc, but to no avail, I eventually got through to a perceptive person at BG and they told me that the collectors get paid by BG for each letter sent and it isnt in their interest to cease! wow! after explaining to BG they instructed the dca to stop and in so doing saved themselves money.

So maybe it is worth contacting the original creditor first

Mike

beedeedee · 14 February 2007 at 7:24PM

When we returned to live in this house, having rented it out for a number of years, we kept getting mail for a previous tenant. Not the last one, but the one before him, so we didn't have a forwarding address. We duly reposted each letter marked "Not Known" etc. but the letters kept on coming....Eventually one arrived in an identical envelope but this time addressed to "The Occupier", so we opened it. It was a demand for about £4 from a long overdue bill from a satellite tv company, but sent by a firm of debt collectors. We wrote back saying we had no forwarding address for this person, but still the letters kept coming...Eventually we phoned them and my husband was accused of being the person himself! We took ourselves off to the local CAB and when they phoned this company as well - they were accused of being the debtor too! After a few threatening words from the CAB they seemed to accept that we were all telling the truth and they would no longer send us mail demanding this outstanding debt. However we were strongly advised to write to the credit companies (Experian etc) and "Disassociate" our names and address from the original person. The CAB actually drafted us a letter, and I'm pleased to say we heard no further about the matter, but it became a bit worrying at the time.

cello57 · 14 February 2007 at 7:50PM

My wife has been receiving letters from a company called Buchanan Clark and Wells regarding a debt for 217.79 that we do not recall - meaning that it is either not hers or is well beyond the statute of 6 years.

They are very insistent, and have also caused letters to be sent from a genuine solicitor (Geoffrey Parker Bourne) even though we have sent a version of the template letter to both of the companies involved. They are now calling us to arrange a 'visitation' (their word) by a Debt Investigation Officer.

'Bring them on' is my answer. If these people want to waste their time with me then fine. But it does worry me how these bullying tactics would affect someone less aware.

This subject needs much wider publicity.

Enterprise_1701C · 14 February 2007 at 8:01PM

cello57 wrote:

My wife has been receiving letters from a company called Buchanan Clark and Wells regarding a debt for 217.79 that we do not recall - meaning that it is either not hers or is well beyond the statute of 6 years.

They are very insistent, and have also caused letters to be sent from a genuine solicitor (Geoffrey Parker Bourne) even though we have sent a version of the template letter to both of the companies involved. They are now calling us to arrange a 'visitation' (their word) by a Debt Investigation Officer.

'Bring them on' is my answer. If these people want to waste their time with me then fine. But it does worry me how these bullying tactics would affect someone less aware.

This subject needs much wider publicity.

Hi Cello

This had me thinking - I hope this is not another word for Bailiff - you do not in fact have to let Bailiffs into your house unless they have a court order - but if you do let them in they can assume the same invitation is in place next time they visit and enter under that assumption. I would say that if they want this visitation either go to their place or meet them somewhere away from your house (with someone who can act as a witness), try to avoid letting them into your house incase they are Bailiffs.

Had demands for debts that aren't yours? Template letter to send

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