What Happens When The Debt Isn't Yours But The Debt Collectors Comes Around

AMILLIONDOLLARS · 12 February 2007 at 11:21AM

Several weeks ago my husband got a letter from a debt collector claiming that he owed money on his Orange account. We thought this was odd as I pay orange when the bill is due and we are fully up-to-date. On phoning Orange, it seems as if someone had set up an Orange account using my husband's name:mad: . Orange would not give us any details as we are not the 'account holders' but have passed the details onto their fraud dept.

Now last year his bank account was subject to fraud where by a person had set up accounts with M3 and vodaphone and was debting his current account to pay for these mobile. His current account had to be shut down and luckily the money refunded.

We have informed Orange of this and want them to inform the DC of the situation, they have come back to say that they can't do this until they have carried out their investigation, in the meantime we are being chase for a debt that is not our responsibility and the DC are threating to come around and take our property.

What can we do?

hypno06 · 12 February 2007 at 12:26PM

Have you reported the fraud to the police?

If you have, then they will immediately give you a crime reference number over the phone, and will follow it up with a letter.

This makes it all about as official as it can be, and you can quote the ref to anyone who tries to make you pay up for money that you do not owe.

If you ask a bailiff/DCA to deal directly with the police, then I bet they will back off pretty sharpish!

SSB · 12 February 2007 at 12:31PM

Hi

Do not let any debt collectors in, they only have a right to 'peaceful entry' which means that you have to either invite them in or they gain entry through unlocked door, open window etc. Have you informed DC that this is not your debt and it's being investigated?

How long will the investigation take? Orange should inform you of the average time this takes.

AMILLIONDOLLARS · 12 February 2007 at 12:45PM

When my husband first spoke to Orange he was initially advised to report it to the police, then they came back and told him not to bother as they were dealing with it. He spoke to Orange again today, who have said its going to take another week and half and that they would be contacting the DC to let them know the situation. I have no faith in this and will be telling Hubby to get down to the police station and get a crime reference, in case they come around anyway.

Thank for your help all!!

CLAPTON · 12 February 2007 at 1:24PM

debt collectors have no rights at all to enter or attempt to enter your premises. they are simply private citizens.
just send them away.

needaspirin · 12 February 2007 at 1:25PM

Do not confuse debt Collectors with Bailiffs!

Debt collectors have no powers of entry. Bailiffs can only be used after you go to court and are found liable for the debt, and then do not pay it. You will not lose this case in court and it is highly unlikely that any creditors would even try to make a case when the fraud is not yours.

Unscrupulous Collection Agencies often mention removing goods in initial letters to debtors before any kind of action has been used. This is against OFT guidelines, but most DCAs have never heard of the guidelines anyway.

Tell them you will be glad to meet them in court and will be claiming costs against them.

What Happens When The Debt Isn't Yours But The Debt Collectors Comes Around

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