Help pls debt that is not mine.

Big_Bird_Bubbles

I am new to the forum but have been lurking for a few weeks.

My dilema is back in Dec 2004 I received a letter from Wescot saying that I owed £193.90 to JD Williams and payment was to be made by return post. I did not reognise this debt never heard of JD Williams and secoundly it was in my maiden name ( I got married in Sept 2001). I phoned them and the account was put on hold for 90 days and I requested more information, I sort advice from the cab who said to keep everything in writing and recorded delivery. After 90 days I recevd a notce of debt collection but no other information, again the account was put on hold for another 90 days again I requested CA but no joy every reply was a template saying that the account was on hold. Sorry II forgot to say I was told that the debt originated from my old address. We moved in Nov 2002 but we did not sell our old house until March 2003. Eventually I received a statemnt of account from them which had a list of clothes most of which where returned and late payment charges but iit had no account details on it i.e no name or address. I suspect ID fraud but cannot go to the police as I have no information. My last correspondence to Westcot was in July 2005 whereby II told them that if they failed to provide the information requested within 28 days then I would deem the debt to be resolved.
Never heard a peep out of them, but I am shoowing a default on my credit rating for this. How do I get this removed?
THanks
BBB

GeorgeUK

With a default showing on a credit file, the credit reference agency cannot remove this - they need to be instructed to do so by whoever had it put on. Alot of the debt collection agencies however ingore you when disputing a debt so i would advise contacting the credit reference agency (experian?) and tell them there is a default on your account for a debt which is not yours and that the company have refused to send any proof of the debt.

The default will appear on your account for 6 years so it is important to get rid of it as soon as possible. You should make it clear to the CRA that the debt is not yours, not that you are just disputing the debt.

It also sounds as though this debt is statute barred so i'd have a look to see when the default was put on your file.

Big_Bird_Bubbles

Thanks George, I notified Credit expert about the default and never heard from them either. I would say it has been on my credit file for approx 2 years.

BBB

bathgatebuyer

Is this one for the Information Commissioners Office? The company is obliged to make sure that any information passed to 3rd parties is correct under the Data Protection Act and clearly in this instance it is not.

Also, the Office of Fair Trading Guidance Note on Debt Collection from 2003 makes it quite clear that no recovery action can take place while an account is in dispute so clearly they are acting erroneously in doing such a thing.

I've not had such a situation myself, but I'm just trying to help by thinking aloud!