Account in dispute. Help please!

grumblybum

Hi
Am more of a reader than a poster, but am a bit stuck here. Basically my other half has received a letter from Marlin in January this yearstating they have been passed an account and demanding payment of £4500. Neither of us know what this is for, been at this address for 5 years and is the first we have heard of anything, and after checking credit report is nothing showing as owed, nothing in default etc etc. Have requested a copy of CCA on two occassions (15/01/09 and 12/02/09) along with PO for £1, following reading a similar thread, and they are still refusing to send it without a signature due to 'data protection'. So what is the next step? All the advice I have read advises not to send a signature, but unless I do they won't send the CCA.
Any help or template letters will be very gratefully received.

pepe2008

You dont neccessarily need to use your 'regular' signature though.:D

pepe2008

and if they are not SURE you are who you are ( which is the only reason for claiming Data Protection ) then they should NOT be sending you anything to do with this account at all........that is against OFT Debt Collection Guidelines 2.8 b,i and j. See these at www.oft.gov.uk

10past6

grumblybum wrote: »

Neither of us know what this is for

Send the following letter, the onus is on THEM to prove the debt:

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
[PRINT ONLY - NEVER SIGN]

grumblybum wrote: »

Have requested a copy of CCA on two occassions (15/01/09 and 12/02/09) along with PO for £1, following reading a similar thread

If the debt is either statue barred or you have no knowledge then sending a CCA request is giving them an indication you know about the debt, why would anyone request a CCA if they have no knowledge of such a debt?

OP, what's done is done, but I would still suggest you send the above template letter.

grumblybum

10past6 wrote: »

If the debt is either statue barred or you have no knowledge then sending a CCA request is giving them an indication you know about the debt, why would anyone request a CCA if they have no knowledge of such a debt?

OP, what's done is done, but I would still suggest you send the above template letter.

I feel so stupid now having read that! I was freaked out by the letter that said they were taking him to court and clearly not thinking. There can't be a CCA cos we don't owe anything, and just thought that they would admit there isn't one and the matter would be ended. Sorry, that is possibly the stupidest thing I have ever done.