its not my debt

tetley

hi all,ive searched this forum but cant find anything about my problem so here goes.
a few months ago i got a letter from mackenzie hall debt management company based in ayrshire asking me about my £5474 debt to black house finance,so i wrote back to them and said that you must have the wrong person cos ive had no dealings with black horse,a few weeks later i got another letter offering me a last chance to settle the debt before legal proceedings are started,so i them phoned them up and stated that i had never lived at the address, or owned the car ,that the debt was for.
then today i got another leter stateing that unless i settle the debt within 10 days legal proceedings are to go ahead.
so were do i stand ?
do i pay for a solicitor to act on my behalf ,and can i claim the money back from them for the cost.?
if i go to court,will the court be in scotland ? and what infomation do i need to prove its not my debt.i have lived at the same address for over 10 years.
should i write to them again asking for proof of the debt. ?
over to you,thanks.

Broken_hearted

I would get advise from CAB, also send them a letter stating it's not your debt.

moozie_2

Hi there and welcome

Trying to understand: is this a letter that's re-directed to your address?

Don't worry, I'm sure it will get sorted.

$17mma

I would suggest seeing the Citizen's Advice Bureau on Monday. Take their letters with you.

Is it possible that someone obtained your details and got this credit/loan acting as you?

I can understand that this is very worrying. But hang on in there. They can not take your possessions if the debt is not yours. And I find it strange that they have taken so long to contact you.

Bossyboots

If they issue proceedings they will have to prove you owe the debt. When the papers are served on you, your defence would be that you don't owe the debt and that they have the wrong person.

There is no guarantee that you will recover any costs of instructing a solicitor so if you can start of without that it would be better. I would definitely write to them asking for proof of the debt and reiterating that they have the wrong person.

I agree that you should also go to the CAB for assistance.

tetley

thanks for your help,clear things up a bit.ive lived at this address for over 10 years,the letter was sent direct to me at my address,the car loan is in another part of the country,i assume the person has the same name as me.
there is no way sombody has used my id to get credit,i use the expierean credit checker every month.if i write to them asking for proof of the debt,how shall i word it ?

moozie_2

You could write and ask for a copy of the credit agreement. That should clarify things. In any case, the advice from other posters to go to the CAB is good. If Black Horse continue to pursue you for this debt, it will be helpful to have the assistance of CAB at hand.

Best of luck and let us know how things go.

CLAPTON

just one other thing, when you write asking for a copy of the 'agreement' and restating it has nothing to do with you, it would be wise to send it by recorded delivery and use the internet to check it was delivered...unfortunately a lot of letters to debt collectors never arrive! Obviously keep a copy and keep the recorded delivery slip safely.

moozie_2

CLAPTON wrote:

just one other thing, when you write asking for a copy of the 'agreement' and restating it has nothing to do with you, it would be wise to send it by recorded delivery and use the internet to check it was delivered...unfortunately a lot of letters to debt collectors never arrive! Obviously keep a copy and keep the recorded delivery slip safely.

Excellent points, thank you!

Harassed_2

MacKenzie Hall are well known for making empty threats, however, if they can't produce the document requested, they'll find it very hard to go to court.Write to them, using the letter below. Send it by Recorded Delivery and enclose a £1 postal order in payment of the statutory fee. Do contact your local CAB office and involve them in this.

I do not acknowledge ANY debt to your company or your client. 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 £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

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 defence 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.

tetley

thanks,will write a letter and post it tomorrow,i will off course let everbody know the outcome.