Problems with a debt that isn't mine

mrsvickibera

Hi all

My friend is having problems with a debt that isn't actually for her.

British Gas sent her bill for either gas or electricity that wasn't for a flat that she lived in, she lived in the same block of flats but a different flat to the one on the bill.

She informed them of this and gave them the evidence needed but they keep selling it on to different debt collectors.

The most recent one, she thought was sorted as she had sent the documents and they had acknowledged her letters, but she has now received a letter from Westcot and the debt has been sold on to them.

What can she do other than go to a solicitor to get this sorted? Obviously she doesn't want to do that as it will cost her money, but this is obviously becoming really frustrating receiving the same letters from different debt collectors for a debt that isn't even hers!

Thanks

violetta

I think in these circumstances I would contact either the Citizens Advice Bureau or Consumer Direct for some expert free advice.

Premier_2

On the bill your "friend" has received, there will be details of the suppliers formal complaint procedure.

Presumably your "friend" has copies and proof of payment of the gas & electricity bills that she does have relating to her own property?

ALIBOBSY

It would also be worth checking her credit file to ensure she has not be listed as ever linked to this address.

I would write to both BG and wescot and state this is not her debt and I never lived at XX address. I would ask for this to be lodged as a formal complaint and ask for a copy of their formal complaint procedure.
If required pass the matter on to the official ombudsman, plus trading standards and the OFT if they will listen.

The worse that would happen is they will threaten court action, she says good take me to court I have proof I never lived there. If they take it to court she defends in full, debt not mine/my address. As long as she has the evidence the judge will laugh at em. You can even ask for the judge to consider damages as you had already provided this info so the court action was unwarranted.

If they threaten debt collectors calling around at any point remember 1) 99.9% of the time this is a threat they don't carry out and 2) The collectors that turn up are not baliffs and have no more power than the milkman,you can either pass them the same proof and/or tell em to jog on-never let them in.

Never phone them as this gives them an opportunity to lie, threaten, and bully you as well as them getting your phone number to harrass you on.
Remember recent cases have proven that DCA's don't care who pays even if they are not the person who actually owes the money and they have no respect for the law and the OFT guidelines. They are scum and as soonas you cotton on to that they stop bothering you.

ali x

Farway

Have a read here

http://www.insolvencyhelpline.co.uk/debt_factsheets/harassment_of_people_in_debt_by_creditors.php

small extract

"How to deal with harassment by your creditors. The first step is to write to a creditor and outline your concerns about the company’s behaviour. Inform them that you are familiar with the terms of Section 40 of the Administration of Justice Act and ask that the creditor takes steps to avoid similar occurrences in the future. Tell your creditors how you would prefer to be contacted and ask that they confirm their agreement to this. A letter at this stage may avoid the need to take further action against the company.
Tell them you are aware of the OFT Debt Collection Guidance and that you will consider making a complaint about their behaviour under the guidance."

I know not in debt etc, but it does deal with how to stop them harassing your friend

As others say, never phone,. always write

Google on section 40 of criminal justice act for more info

DVardysShadow

Farway wrote: »

Have a read here

http://www.insolvencyhelpline.co.uk/debt_factsheets/harassment_of_people_in_debt_by_creditors.php

small extract

"How to deal with harassment by your creditors. ... "

I know not in debt etc, but it does deal with how to stop them harassing your friend

As others say, never phone,. always write

Google on section 40 of criminal justice act for more info

With respect, this is not relevant. The person in question does not owe anything, so it is not "harrassment by creditors"

Premier_2

DVardysShadow wrote: »

With respect, this is not relevant. The person in question does not owe anything, so it is not "harrassment by creditors"

Any port in a storm to have a good ol' rant, though

Farway

DVardysShadow wrote: »

With respect, this is not relevant. The person in question does not owe anything, so it is not "harrassment by creditors"

With double respect, the company chasing the money think they are owed money, when they are not

DVardysShadow

Farway wrote: »

With double respect, the company chasing the money think they are owed money, when they are not

Exactly.

They have less rights to pursue someone who is not a person who owes them money than they have to pursue someone who does owe them money. Looking at this as "harrassment by creditors" appears to give a non debtor less rights than they actually have.

In_a_Mess_3

What documents has your friend sent?

The best thing she can do is send her council tax bill or copy of her lease which very clearly shows she does not live at that address. When she does that most debt collectors will stop chasing her and go looking for the real debtor.

Fire_Fox

mrsvickibera wrote: »

Hi all

My friend is having problems with a debt that isn't actually for her.

British Gas sent her bill for either gas or electricity that wasn't for a flat that she lived in, she lived in the same block of flats but a different flat to the one on the bill.

She informed them of this and gave them the evidence needed but they keep selling it on to different debt collectors.

The most recent one, she thought was sorted as she had sent the documents and they had acknowledged her letters, but she has now received a letter from Westcot and the debt has been sold on to them.

What can she do other than go to a solicitor to get this sorted? Obviously she doesn't want to do that as it will cost her money, but this is obviously becoming really frustrating receiving the same letters from different debt collectors for a debt that isn't even hers!

Thanks

If your friend lived at number 1 Tall Flats and the bill was for number 6 Tall Flats surely the bill would be posted in number 6's letterbox so your friend would never see it? Or am I missing something?

Edited to add: there are 'prove it' template letters on the Debt-free Wannabe board which might be suited to this case. It's not for your friend to prove this is not her debt, it is for the debt collection agency to prove that it is. They will try to claim otherwise but .... they lie.