Debt collector letter but person doesnt live here

Juwel

Well........2 years ago I lived with my parents and sisters down south but I then moved on and had my own family. Yesterday I received a letter from a debt collection agency delivered to MY address but in my sisters name saying I owed £634 for a catalogue. I immediately rung them and said nobody by that name lives here and they suggested I was commiting fraud. They did ask if I knew the person but i dont want them chasing her either as she is very unwell at the moment. Basically nobody by that name lives at my address and its not my debt but they said they will continue to pursue the debt at my address. Any help on what I can do would be great. Sample letters to get them to leave me alone or something. Thanks for anything anyone can advise
:beer:

NYGiants

Just give them the address of your sister so that she can pay her debt.

RAS

It is not uncommon for a DCA to send letters to everyone with the same or a similiar name to the debtor, just to flush out the actual debtor. In the process they write to a LOT of other people with similar names. If they know your were once called by your maiden name, this would be pretty much standard practice even if against OFT rules.

The other small risk is that your DS opened an acount in her name, using your address for some reason, but the most likely thing is that it is a fishing trip.

The best thing is to ignore them, but if they start phoning up, please come back.

Juwel

Yep I spoke to them on the phone. They said they traced me from my previous address (when I lived with my sister) to my current address. They are suggesting I've commited fraud somehow.

RAS

Juwel wrote: »

Yep I spoke to them on the phone. They said they traced me from my previous address (when I lived with my sister) to my current address. They are suggesting I've commited fraud somehow.

This is a very common suggestion from DCAs, designed to frighten the life out of you.

You have to stop speaking to them on the phone. If they ring (do they now have your phone number or did you 1471?), tell them that you have taken advice from the OFT and are recording the conversation. If you can do so, then do. If not, do something that makes it sound like you might be. They will not repeat the threat and will probably hang up.

It is also against OFT rules to speak to anyone other than the debtor about their debt, send out fishing letters, pursue anyone for debt whom they have nt strictly identified as the debtor, take advantage of the persons ignorance of the law (even if they are the debtor) and so on.

Do nothing unless they ring back, in which case tell them you are recdign the call and that they must write to you. We can them give you a "prove it" letter to send them.

Which load of sharks is this, by the way?

Juwel

Moorcroft acting on behalf of express gifts, Studio.

Juwel

I never witheld my number either so yes they do now have it as the person from the fraud section of moorcroft then rung me straihjt back

RAS

Let's just say that Moocroft are very well known on here and this sounds standard tactics.

Can you bar the calls?

Will be back with the prove it letter.

RAS

National Debtline "prove it" letter

Quote:

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

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.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other





Send that regsitered post and write your name rather than signing it, if they make a nuisance of themselves.

If not, let sleeping dogs lie.

Juwel

Thanks so much for your help, I will certainly use this letter. Below is another I sourced and put together. Can you let me know your thoughts.

Dear Sir / Madam.

It is with great concern I write with regard to your company's behaviour. Over the last few weeks your company has been writing and phoning me regarding a debt that is not in my name and certainly not at my address. The addressee and debtor you refer to in your letters do not and never have lived at this address. I have no connection with Studio cards, I have never had an account with you and I have never ordered any products from you.

Despite never having had any kind of account with Studio and obviously due to me not being the person you are seeking, I am now of the opinion that this is now pure harassment and in direct breach of CPUTR2008 (Consumer Protection from Unfair Trading Regulations), Harassment Laws and section 40 of the Administration of Justice Act. I'm sure I have no need to remind you of the recent case of Ferguson vs. British Gas

What I require.

Confirmation that you will NOT call me again.

Removal of this address from your system

If you do not respond with your official complaints procedure I will have no hesitation in informing Trading Standards, The Office of Fair Trading and my MP of your behaviour. I will also begin proceedings for damages. If I have to write to you again I will charge your company £12 for having to carry out research into consumer and harassment law and taking time out to write again.

I trust this makes my position perfectly clear.

DarkConvict

Can we actually charge people for having to write these letters, it would be great if we could since DCA's tend to levy stupid charges for just sending a letter.