company threaten for payment for someone else's name!

shellybb

Really need help with this one.
I had a phone call 2 days ago from a company my husband used to buy garden equipment from to say he had an outstanding invoice. Luckly I used to help with his paperwork so I knew he had never had opened accounts or had outstanding bills as he always paid when he ordered the items he needed. I mentioned this to them and said outright it was not his, and asked for information from the invoice as to an address to where it had been delivered to. She was very rude and said she didn't have it infront of her and no matter what he had to pay it. I took their number and said I would get my husband to ring them. I rang him at work and he returned the call straight away.
He had a feeling it was his dads as he had accounts with them in the past. He found out it was his dads ( similar names ) they no longer live round here, and asked why she was ringing him for it only to be told that she had one of his cheques that had his name and address on so was using it to set up a debt collector to get the money from him even though she had no proof it was him.
He told her it was nothing to do with him and told her to get intouch with his dad. She was very rude again saying she didn't care who's it was as long as it was paid but was using his name and address to get it! He then rang his dad for him to confirm this in which he did and his dad also rang the company the next day giving them his details but said he was sure it was settled in 2008.
My husband then rang the company to make sure he was taken off the debt and asked for an apology for the way they had spoken to us.To his shock they said no and were still sending it to debt collectors at end of buisness day as they only have something with his address on in writing even though his dad rang to say it's nothing to do with his son and it's his own.
My husband was very upset by this and doesn't want his credit damaged so my father rang them as he's very good with things like this olnly to be told by the Area Manager of Haley Roe he didn't care as long as it was paid and put the phone down on him :eek:
If you can help on this issue we would be gratefull, don't know what to do next. Oh yes and the man that served his dad for this large order remembers and also confirms it's nothing to do with my husband......

cremegg

tell them to put it in writing. don't comminicate with them by phone, just in writing. and anything you send, cc it to the trading standards.

Hintza

I would pre-empt this by sending a recorded letter telling them what you have told us here (explain it in fine detail) and let them know that will be seeking legal advice/redress if they decide to continue to pursue you in this matter.

The advantage being you will then have something in writing that will show you were proactive in trying to sort this out should it turn nasty.

Amistoso_2

Here's a template letter to send stating they can't persue a debt when they are not sure that the debt belongs to your husband. Don't worry about it as this would never get to court. They are being way out of order and they probably know it.

name and address of company


Dear Sir/Madam



You have contacted us regarding an unpaid account, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to HALEY ROE

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

pinkshoes

Is this a well known store, or a local one?

I would send them the above letter, and let them know that you have also sent a copy to your local trading standards.

Don't forget to send the letter recorded delivery!

fozzeh

Also, if they do pass your details on to a company and they are using past information which isn't relevant, valid or required any more, it's a breach of the DPA

Amistoso_2

pinkshoes wrote: »

Is this a well known store, or a local one?

I would send them the above letter, and let them know that you have also sent a copy to your local trading standards.

Don't forget to send the letter recorded delivery!

Thanks pinkshoes, I should have said make sure it's sent recorded. I did a quick google and looks like they are a smallish independant in Coventry/West Midlands.