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Aktiv kapital........Help Fermi/ Ras

Had a letter from these people saying I owe 1047.47p. Firstly I don't know these people at all or the people HFC bank I have never had anything with them..
And it's also gone to my Father's address which is nowhere near me..
and on the letter it states we THINK we have the right person:rotfl:

Now I have sent a CCA request to them they have cashed the PO but the letter I got in return was please call us to discuss so we can send you the correct paperwork..mm which I am not going to as this will cause them to continue to harrass me.

This morning I got another letter to my father's address with a statement of account from 2008 to 2009 with nothing on except the balance..

Now they have put the original credit aggreement date which is 2002 But I moved from an address close to my father but not his address in 1997 so how can they send him letter's when the name is not even the same?

I am presuming they are fishing for info or trying to pin on me this debt but I am not having none of it.. But dad is getting really stressed with the letter's comming to him, And I need to stop them writting


So please can you advise what's next please?

Comments

  • grace
    grace Posts: 183 Forumite
    Part of the Furniture Combo Breaker
    I really wouldnt even bother... pass the whole lot to the Financial Ombudsman...I have had these on my back of something I didnt owe for ages in the end I just passed it over and they got it resolved within days....
    BOI Credit Card = Was £3500.00 Now £0.00
    GE Capital Store Card= Was £1800.00 Now £0.00
    GE Capital Store Card = Was 1300.00 Now £0.00
    Credit Union Savings Now £200.00 :T
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    Depends on how confident you are that this isn't yours and just how angry you are :)
    PERSONALLY I'd get a PAYG sim and call them (that way they don't have a number they can hassle you on ;) ) and I'd let them have my date of birth and nothing else... and THEN I would explain to them just what I thought! Including that if they try to chase me for a debt again that isn't mine I will take them to court, by them I mean the company and every single employee who has been involved in chasing me for this alledged debt for harassment... It seemed to work when I was being chased for a debt that didn't exist (it was paid off with a consolidation loan with the same bank! you'd think Lloyds TSB would have got that right?).

    However - a letter to the same effect would probably do equally well :)

    Have they given you a reference you can quote?

    If so then if there isn't an official letter I'd go with something like:


    Dear Sirs,

    Ref: xyzxyzxyz

    I refer you to my letter dated x/x/x in which I requested that you prove this belonged to myself. You have failed to provide any CCA in relation to this debt or any other proof that this debt belongs to myself.

    By failing to do so in 14 days from my original request the account is now unable to be chased by you regardless of who owes this money.
    Until such a time when you can prove this debt is mine I request that you cease ALL correspondance with myself at any address. Failure to do so will be seen as harrassment and I will have absolutely no hesitation in reporting your company and any individual employee for harassment to the police as well as the Financial Ombudsman.
    I still no not accept any liability for this debt as I have never had any accounts with the originating creditor you claim this debt comes from.

    I enclose an invoice for my time that I have had to spend on dealing with this and ask that you pay in no more than 14 days or I WILL pursue you in small claims court!

    Yours Sincerly

    AMBERSHADOW





    And then attach an invouce for your time :) I'd charge them at your usual hourly rate or somewhere around £7-£8 per hour + your PO cost, your postage and any fuel it's cost you to post the letters or pick them up from your dad. Make sure you itemise the invoice and date it :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • The point is they have cashed the PO for the cca request but no mention of it coming and I have never lived at my father's address never..

    i HAVE LIVED NEAR HIM but never with him and this debt is from 2002 I moved i 1997 so why would they have his address

    All this is not right and the dates state to me it's statue barred
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Hi. :)

    All that does sound very mixed up.

    With the failure to supply a CCA, the debt sounding as if it might not be yours, and that fact that if it was it could well be statute barred, then maybe combine some of the salient points from the different templates on the site.

    In other words.

    1) You do not recognise the debt, and so require proof of liability.
    2) They have failed to supply any agreement that might confirm liability. As such the sanctions of s77/78 also apply.
    3) Furthermore, that based the dates they give then any debt would be statute barred and you require proof to show that it is not if they can provide evidence the debt is yours.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Thanks FERMI

    Which template letter do you suggest please? I want to post this morning to stop all mail going to my father's but I am not prepared to give them my address as I don't know anything about this whatsoever or who they are even and as I moved 1997 and this debt was 2002 it should be in my address not his if I took it out, I had been at new address 5 year's why would i give father's address

    So really they are at fault
  • grace
    grace Posts: 183 Forumite
    Part of the Furniture Combo Breaker
    This company will ignore anything that does not suit them I spent ages on a round about sending and resending letters that they claimed not to have received... you might want to check your Experian Credit whatsit as well you might find they have applied a default....
    BOI Credit Card = Was £3500.00 Now £0.00
    GE Capital Store Card= Was £1800.00 Now £0.00
    GE Capital Store Card = Was 1300.00 Now £0.00
    Credit Union Savings Now £200.00 :T
  • grace wrote: »
    This company will ignore anything that does not suit them I spent ages on a round about sending and resending letters that they claimed not to have received... you might want to check your Experian Credit whatsit as well you might find they have applied a default....


    They have signed for the letter sent..:D

    However I knw what your saying But It's my father's address not mine
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Which template letter do you suggest please?

    As said, I would pick and choose bits from from all 3. Plus maybe some bits from MrsTine's.

    They are potentailly in the wrong in so many ways, that it would be hard to pick just one template. ;)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • I have sending today the prove it letter, statue bared too as I have never ever livfed at this address..

    One more Fermi Please.... should I highlight I have never resided at that address
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