Statute Barred or Fraud?

Running_Horse

A quick question if I may?

My wife and I have worked hard to clear debts accrued in her previous marriage, and are close to having everything under control.

However, out of the blue she has received a demand from a collection agency relating to an old address and name not used since 2003. The strange thing is it is for a company she has never had any dealings with whatsoever, and we suspect fraud by her ex (who ran up most of the debts).

Should we just go for a straight Statute Barred letter, which seems to acknowledge the debt? Or try to get to the bottom of who applied for the money? She does not want any kind of contact with her ex that could follow from an investigation. Should we be asking to see the original credit agreement?

Would be grateful for any help or advice.

Britwife

Sending a statue barred letter does not acknowledge the debt at all. You could always send the prove it letter and make them prove the debt is hers. I would suggest having her check all 3 credit reporting agencies to see if there is anything on there. If it's statute barred then it shouldn't be on there.

If it's clear from that part of her past then I would just send the statute barred letter.

It it's fraud then I think you will have to file a report or something, hopefully someone with more knowledge will be along for advice on that part.

What company is chasing it up?

Running_Horse

Thanks for your reply.

Edit. Currently working on 3 credit agency letters.

We need to be doing this anyway to ensure previous settlements have shown up.

Running_Horse

Another silly question.

Had a look around, but can't find how you get collection agency to prove debt.

Any pointers to a standard letter?

Many thanks.

DarkConvict

Seveal standard letters here - https://forums.moneysavingexpert.com/discussion/comment/11571227#Comment_11571227

CCA letters here - https://forums.moneysavingexpert.com/discussion/2305463

Prive it letter here - http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

Running_Horse

Thank you both for your help. We have sent off to the three main credit agencies to see what is on file, and whether Statute Barred applies. And we will probably do the CCA letter registered post in the next few days....

...unless anyone more experienced than myself has a better idea.

Britwife

I think darkconvict has a great rep here and offers good solid advice.

DarkConvict

Cheers Britwife,

Running Horse, do not do a CCA request, i was just putting up a few general templates.

A CCA request is likely to be considered acknowledgement of the debt, so if there is less than 6 years it could start the clock ticking again, so start with prove it letters, only once you get some decent reply back and it shows the debt is old, then send the statute barred letter.

Running_Horse

Should the letter be signed in the name of the account, or current name? I assume the fact they have the original name from over six years ago along with the current address, means all details are known from credit reference agencies?

DarkConvict

Never sign letters, creditors/debt collectors have been found to scan in signatures and implant them on forged documents, committing an act of fraud. They have been caught on here creating forged documents a few times.

Anyway, print your current name.

The CRA should have details on names/address and be sufficient for your identity. Simply put if they don't know who you are they shouldnt be asking you to pay a debt anyway.

Running_Horse

Update:

Sent "prove it" letter and applied for reports from Equifax, Callcredit, and Experian.

The credit reports show neither the debt amount nor the company mentioned, in any way whatsoever. They do show my wife living at the address in 2003.

The collection agency have sent a letter saying they have placed her account in query, passed her comments to their client, and will suspend action while they wait a reply, and will contact us when they receive a response.

Should we sit tight and wait? Or is there anything else we need to be doing? Is there any way we could be liable for something not on the credit reports? Many thanks in advance.

PS. The most recent letter was still in her old name despite her writing in her current name.