Debt collection agency chasing me for someone elses debt.

alexintyne

I have been contacted by Wescot Credit Services about £126 owed to Webb Ivory catalogues.

From what I can make out, someone has recieved my post at an address I used nearly 5 years ago and other fraudulent details to order goods from this catalogue without paying.

I explained this to Wescot and that I hadn't lived there in years and they said that was fine and that it would be investigated. I asked if it was a police matter and they said that it might be, but not involving me as the fraud had been committed against Webb Ivory and not myself.

I have recieved a letter today asking for proof clearly showing the dates I left the property, so I rang them up and asked what this proof would need to be. They said a tenancy agreement.

And there's the problem. I was a kid then and didn't keep good paperwork, but even if I had the tenancy agreement in my hands now, it wouldn't have shown the date I left - the tenancy was mine until I left or was booted out (I left, I wasn't booted ) ).

Does anyone have any ideas about what I can possibly do?

Many thanks,

Al

Marisco

What about a tenancy agreement where you are now? Does that show the date you moved in? Or utility bills?

nc35

Electoral Register. Or Council Tax (Not too sure how the local council will help but worth a go.)

alexintyne

Hmm, my most recent tenancy agreement would show last year, which may be too recent for them (It may have happened before then), but I might be able to find information for the address I moved into after leaving the property in question..

As far as the Electoral register goes, I only just registered in time to vote for the recent election, so that may not be any help to them..

It's frustrating, but I'll see what I can find.. Thanks guys.

RAS

Hi folks

let's get hold of the right end of the stick?

Legally it is the respobnsiblity of the creditor to prove that alex was living at the address given on the dates the catalogue was used.

Wescot know this damn well and should not be asking alex for prove.

Send the standard prove it letter.

ALIBOBSY

RAS has it just spot on, its up to them to prove you owe the money not the other way around. I would also add never talk to them over the phone as they will lie and threaten to get people to pay. They will not have been any investigation. They hope you will eventually give up and pay just to get rid of them (wether you really owe the money or not).

If the address is over 5 years old the debt is probably close to the 6 year "statute barred" stage so they are probably on a last chance try to chase it before it passes the 6 years.

You will also want to check your credit file to ensure they haven't added a false debt to your record. Hoepfully you have a blocked number you rang from or they forgot to note down the number you called from otherwise you may start to get the auto calls chasing you for payment.

Tell em to prove it then when they can't to push off.

ali x

woody01

Don't do anything and just ignore them.
If it isn't your debt, there is nothing they can do. Move on and forget about them.

alexintyne

Yeah, I realised that as the debt wasn't mine, push comes to shove they bear the burden of proof. I figured though, as the debt isn't mine and that there was fraud involved it would probably be easier to help them get the information needed. Especially if there was a chance I could end up in court (of course I would be cleared).

Making it even easier is the fact that the address I moved to afterward was a university address and my step mam now works for that university in student support, and deals with this sort of problem, she should be able to get the information needed quite easily. With all due respect to RAS and the other posters (I'm just trying to explore all options here, please don't take offense) is telling them to prove it just a little bit snarky, and possibly asking for trouble..

Now out of principle I do begrudge helping them, especially when the keep referring to it over the phone as "your account with Webb Ivory" (NO, someone who has used my names account with Webb Ivory!) but after years of fighting everytime something bad comes my way, I just want an easy life and if that means giving them what they need to leave me alone, then I'm more willing to do that than stand and fight..

What are peoples thoughts?

And finally, I lived at that address nearly five years ago, and if it was a 6 year old debt, approaching the "statute barred" stage that would make it my debt (which it categorically is not!). No, this debt is still very chaseable, and will be a while before it hits the six year mark.

Cheers for all your help,

Al

DarkConvict

They indeed have to prove the money is owed by you, and that you lived at that address.

It is just quicker if you can provide evidence to back up your side of the story, as DCAs are well hopeless at doing anything but pointing figures and demanding money.

These people will have business access to voters role databases, so can usually tell when people move in and out of addresses so long as they sign up to vote.

MacsReturns

TBH Alex, I think you should consider the police. Okay this isn't your debt, but if someone is using your name/details it is ID fraud. At the very least, get hold of your credit report because this might not be the only one they've taken in your name, you really need to know in case there are other unknown creditors looking for 'you'.

Good luck with this can of worms :beer: