Sent debt collectors for for someone who has never lived at the house

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Andyr11
Andyr11 Posts: 19 Forumite
in Debt-free wannabe
Hello everyone

Today in the mail I recieved a letter addressed to a Mr X who lives at my address from a debt collection agency who area acting on behalf of HSBC Card Services for an outstanding debt of £540. I phoned the agency and explaned to them that Mr X does not live at this address and never has as me and mum have lived here since it was built earlier this year. They said that this was the address HSBC gave them and that the we were responsible for the debt until we either resolve the matters ourself or find out the address of mr X (who we have never heard of).

Does anybody know where we stand leagally here and can they force us to pay the debt. There was a note on the letter saying failure to make a payment within 14 days will result in bailifs visiting the house.

Thanks for any help

Andy

Comments

  • meerkatgirl
    meerkatgirl Posts: 140 Forumite
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    Baliffs can't legally take anything but stuff belonging to the named party - in this case Mr X - if they do, or try to, it's theft and you can get the police involved.

    You are in no way responsible for Mr X's debt or finding out where he is.
  • Optimist
    Optimist Posts: 4,556 Forumite
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    Not too sure why you opened a letter addressed to someone else instead of just returning it as not known at that address However you have told them that it is not you. Therefore it their problem not yours . From what you say they have got the totally wrong person/wrong address.You are NOT legally liable for this debt. Baliffs cant do anything without a court order.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • robnye
    robnye Posts: 5,411 Forumite
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    send it RTS.... as mentioned not your problem thiers
    smile --- it makes people wonder what you are up to.... ;) :cool:
  • Uniscots97
    Uniscots97 Posts: 6,685 Forumite
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    I had this same problem with Scottish Power with someone who claimed they lived at my address before the house was even built. Told them to check the land records (which they did) and they never bothered me again. If bailiffs turn up all you have to do is show them documentation to say the house is yours. If they get shirty or threaten violence (as I have seen some do), call the police.
    CC2 = £8687.86 ([STRIKE]£10000[/STRIKE] )CC1 = £0 ([STRIKE]£9983[/STRIKE] ); Reusing shopping bags savings =£5.80 vs spent £1.05.Wine is like opera. You can enjoy it even if you don't understand it and too much can give you a headache the next day J
  • Andyr11
    Andyr11 Posts: 19 Forumite
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    Optimist wrote:
    Not too sure why you opened a letter addressed to someone else instead of just returning it as not known at that address However you have told them that it is not you. Therefore it their problem not yours . From what you say they have got the totally wrong person/wrong address.You are NOT legally liable for this debt. Baliffs cant do anything without a court order.

    The guy had a very simular last name to mine and the same initial as me. On first glance I opened the letter thinking it was for me.
  • Dr.Shoe_2
    Dr.Shoe_2 Posts: 1,028 Forumite
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    It sounds like a fishing expedition to me...
    [strike]-£20,000[/strike] 0!
  • Andyr11
    Andyr11 Posts: 19 Forumite
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    Can you explane what you mean by fishing expedition to me please. The number on the letter was an 0800 number if that is what you mean.
  • kevin_M
    kevin_M Posts: 551 Forumite
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    they will send letters to everyone who it might be... and w8 for someone to bite
  • rog2
    rog2 Posts: 11,650 Forumite
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    They can not send 'bailiffs' unless a CCJ has been issued. If you receive a court summons, made out in name of other person - simply return it as person not living at this address.
    If DCA continue to contact you tell them, quite firmly, to go forth and multiply.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Broken_hearted
    Broken_hearted Posts: 9,553 Forumite
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    I would write back to them pointing out its not your debt and the rules on harrassment. This is not on.
    Barclaycard 3800

    Nothing to do but hibernate till spring
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