Being chased for a CC debt I never had

itguy_2

Hi,

A while ago I was getting chased for an outstanding Capital One credit card balance by Fredericksons.

I explained to them that I've never had a C1 card, but they refused to provide me with any evidence of it. They said if I was saying that, it must be ID theft and I should go to the police.

Now, I know my mrs had a card (amongst many, many others), and she was made bankrupt a couple of years ago (I wasn't) so that should be resolved.

I'm getting calls now from Brian Carter Solicitors, asking me to call back with a reference number and I think this will be the same.

So far I've been ignoring them, but I'm tempted to phone them back and ask them for evidence, or to proceed with legal proceedings against me if they want to (they don't stand a chance!).

Any other thoughts / suggestions?

Thanks!

DVardysShadow

Don't phone. And if it is ID theft, you are not the victim, it is C1 and they should go to the police. C1's problem, not yours.

lvm

Just to doubly make sure it wasn't one of the many cards your wife had but was maybe in your name or a joint account or something, you might want to get a copy of your credit report to see if it appears on there...

itguy_2

lvm wrote: »

Just to doubly make sure it wasn't one of the many cards your wife had but was maybe in your name or a joint account or something, you might want to get a copy of your credit report to see if it appears on there...

Hmmm... I don't think it does, but debts have been sold and re-sold so many times I can't keep up!

At any rate, thanks to her schenanigans, RBS have an arrestment on my wages, so none of the other debtors or alleged debtors can do squat!

billymadbiker

Dude,
if they have an arrestment on YOUR wages you are linked in some way, shape or form.
Have a look on here on how to do the free credit file check with the big 2.
Make sure there is nothing there that you did not set up yourself.
If she has applied for a card but in your name then got to the post first etc..
Also, see what it says about joint or associtated fincial arrangments.

Not only have they got details of a debt with your name on it, they have also got your phone number so will have address etc.
You don't need to answer the calls but don't just inigore the whole situation or the next thing will be big blokes knocking on the door and before you know it you will be walking down the cash point.

thechippy

Send the morons this...

..

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

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

These people are muppets and trying it on.

IF anyone does knock on your door, tell them to foxtrot oscar....;)

itguy_2

Thanks for the advice...the arrestment is for another company (a bank), nothing to do with these jokers!

I'll prepare a letter, I think. It's been a while since I rattled anyone's cage!

Ann244

Thank you TheChippy for the letter template. I'm being chased by Auto Windscreens for 50 pounds they say I owe them but I don't as I paid with my credit card. I had a letter from them a few weeks ago saying I owed therm 50 pounds. I phoned and they agreed I didn't owe them anything. Then on Saturday I had another letter saying I still owed them 50 pounds and if I don't pay they will stsrt legal proceedings. I'm really upset about this and the letter is just right so thank you.

NewStart09

You mention that your OH went bankrupt, that would clear her of any liability however, if for what ever reason she had you listed as a joint applicant on the card, that makes you liable for the debt.

A few years back getting credit was like buying a candy bar, that easy, and she could have listed you on the account for what ever reason. My OH had 3 joint credit cards,without me even knowing it. In total he had created £40k of debt, that I was joint liable for, and did not know the cards even existed, he got all three of these cards, by applying over the phone!


My suggestion to you is speak with your OH and go over her original BR papers which should list the credit card account number. You can match this with the debt collectors information, if it is the same account. If necessary contact C1 via phone or in writing and have them confirm if the account was joint.

If this was idenity fraud, than the Debt Collector should be supplying you with confirmation of the debt details, I believe there is a template on this site, where you can ask for this information quoting the data protection act. If the debt collector does not respond in writing to you within a certain time limit, or not at all. You have evidence to show the court, that they did not act in a legal matter once you requested the information.


You could ring your police department, but if you are just the joint applicant, and did not realise it, you could be 'wasting police time'
therefore talk to the OH and C1 first, it will save you a lot of hassle.

NewStart09

itguy_2

I was once advised that I'm not liable for her debts (not sure if that's because I'm in Scotland), and I find it quite staggering (although not unbelievable) that someone could name me in a credit application, and without my acceptance/signature/whatever that I can become liable for it!

As for talking to the OH, I might as well talk to the wall! Hey ho...