Help! I'm being chased for a debt...

Blackjack_Davy

...thats not my own! :eek:

I keep getting letters from threeG mobile phone company demanding payment for an unpaid bill, the address is my own but it's addressed to a company I've never heard of! Nor is it a previous occupier/tenant as I've lived here for 7 years and know the names of the previous owners and it's not them either. I don't even have a threeG phone contract!

Now, either unintentionally or intentionally someone has put down my address as their company address instead of their own...

I've put "return to sender" on the letters and written "does not live here/never lived here/not known at this address" on the back of the envelope but it makes no difference they keep on coming. I've phoned them up asking them to stop it but they demanded to know my real name etc and I declined saying it was none of their business and they really got quite agressive and I ended up putting the phone down on them. And the letters keep on coming.

As of the last two I've stopped returning them because I'm fed up with it to be honest -

The thing is it's not the first time its happened the previous place I lived at I had a debt recovery company after someone a previous tenant I think for an unrelated unpaid bill, a parking ticket I think - and I used to get 2 or 3 letters a week I kept writing "return to sender" and "not known here" but they kept on coming - I even phoned up the recovery company and they bascially said there was nothing they could do - I even had the bailiffs come knock on my door one evening, at least I assume it was the bailiffs - a couple of enormous blokes must have been 20 stones in weight each - they asked if was such and such a person, I said no, and pointed them in the direction of the letting agency and said they were probably a previous tenant - and they turned around without a bye or leave and walked off. No apologies, nothing. And the letters kept coming.

This went on for years until eventually one day it stopped - no idea why, perhaps the bailiffs caught up with them in the end - but I fear I'm going to have the same thing all over again. The stress of it is doing my head in.

Does anyone know what I should do?

peachyprice

They're no going to listen to you if you phone, they're not taking any notice when you send the letters back Just put the letters in the bin and get on with your life.

Welshdebtor

Dear Sir/Madam

Account No: ***************

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

peachyprice

The collection agency don't claim the debt is owed by OP, it doesn't have their name on it, only their address.

Welshdebtor

peachyprice wrote: »

The collection agency don't claim the debt is owed by OP, it doesn't have their name on it, only their address.

They are still contravening OFT Guidelines as detailed in that template.

arcon5

Welshdebtor wrote: »

They are still contravening OFT Guidelines as detailed in that template.

Welshdebtor wrote: »

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.

Which points exactly?

The key points in the template relate to the company chasing the individual for the debt.

They are not making demands for payment against op. So op is unable to dispute the debt since they are not named as owing the money.


Op, as said write 'Return To Sender' on front and re-post it. (Atleast I think thats how your supposed to do it )

Welshdebtor

Welshdebtor wrote: »

Dear Sir/Madam

Account No: ***************

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

Those bits for starters. This template is suggested by many Debt Assistance Charities/Helplines/Organisations etc in response to the OP's situation.

They (OP is it from 3 themselves or a DCA?) need to justify their reasons for continual contact even though the OP has made them aware he is not the person connected to that account. If they can't then the OP has a case for reporting them.

As well as the use of that template, you have another option as already mentioned of ignoring the letters.

Welshdebtor

Also (as you did when they asked for your name) do not give them any personal details, nor send them any proof you are not the named person. Under OFT Guidelines they are not allowed to do this. It is up to them to proof they have the right person, not for you to proof they have the wrong person (in simple terms).

Edit - That is confusing at the start, what I meant is:

You can give them your name, but if they ask for proof you are "Ted Baker" i.e copy of birth certificate etc then you do not have to send it. If you give your name that may stop them in one simple move. It is of course your choice whether to give it them.

fluffnutter

I wouldn't use that template for this particular circumstance. It implies that the debt *might* be owed, just that the collection agency is yet to prove it. This is clearly an administrative problem or an attempt at fraud by someone who's used the OP's address.

Why are you finding it so stressful, Blackjack? I'd find it frustrating for sure, but I'd keep returning the letters - 'Not known at this address' and forget about it. You could write I guess, stating that the person in question doesn't live there and any further attempts to contact them will be viewed as harassment, but you could also just ignore.

If debt collectors turn up on your doorstep, tell them once again that you're not X and call the police if they don't leave. Honestly, there's nothing more they can do - this won't affect you adversely other than through receiving letters for someone else periodically. Your credit rating will be fine (addresses don't get 'blacklisted' any more) so I'd try not to worry about it.

arcon5

Welshdebtor wrote: »

Those bits for starters. This template is suggested by many Debt Assistance Charities/Helplines/Organisations etc in response to the OP's situation.

They (OP is it from 3 themselves or a DCA?) need to justify their reasons for continual contact even though the OP has made them aware he is not the person connected to that account. If they can't then the OP has a case for reporting them.

As well as the use of that template, you have another option as already mentioned of ignoring the letters.

But they are not pursuing a third party for the debt.

They are not making contact with op.

Op cannot dispute a debt they are not being chased for.

I think even if op proves who they are they are likely to keep sending the letters to be honest. Since there is no way of them knowing for sure whether the person they are chasing lives there and may not necessarily be on the lease.

Op should RTS the letters, maybe send them a letter explaining, after which just bin the letters and if somebody shows up at his door explain the person their looking for doesn't live there and send them on their way. Call the police if necessary.
Most of the letters being sent are likely to be just standard procedure for the DCA or T-Mobile sent by a automated system which sends thousands per day most likely.

peachyprice

Yep, agree with Arcon. They are not chasing the OP for a debt not owed by them, they are chasing someone else who has given that address. Therefore that letter, which is to stop a debt collection company pursuing a debt that is not owed/disputed by the person writing the letter, is irrelevant.

OP, just bin the letters. You've tried to help the debt collectors by telling them they have the wrong address for the debtor they are chasing, they haven't listened. Let them waste their money.