Financial Ombudsman won't help - where next

nomie44

Hi there, I'll keep this brief. Cabot chasing for a debt that wasn't ours, resulting from a wallet theft about nine years ago. We went through all the right letters, asking for a copy of the credit agreement which they told us they couldn't get, so we thought would be the end of the matter. Then they started again – took it to Financial Ombudsman who said he couldn't help because we did not acknowledge the debt as ours so we weren't Cabot's customers. And then Cabot magicked up a credit agreement - with no date, no signature and just a dodgy photocopy, but it obviously appeared way after the deadline - about a year later. Now Cabot has passed it on to a collection agency who have said they will be making a doorstep visit. What can we do next? Hope someone can help, I'm sick of it after nine years!

fermi

I'm afraid asking for copies of a credit agreement under the Consumer Credit Act makes it look as if it is your debt, but you are just disputing whether it is technically enforceable against you.

Instead, you have to deny outright that the debt is yours, and require that Cabot provide proof to show that it is.

Obviously unsigned paperwork is never going to be good enough for that. It proves nothing.

Have you got a crime number to quote for the theft and ID theft?

Write to them and tell them that:

- It is not your debt, and it was the result of theft/ID theft.
- That by not investigating a properly disputed debt they are in breach of OFT guidelines.
- Every single demand for payment or attempt to collect by them or someone acting for them will be reported to the OFT, trading standards and the police.
- That should they attempt legal action, you will defend any claim and counter-claim for harassment, costs and compensation.

Gordon_Hose

If it was 9 years ago then surely it's Statute Barred anyway?

fermi

Gordon_Hose wrote: »

If it was 9 years ago then surely it's Statute Barred anyway?

Presumably that as well.

smartiedriver_2

Report it to the police as identity theft

nomie44

Thanks for your replies - in all correspondence we have stated at the top that we do not acknowledge the debt as ours. It was because of this that the FO said it could not investigate the case because we are not customers of Cabot

Gordon_Hose

And they are right in saying that.

Putting aside the fact it isn't your debt for the moment, it's 9 years old... so it's unenforceable anyway. I point you back in the direction of Fermi's advice in post #2.