Chased for debt that is not mine.

BadBoyNickyB

Hi everyone.

I'm being chased for a debt that isn't mine and sent the letter below to try and get this sorted but I've just received a letter back saying I have to call them. Do I really have to call as these people don't seem interested in talking, only taking my money!

3rdpartydebtsletter.rtf

Cheers

fermi

No, you don't have to call them.

Read: https://forums.moneysavingexpert.com/discussion/2992820

And then

Dear Sirs

Complaint

On [date] I wrote to you regarding the account with the above reference number, for which you claim I owe £xx. I pointed out that I have no knowledge of any such debt being owed to [The Loan Company]. I asked that no further contact be made concerning the above account unless/until you could provide evidence as to my liability for the debt in question

Despite this, you have continued to write [and phone].

I wish to complain that you have breached the following sections of the OFT Debt Collection Guidance 2003:

[copy and paste the sections]

This has caused me considerable distress and I consider it appropriate that you compensate me for this.

In case you are unaware of the rules of that you are required to follow, I have been told that they are as follows:

On receipt of this complaint, which will be deemed to have occurred two working days after it was posted, you must promptly acknowledge it, in writing, and provide me with a written copy of your Complaints Procedure.

You must keep me updated with the progress of your investigation of my complaint.

Once the complaint has been investigated you must issue me with your final response, explaining your findings and including any proposal you may wish to make in order to put things right. Your final response must tell me if I may take my complaint to the Financial Ombudsman Service and how long I have to do so.

If you are unable to provide me with a response within eight weeks, you must write to me to explain why, confirm that I can then ask the Financial Ombudsman Service to consider my complaint and provide me with a copy of its leaflet.

I look forward to hearing your proposals.

Yours faithfully

BadBoyNickyB

I've sent the complaint letter and received a reply which basically states:

We have requested further information from the original creditor in relation to the account however they have advised us they are unable to assist us at this time. We are satisfied of your liability due to payments you have made towards the account.

To be fair I did make payments on this account because I have several other debts and I assumed that maybe I had signed up for this account, but having thought about it further I really don't believe I did!

Is there anything I can do now or do I just have to keep making the payments?

fermi

No. You don't have to continue payments if they are too arrogant to provide proof of the debt.

Making payments in error, does not make you liable in any way shape or form.

Was that their "final response"?

Did they provide you with a copy of their complaints procedure?

If that was their final response, than you might be able to start your complaint to the FOS now?

BadBoyNickyB

They did provide a copy of the complaints procedure , they didn't state this was their final response, just that:

As the complaint relates to a mobile phone debt, you will not be able to raise the complain with the FOS. We hope that we can resolve matters before you contact the Credit Services Association.

fermi

In that case, they are in breach of OFT guidelines by continuing to press for payment while investigating a legitimately disputed debt.

See: https://forums.moneysavingexpert.com/discussion/2992820

Complain to the OFT, trading standards and the CSA.

For the CSA: http://www.csa-uk.com/page/codes-and-standards

chanz4

ask for copys of the bills, this should prove it not hard either

BadBoyNickyB

Sorry, I've made a mistake. In the top right of the letter it does state 'Final Response'. Only just noticed it.

fermi

chanz4 wrote: »

ask for copys of the bills, this should prove it not hard either

:rotfl:

The collector asked the original creditor who said they were "unable to assist at this time".

BadBoyNickyB

Hi

I'm guessing they are not in breach of OFT guidelines because that was their final response and are no longer investigating the disputed debt.

What do I do now?

fermi

BadBoyNickyB wrote: »

I'm guessing they are not in breach of OFT guidelines because that was their final response and are no longer investigating the disputed debt.

They are, as they have failed to investigate it adequately yet, or provide details sufficient to prove that you are the debtor and/or are liable for the debt.

They are certainly in breach of 2.8 (i)

i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued

Just because they have stated "this is our final response", that doesn't make it good enough.

In fact, stating that when they have so blatantly failed to investigate properly, makes it much much worse.