Help! Letter from debt agency but not my debt!

triffid123

If the loan is in someone else`s name (allbeit someone with the same name as you) , its thier credit file that will be affected and not yours. Personally i would go to the FSA and OFT and raise a complaint about this and the way you have been treated and go after Wonga for some compo for time spent, stress and costs in sorting this mess out.

Dan1el_2

I can't seem to log in with my email so have registered as a new user.


Still it goes on....

I received a letter from another debt company acting on behalf of the previous one. I am now being threatened with court action.

I have contacted everyone involved demanding that this stops by the end of the week. I was told by Wonga they would contact the debt company to confirm that it is not my debt. I have contacted them twice now to see if they have done this. I am still awaiting.

Completely unprofessional, all of them!

Phone calls/emails back and forth, back and forth,

Can someone please confirm two things I am worrying about.

(on account all they have is my name and address, that's it)

Record on my Credit File - They definitely can't do this?
Court action - Can they?

I am doing all I possibly can when I am not working to sort this out but is falling on deaf ears by all involved.

Seriously annoyed

System

Sorry you're having so much trouble with this. As others have said, you should send a letter by recorded delivery - email and phone isn't always enough. Personally I would send a letter to each of the three companies informing them that this isn't your debt (as agreed by Wonga) and that you will make a formal complaint if they continue to contact you. If any of them does so again after receiving your letter, follow through and report them. This might not be neccessary, but it's what I would do in your situation.

magpiecottage

It took me a bit of tracking down but I put a template letter on this thread a couple of years ago.

The rules have updated this year. The new rules are here.

You seem to have lots of grounds for complaint including breaches of rules 3.9a, 3.9i, 3.9j and 3.9k.

Complain to Wonga.com (send to 88 Crawford Street, London, W1H 2EJ ) AND both DCAs.

Send each letter by snail mail. No need for Recorded Delivery but get proof of posting (free from the Post Office). If you get no response, or it is ignored, FOS will deem this proof of posting 2 working days later if sent first class (i.e. POP dated Tuesday, deemed delivery Friday).

They have 8 weeks to respond but if after about 2 weeks they are still pursuing you, deem that to be their response and go to FOS.

In the circumstances, I think anything less than £100 compensation for distress and inconvience would be inappropriate. If you do not get it, take them to FOS - it will be free for you (apart from a stamp) but will cost them £500.

Dan1el_2

I have finally recieved a reply from Wonga this evening which I will paste below.
Wonga have said they 'attempted' to contact the debt company but have had no response.

I have had no response either! They go on to say they are happy to discuss it with the debt company if I pass on the number Wonga gave me.

Bloo** joke this is!

Here is the email.

Thanks for your email. As per your discussion with ****** we can re-iterate that this debt is not one that you are liable for, as your personal details do not match what we have for our account holder.

Unfortunately as the debt has been passed over to a debt collection agency we cannot control the actions of the debt collection. We have attempted to contact the company in question but have had no repsonse and as they are now in charge of the collection of this debt we can only provide them with advice around who is liable for this and they then choose how to proceed.

We apologise that this is affecting you but we have attempted to resolve this matter to the best of our abilities but as we no longer own the debt it is at the debt collection agencies discretion about how they pursue this debt.

We are more than happy to discuss this with them should you wish to provide them with our collections departments contact number of 0844 842 9109.

Dan1el_2

Thanks x-caitlin-x and magpiecottage

magpiecottage

Dan1el wrote: »

Unfortunately as the debt has been passed over to a debt collection agency we cannot control the actions of the debt collection. We have attempted to contact the company in question but have had no repsonse and as they are now in charge of the collection of this debt we can only provide them with advice around who is liable for this and they then choose how to proceed.

Rubbish, the "Agent" bit of Debt Collection Agent means they are acting for Wonga so they have responsibility for their actions.

E-mail back to Wonga telling them that you want the matter treated as a complaint in accordance with the Consumer Credit Act 2006.

Send the letter to Red Castle Recoveries to:

Gothia Limited, trading as Red Castle Recoveries
Ridgeworth House, Liverpool Gardens, Worthing, West Sussex BN11 1RS, or e-mail it to enquiries@gothia.co.uk

I know Liverpool Gardens in Worthing and I suspect this is their Solicitors' office.

E-mail will be good because if you do it tonight it will be deemed to have arrived tomorrow. They then have 8 weeks from tomorrow to get a response into the post to you.

Dan1el_2

Thanks for your help and advice magpiecottage,

I have just found that the recent letter I received was from the same group, I think, as Red Castle Recoveries.

They are called Resolution Legal Services.

They also mention in the letter they will contact me to arrange a date and time to visit me to discuss a suitable repayment arrangement.

Maybe I should waste their time and arrange a date with them. I can then give them a piece of my mind!

fatbelly

From the OFT guidelines Magpie linked to earlier:

Licensees' responsibility for third parties

2.4 If licensees (or those operating under cover of an appropriate group licence) choose to do business (or continue to do business) with third parties whose conduct is inconsistent with fitness to hold a licence, then their own fitness may be called into question.

2.5 'Licensed businesses' can not ignore the unfair or improper practices of others instructing them or acting on their behalf. It is not for the OFT to be prescriptive as to how choices about third party selection are made. However, we would expect to see that care has been taken in the selection process, complaints about such third parties are properly investigated, and that effective action is taken as necessary to ensure that similar problems do not recur.

2.6 Similarly, licensees must ensure that third parties with which they do business are appropriately licensed to engage in any licensable activities undertaken in the course of their business.

magpiecottage

Dan1el wrote: »

Maybe I should waste their time and arrange a date with them. I can then give them a piece of my mind!

The complaint will waste considerably more of their time and will also cost them £500 if you go to FOS!

What's more, you are likely to make a few bob out of them AND to dissuade them from doing this to somebody else.