Had demands for debts that aren't yours? Template letter to send

karenj

Hi there

Might not be on the same lines, but my OH keeps getting demands from the London Borough of Newham for unpaid fines for illegal parking. Thing is, the registration number of the vehicle is one that he part exchanged in August 2004! The DVLA have written to us to confirm that their records show that he has not been the registered keeper of the vehicle since August 2004, but they still keep insisting that he pay the fine! Seeing as though we have been abroad for the past 18 months, and the alleged offence took place in August 2006, then how on earth can they do this? Not only that, if the DVLA still had it on record that the vehicle belonged to him, he would have received regular reminders about tax due on the vehicle and he has not had ONE since the car was sold. I'm getting fed up of this, as it is frustrating being abroad and not being able to act instantly. Any suggestions??

karenj

Forgot to mention that I did send them an email when I was in the UK and they said they would aim to respond within 48 hours - that was in early December 2006 and I'm still waiting. Good job I didn't hold my breath! Since then, my OH has had 2 further demands from them which we are waiting to be posted to him here so we can respond by mail.

medical154

Following on from what has been written above specifically in relation to receiving mail or debts that are not even addressed to you, i too was in the same position and took legal advice from a friend. Having written a letter as advised, i have not received any letters from the two debt collection agencies concerned (Equita bailiffs and Robinson/Way/someone else).

Send the letter registered and correct for your personal circumstances. Consider writing to the origonal organisation to whom the money is actually owed (as is threatened at the end of the letter), and make sure the debtor's name is not on things like the electoral role - you need to show that you have taken all reasonable steps to stop their mail coming to you.

To Whom It May Concern

Re: [debtor' name and reference number]

I write in regards to mail being sent by you to my property, addressed to the above named person. I have previously always just reposted such mail unopened, stating on the envelope that this person does not live here. Recently I opened one letter and wrote this fact on the letter itself before forwarding it back to you. However, I am still receiving such letters and thus now formally write to you to clarify any misunderstanding.

[Debtor] was/may hve been or never has been a resident of [your property address]. However, [debtor] stopped being so in [date] and accordingly I am unable to provide you with any information as to their present whereabouts.

I have attempted to register the fact that [debtor] no longer has any connection with my property. I succeeded in doing this with the electoral roll and Mail Preference Service, and have further been in contact with all of the major credit agencies - Experian, Equifax and CallCredit. However all of these instructed me that there was no provision whereby I could make such a registration since I have no financial relationship with [debtor].

Following on from the fact that no such relationship exists, I wish to make it clear that [debtor] has neither any legal, nor equitable, right, entitlement or interest whatsoever, in any of the chattels or fixtures (or other items) at my property. Accordingly, legal redress will be sought for any misappropriation of goods from my property, as has been threatened in your letters.

I appreciate that the content and number of your letters are intended to be read by the debtor, and encourage them to pay. However, I hope that having read the above, you will appreciate that further letters from yourself will not be read by the debtor, clog up my mailbox, and cause unnecessary alarm to future tenants. Accordingly I hope that you will amend your records and stop sending letters to my property. If letters continue to be received, I will certainly present this letter (with proof of it being sent by registered post) to your regulatory bodies. Further, the same will also be presented to the party on whose behalf you act as an indication of your efforts to recover their debt being little more than sending mail to a property of which you have been informed that the debtor no longer resides.

Thank you for your cooperation.

Yours faithully,

master_of_puppets

thank god for this thread!
we have been getting 'pay up or else' letters from 2 agencies-major stress and sleepless nights- how could we prove these are not our debts!!!
-now i can sleep, they can stick their letters where the sun don't shine!!!
i've saved the template in word ready for the next letter!!!!!

walrrrus

kele16v wrote:

Dear Sir/ Madam

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under the Limitation Act 1980 Section 5...

I had a debt collection letter sent to me and used a letter similar to the one above, sent it to the company concerned and never heard from them again - no acknowledgement, nothing. It doesn't help that they do not contact you again to let you know that they are no longer pursuing the claim with yourself!

It may also be prudent to add the words "WITHOUT PREJUDICE" (in capital letters, on its own line) - it means that if the debt does turn out to be yours and the debt collection company takes you to court to get the money then they can't use anything you put in the letter against you.

cajef

karenj wrote:

Might not be on the same lines, but my OH keeps getting demands from the London Borough of Newham for unpaid fines for illegal parking. Thing is, the registration number of the vehicle is one that he part exchanged in August Any suggestions??

I had a similar problem when someone cloned my vehicle registration number, I received demands from several London councils despite living over 200 miles away and having never been near London. When I queried these I was informed that I was the registered owner of the vehicle from details provided to them by the DVLA, so one must assume that the DVLA have given your OH as the keeper, how else would they have got your name and address.

For the record I did manage to get the tickets rescinded but it took several letters and fortunately I was able to prove that although the registration number was mine, the make and model of the car was completely different on the tickets to my vehicle. The only way I managed to stop it was by getting the DVLA to issue a new registration number for my car.

splasha

I've also been contacted last year in April (soz can't remeber the name of the company) and again in December also by Buchanan Clark & Wells, . I sent letters both times to the companies disputing the debt. If i ever hear from them again i'll use the template letter, many thanks to this thread

sufyaank

In the past year, I have been chased by CapQuest (you have received a 'Telogram' letter arriving in the post) as well as Wescott at two different addresses for two separate loans I allegedly own but clearly are nothing to do with me. Unfortunately both letters were in my name which was very disconcertng. Fortunately I got CapQuest off my back with the help of Hampshire Fair Trading, I'm currently in the process of trying to repeat this with the Surrey office for Wescott, fingers crossed. I used similar letters to the ones mentioned here not really to much success I have to say, it only served to delay things (or do absolutely noting in terms of CapQuest). The OFT seem the best way forward.

Without revelaing too much, I have some suspicions about why I am being chased and I'm trying to see if it could be true. Just out of interest if this has happened to you, did you ever receive mortgage advice from an "independent" advisor not long before being chased, specifically mortage advice you decided not to listen to or purchase ....


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Suf

Grizzly2006

cello57 wrote:

My wife has been receiving letters from a company called Buchanan Clark and Wells regarding a debt for 217.79 that we do not recall - meaning that it is either not hers or is well beyond the statute of 6 years.

They are very insistent, and have also caused letters to be sent from a genuine solicitor (Geoffrey Parker Bourne) even though we have sent a version of the template letter to both of the companies involved. They are now calling us to arrange a 'visitation' (their word) by a Debt Investigation Officer.

'Bring them on' is my answer. If these people want to waste their time with me then fine. But it does worry me how these bullying tactics would affect someone less aware.

This subject needs much wider publicity.

Dont take these guys lightly. We had dealings with them 3 or 4 years ago. They told us we owed 4800 pounds. There practices were very "strong arm". We won but had to pay 4500 in legal fees. They will use very creative ways to put pressure on. I suggest you get along to the CAB as soon as possible.

OXO_2

Received a letter a couple of days ago from CAPQUEST to say that I owed £193.57 to Littlewoods Finance Co.

Telephoned CAPQUEST to see what it was and was told that it related to an apparent 'debt' from years ago. They suggested that I write to them and ask for more information on the debt.

Then yesterday I received another letter saying that a C.E.O. (Bailiff) would be coming to collect the money as I hadn't chosen to deal with the matter!

Out of interest I looked back through an EQUIFAX Credit Report I had from July 2004 and it lists a Littlewoods Account (same Acc. No.) that has the Start Date as Dec 1997, Status as 'settled', Date Satisfied as Feb 2001 and Date Updated as Aug 2001.

I also have an EXPERIAN Credit Report from October 2004 and this doesn't even list or have any reference to Littlewoods.

Should I just send them the "Standard Template" letter or should I elaborate and show that there is no 'debt'?

Can the EQUIFAX report be included as 'proof' that there is no debt?