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

never_waz

Kajef and Carenj - I can thoroughly relate to your problems. I live in Wigan, and over the last 2 years have received 6 un paid parking fines from various boroughs around London. My car is a Ford Focus, yet the vehicle displaying my plate is always a white Iveco van :mad: (I don't understand why they don't check the vehicles out on the Police National Computer - then the ticketing idiots would realise that the vehicle they had in frony of them was not mine, and probably not legit either. It could well save them time, and also stop some illegal driver).
The annoying part is having to contact the companies and use my phone bill to negate something that isn't mine - the last ones even wanted a copy of the log book to prove my innocence! Need some way to be re-compensed I think!!
I tried DVLA, but not had a whole lot of joy - juast said they would note the problems on my file!

cajef

never_waz wrote:

I tried DVLA, but not had a whole lot of joy - juast said they would note the problems on my file!

I had that reply from the DVLA initially, I phoned them and insisted I talked to a supervisor, when I explained the problem fully to them, she agreed to re-register the car with a new registration number and V5C document, they took the old one out of the system so it could not be re-issued, the only expense I had was for the new plates. The other option I thought of at the time was to buy a personalised number but why should you have to spend that sort of money for something that is not your fault.

The car was only six months old, I had bought it brand new, the make was a Honda the tickets had been put on a Vauxhall Vectra, though the registration was the same as mine. The police while sympathetic more or less said tough, we cannot go searching the country for a cloned car.

d31b0y

I have had 2 of these situations now.

The first was last year A&L -> Cap Quest, it was an old loan that was paid off around 5-6 years ago and i had proof of that, I rang CapQuest told them it was paid off I had the proof and to tell A&L to check thier accounts. months later I got an apology letter from A&L, nothing from CapQuest.

The latest is Amex > Buchanan Clark + Wells, same thing this was also paid off around the same time 5 years ago, this one is still on going have received a 2nd letter from BCW this week.

Now here is my take on this, and it is only relevant to situations where you don't owe the money, it is obvious that the lenders are selling these old accounts before the 6 year limitation rather than correct the accounting errors.

The collectors are paying small amounts to buy the debt, then again small amounts to send threatening letters and make phone calls, the practice has a low cost to them and they obviously get enough positive hits to make it worthwhile.

While I understand the response of sending the letter posted here and the legal arguments, I think that if you are in the right then you shouldn't be doing thier job for them by sending this letter, ringing them up and so on. It is just hassle and cost for you and it means that if they buy a debt for Mr R Jones and send out letters to every Mr R Jones on the electoral role then they get a whole bunch of R Jones sending £1 cheques in the post and a whole bunch of people ringing thier 0870 numbers and covering thier costs to eventually find the correct R Jones.

I have decided, since I have the proof, that BCW can take a hike, I am ignoring thier letters, the worst case i can see is that they apply for a CCJ in which case I submit my proof to the court and its the end of the matter.

I think if everyone did this then the whole business model would break down, its costs money to send letters and even more to apply for a CCJ, and they get none of it back unless they can prove the case.

As for situations where you do own the money then clearly avoiding the CCJ is your best option but perhaps by following the procedure of sending them this proof letter and denying knowledge you might be able to string it out past the 6 year limit, but if not you should come to an agreement rather than get a CCJ if possible but from what i understand though, in most cases these collectors don't have the proof anyway.

But my message to all those who don't owe these people money, do nothing, ignore them, they will either go away or you'll end up costing them the CCJ costs which are not insignificant amounts.

John_Pierpoint

Can we have a lawyer please to comment on this ?

I have a feeling that if you acknowledge in anyway a debt, the six years starts all over again ? (keep schtum or pretend to be someonelse?)

John

mikemundy

Twice I have received demands from collection agencies for amounts that I did not owe.

My written response advised them of the fact, but I also told them that should I receive further correspondence from them, there would be a £25 administration charge for each reply, which would be invoiced and enforced through the small claims court, if necessary.

I have never heard anything more from either of them.

theboylightning

Oh dear. Thanks

AMILLIONDOLLARS wrote:

Theboylightining

If the debt wasnt yours, you shouldn't have paid up. You should have asked them to prove that the debt was yours. I am afraid that as you have now settled the debt there is no chance of you getting your money back.

AMD

sjs2007

Hello, does anyone know and can tell me the address of AKTIV KAPITAL so that i can send them one of those template letters which ive seen on here please? The letter i received is from DEBT MANAGERS LTD. And they have asked me to contact AKTIV KAPITAL but they hadnt got their address or contact number.Thankyou.

rsykes2000

sjs2007 wrote:

Hello, does anyone know and can tell me the address of AKTIV KAPITAL so that i can send them one of those template letters which ive seen on here please? The letter i received is from DEBT MANAGERS LTD. And they have asked me to contact AKTIV KAPITAL but they hadnt got their address or contact number.Thankyou.

From a gogle search for Aktiv Kapital:

Aktiv Kapital (UK) Ltd.,
Merchants House,
Hamilton Place,
CHESTER
CH1 2BE

Their website : http://www.aktivkapital.co.uk/

Make sure you do everything in writing and keep copies, send by Recorded Delivery as well so it can be shown the letter was delivered.

sjs2007

Many thanks rsykes2000, good idea about the recorded delivery i didnt think of that,cheers from sjs2007

nappentass

My DP received a collection agency letter for an account he's never held this morning.
So we'll get onto it with the letter and thanks for all the great advise.

Jill