Help with possible scam

Pudders

Hi,

Sorry if this is the wrong place to post.

My Fiancee has just recevied two letters from a debt recovery comany saying that she owes two amounts for two online catalogue shops - JD Williams & Fashion World (these are one and the same company).

She has never opened an account with these people and it looks like she has had her details scammed by someone.

We are currently talking to the debt recovery people on the phone (or rather she is) and just want to know if anyone else had had similar or can advise best what to do.

Pudders

maninthestreet

Make sure your fiancee puts in writing to the Debt Recovery firm that she does not acknowledge these debts, and requires the DR firm to provide written documentary proof that these debts exist, and relate to her.
It is possible these debts have been run up by someone else with the same name as your fiancee, and the DR firm has used the electoral register to track this person down, and found your fiancee this way.
Many of these DR firms are very pushy, using bullying and threats to try to make people pay up - I would strongly suggest dealing with them in writing only.

Pudders

The debt we have since found out was registered to her at her old address.....but the debt was racked up after she sold the house. So it looks like some junk mail has come through for her at her old address and the person living in the house has scammed her name.

Fruitcake

OK, so you now know for certain that there is no debt owed. Do exactly what maninthestreet said.

"Make sure your fiancee puts in writing to the Debt Recovery firm that she does not acknowledge these debts, and requires the DR firm to provide written documentary proof that these debts exist, and relate to her."

Do this once and once only.

Do not contact them by 'phone.

If they contact you/her by 'phone tell them you will only deal with them in writing. Say it over and over again no matter what they say. Keep copies of everything whether from or to you/her. If they come to your door, say the same thing and that you/she does not acknowledge the debt. Say it over and over again. Do not open the door to them as this can be seen as an invitation to enter, especially if they are Bailiffs.

Since there is no debt they will not be able to provide any written proof. Anything they do provide will be fraudulent, either by them or the person from your her old address. In that case, report it to the police.

If they persist, it is harressment and illegal. Write and tell them to stop or you will take legal action. If they still persist, take them to court. You will win. There are other MSEs who will be better placed to advise you on that route should it be necessary.

Good Luck

Fruitcake
You Only Listen To Me When I'm Wrong

maninthestreet

Note that a DR firm are NOT Bailiffs - the latter are appointed by a Court to recover a debt, once that debt has been proven in court, and a court order issued for the payment of the debt. Anybody turning up on your doorstep demanding payment without a court order may well be committing a criminal offence.

Pudders

HI,

Thanks for the info - it is appreciated.

I have spent nearly all day orting this out. I pulled her credit report from experion and it had a ton of stuff on thre that was racked up by people in her old place....including a CCJ from a NEXT account.

All the DR companies have been ok and said as long as we can prove that she wasnt living there at the time the accounts were set up then the debts would be more than likley quashed. All these accounts were opend by various people over a 6 month period after she had sold the house so fingers crossed!!

To note. Her old house is in a rough part of town and the guy that bought it had only intentions of leasing it out... we may be able to get tennant info from him but thats another avenue afterwards.

My main concern in all this is what if other people (tennants) that move into her house obtain her details via junk mail and decide to try the same thing??!! I mean....there must be a system that once a house is sold that that person is detactched from that house and that if someone else tried to apply for credit in her name and old address, that it would flag up somewhere!!

We feel totally violated in all this and for this to happen so easily is very very scary!! registering with TPS is a start but it certainly doesnt kill all junk mail as we believe this is the cause. We ae very very careful with destroying documents but now have to be more vigilant.

If anyone has anymore info in other services you can register with to reduce the threat of ID fraud then please let me know.

And all this happening on Valentines Day.... what a crap day!! ho hum

Thanks again all - Pudders

CuddlyGorilla

Wow, serious stuff and frightening too. I can only suggest (now after the event for you, sorry) that anyone moving home makes sure they contact the Post Office and arrange to get their mail redirected, effective date of move. Easy to set up, any Post Office can advise. Post Offices can also hold your mail for you while you're away.

It might still be possible to get them to divert any further mail going to the old address, so contact them as soon as convenient - explaining the current difficulties might assist if you need to add weight to your request.

Regards

G

Caroline2CV

Pudders wrote:

All the DR companies have been ok and said as long as we can prove that she wasnt living there at the time the accounts were set up then the debts would be more than likley quashed.

To prove to the DR companies that she was elsewhere (at time A/c's were set up) if she has a utility bill in her name with an appropriate date (may need to get a copy) and a letter from her landlord/mortgage provider it is likely they will accept (check 1st) them faxed over.

Citzen's Advice B's have their own website but if you need to go check their opening hours and be there extra early.

Thinking of you.

Rex_Mundi

Have a read of THIS SITE. It is full of some very interesting, and very useful advice when dealing with creditors.

Martin has also done a thread dealing with this exact subject. His post includes a template letter you can use in this situation.

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

oz4725

Caroline2CV wrote:

To prove to the DR companies that she was elsewhere (at time A/c's were set up) if she has a utility bill in her name with an appropriate date (may need to get a copy) and a letter from her landlord/mortgage provider it is likely they will accept (check 1st) them faxed over.

Citzen's Advice B's have their own website but if you need to go check their opening hours and be there extra early.

Thinking of you.

You dont have to prove anything to a Debt Collection Agency. The only thing that needs proving is the legality of the debt. Under the Consumer Credit Act you can write to the company who say that you are a debtor and request a copy of the original signed credit agreement. It must be the original agreement and it must be your sig and a company rep sig too.

They have 12 working days to provide this. If they dont the debt becomes unenforcable in law. After a further 30 days if they have still not sent you a copy then they have committed a criminal offence and can be fined £2500 and/or a 6 month sentence.

Once they send you your copy you will be able to see if its your signiture. If its not, down to the police station and report a fraudulent crime and report all this to the DCA. I assure you that a DCA will not chase a debt that is being investigated by the police.

ailuro2

There's a lot to be said for signing up to the mail sorting lists that prevent companies sending junk mail of this nature to your house.I did it and am pleased to say I've had nothing from any catalogues, insurers etc.since I did it.

For anyone about to move home- Royal Mail can redirect all your mail from an old address to your new one for a fee.