Hassled for someone else's debt

happyformonths

Dear all,

I've read (skimmed...) the OFT guidance above and it's really helpful, but I really just need some quick and dirty advice (not too dirty!) about what to do.

I'm being hassled by post by Westcot and now a couple of other companies all claiming I owe T-Mobile about £800. I've never had any dealings with T-Mobile, no debts to mobile companies at all, and this is definitely not my debt.

After the first few letters (I was abroad and having my post forwarded in chunks), I phoned Westcot and explained. "Nathan" accepted it was not my debt and said the account would be put on hold while they told T-Mobile that I was not the correct Madame X (erm - not my real name...). He said they would just have written to all Madame Xs they could find, hoping to score the right one (clearly an improper practice according to the OFT). And he accepted I was not the right one. I made him assure me that there would be no more contact. Anyway they have continued to write to me and now I'm getting letters from other debt-collectors threatening doorstep visits (which I know is tosh, but it's really not a nice letter to open in the morning), and from a solicitor, all "fishing".

What do I do? Do I contact T-Mobile? My other half says ring T-Mobile and threaten to sue their a$$ if they won't stop harrassing me, but I fear they'll just say "not our problem any more".

Thanks in advance for any advice.

camuk81

I believe you need to send a prove it letter. Make sure its recorded delivery do not sign it and wait for them to respond.

Personally I'd be tempted to phone T mobile. however having not dealt with this myself hang on for a bit latter when one of the experts come along and triple check what I've said is right

Just to forewarn you have to be aware you may need to look at your file after this has all been settled to make sure this does not affect your rating with all 3 agencies.

dancingfairy

I'd be tempted to write a stern complaint letter, pointing out that it's against OFT guidelines to chase someone who they know is not the debtor. POint out that you phoned and spoke to Nathan on such and such a date and if you ever hear from them again you'll report them to the OFT (for this and any other breaches you can pin on them).
Furthermore I'd also get hold of your 3 credit files and double, triple check them. I wouldn't put it past some of the agencies once they find someone, anyone to try and put dodgy info on their credit files which could have caused all the others to come after you.
df

fatbelly

The other option is (to quote your OH) to sue their a$$ !

http://forums.moneysavingexpert.com/showpost.php?p=45916805&postcount=7

talana

Personally I would send them the prove-it letter (always letter not by phone).
Then it's in their court. You say you're being hassled, but it's all by letter isn't it? Any more, just ignore them, chuck them in the bin.
And if they phone you, just hang up. Don't start a conversation.

Problem solved, they'll soon get the message.

happyformonths

Thanks everyone.

Interestingly, Westcot haven't bothered to phone me even though they know my number from when I phoned them. I guess they're just chancing it by continuing to spew out automated letters. What I don't understand is why other organisations are also writing to me at the same time. Presumably this is T-mobile setting several dogs on the case? I don't know much about how it works.

Anyway, I'll send that prove-it letter to everyone who's written to me and copy it to T-mobile. I would contact T-mobile tomorrow but since I can't actually get their support pages to load up in any of the three different browsers I've tried (they're just blank - ??) I'm not getting very far with that plan ...

Thanks again.

happyformonths

Update: I went to the police this morning after speaking to another of the chasing debt collectors (SRJ) who refused to accept the debt wasn't mine without a crime number.

The police were great (although I was there for 2 hours) and even phoned Westcot and T-mobile then and there for me. I think I'll still send "prove it" letters too, but now I have a crime number to make my letter stronger.

Luckily the account seems to be attached to an address I moved out of several years ago so I have some pretty strong proof I'm not the one they're looking for. So difficult to "prove a negative"!

In the meantime I've spent about 5 hours of my time (I'm self-employed) and the cost of stamps, long phone calls, etc. I am considering complaining to T-mobile as I believe they must have been negligent in giving this person a contract without making them properly prove their ID. I'm not a litigious person but I just know I'll feel better after writing a stiff letter, and they need to know they should tighten up their systems.

Anyway this is now becoming totally irrelevant to this board - sorry! I just thought you guys would be the experts in how to deal with the evildoers.

zhongguonuren

Not able to quote as new poster but in the same position

fatbelly - did the DCA make any attempt to defend the claim or settle out of court?

Many thanks