drydensfairfax solicitors letter

amyloofoo

TurnerK wrote: »

Thanks for your reply Amy, if it was identity fraud wouldn't I have had bills or something coming to my house? What would be the worst that this company can do? Issue a CCJ?

I only got bills years later, after it had been passed to DCAs, but I suspect it would show on your credit report sooner so don't get too worried about it.

I'm not sure what the worst this company could do is, but they can only do anything (other than annoy you) if, when you challenge them, they can prove the debt's yours.

Also, your earlier posts said it might be something statute barred - if so then there's very little that they can do other than try to intimidate you into paying up.

Without knowing the specifics of it there's not a lot more you can do really. Contact them, by letter, to ask what the debt is and to get them to prove it's yours and it's not statute barred. At least then you'll know if it really is something to be concerned about or just a case of mistaken identity / DCAs trying it on.

If it does turn out to be something you legitimately owe then there's nothing to stop you going back to your original plan of offering a repayment plan.

Btw, the advice I've given is just what I've picked up from being a member here. There are others who are much more knowledgable around - I'm sure they'll be along shortly

MargB

Send them the 'Prove it' letter as the onus is on them to show its your debt.
The advice I've picked up from posters on this site is DO NOT sign the letter (as some unscruplulous companies have used this to show you signed an 'original agreement', if you see what I mean) and send it recorded delivery....so they can't say they did not get it.
Keep a copy of everything you send them. Only every talk to them via letter. Never phone them as they will then harass you non-stop with calls.
If they do keep pestering you, there are other letters that can be sent and there is the option of complaining to the powers that be as well.
HTH

DVardysShadow

TurnerK wrote: »

.... Should I just call them and offer them so much a month repayment?

If the debt is yours, then this might be a way forward.

But if it is not your debt, then it would be the most foolish thing to do. Not only will they harass you to death from that point on, if it was ID theft, then they might find some more similar debts and pin those on you too.

Gordon_Hose

Send them the prove it letter fermi linked to.

If they are using words like "may" they are not confident they can secure any sort of court order, so don't worry about it.

TurnerK

Thanks guys, I'll send that letter and see what happens.

TurnerK

Hi guys, I sent the letter and got a reply saying they were going to contact their client and until they heard back the matter was on hold. I have received another letter from them now saying that in order to resolve the account they are prepared to offer a significant discount to clear the balance, but I have to call them within 10 days or the offer will be withdrawn. This makes me think that they have no documentation to prove I owe this money or they wouldnt offer me a discount would they? Let me know what you think.

fermi

Does sound like absolute last ditch desperation on their part.

If it's not your debt, then you will eventually get a 100% discount.

DVardysShadow

TurnerK wrote: »

]This makes me think that they have no documentation to prove I owe this money or they wouldnt offer me a discount would they? Let me know what you think.

I think it is bait. If you bite, they will draw the conclusion that the debt is yours and use various DCA tricks to renege on the settlement

TurnerK

I have no intention of calling them, I actually sent them another letter last week asking for documentation of both of the accounts they claim I owe money to. I made it clear in my letter that I do not owe this money and there is no sign of it on my credit report. Thanks everyone for your continued help in this matter.

bargainbetty

If they haven't responded within the time frame allowed, then they are stuffed. If they try again, send them a complaint letter stating they have failed to comply with the legal requirements to prove that the debt is yours (which it isn't). If they continue to harass you or pass your details on in the full knowledge that the debt is not yours and cannot legally be claimed from you, then you will report them to the OFT on grounds of fraud and harassment.

Again, no signatures.

Good luck