Debt collection company chasing me for Debt I didn't do.

nottoolate

I do not acknowledge any debt to you or any other company or organisation that you claim to be representing.

Dear Sir/Madam

Reference number :

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that we have no knowledge of any such debt being owed to <creditor>.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

This account appears to be a case of identity theft.

This has been reported to actionfraud, and the crime reference number is.

Crime/ref number -

Should you continue to pursue a fraudulent account then you will be reported for harrasment and breaches of oft guidelines.

We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

I would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that "it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period".

Furthermore that the OFT Debt Collection Guidance states further that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970".

We would ask that no further contact be made concerning the above accounts unless you can provide evidence of both:

(1) proof of my liability regarding this debt.

This will not be possible, as this is a case of ID theft. As you are well aware.

and

(2) payment or written contact from me in the relevant period under Section 5 of the Limitation Act.

Again this will not be possible as the debt was never mine.

We await your written confirmation that this matter is now closed.

Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I look forward to your reply.

Yours faithfully

James1978

Thank you very much for taking the time to help me. Much appreciated. Cheers James

vax2002

Its a franchise name use operation, they are "EOS solutions", you are reading spin about the franchise company "EOS group". Please do read things carefully and stop trying to frighten the OP.
Why would a company with 8500 "employees" need to use a mail box drop business park address ?

The OP, Yes they will try to dump someone elses debt upon you, cause a huge mystery and ask you to sort it out.
Why should you.
They either have a signed credit agreement or they dont, it really is that simple, I would say they do or how do they know it exists, the fact they dont want to show you it shouts from the roof tops they are trying it on.
If they produce one with a fake signature then the company involved are the victims of a fraud, not you.
Make it very clear that the train stops at this station, the credit agreement is the ticket, no ticket no ride !
And if you do write letters like written above for Christs sake do not sign anything, if they get a copy of your signature the trouble will really start.

nottoolate

because most collection companies do

http://www.eos-solutions.uk.com/en/the-company/management-team/

funny people to be working out of a "bedroom". do your research

http://www.eos-solutions.com/services/receivables-management/debt-collection/

http://www.csa-uk.com/uk-members-list/details/2/eos-solutions-uk-plc

James1978 wrote: »

Thank you very much for taking the time to help me. Much appreciated. Cheers James

no problem

write. tel them it is id fraud. tell them it is statute barred. keep a copy of what you sent

then if they cause more hassle they cant deny that you told them. they cant deny that they were aware

James1978

Thanks for the advice. I spoke to action fraud and they are happy to help. They have heard of EOS Solutions and the questions they asked me were standard questions I was told. I've been told by Actionfraud they will supply a police reference number and are happy to assist with what I need to do to shut this matter down. Going to get the transaction details from the catalogue firm or EOS and then report it with all the information.

However I'm not going to supply any signatures or get into conversations now as appreciate the advice given, best be cautious.

mightyjoe

This is my experience. Back in 2004-2006 I was a victim of ID Fraud.
When I reported it to the police they said they couldnt do anything. The reason being is because even though the debt is in your name the people who have been a victim is the finance company. So they have to make a complaint. I then went back to the police in 2009 and they gave me a crime reference number. I gave the police all the details to what I believed had happened.

I am glad I did this anyway because more fraudulent debts tracked me down even though they were not mine. When I reported the fraud to the finance company or debt collectors the first thing they ask is did you report it to the police.

Report it to the police because you can then pay £10 to the data act police department and they will give you a copy of a full crime report. Any more debt arise and you just send a copy of this police report and most debt collectors will back off. Some debt collectors will still try and they really get annoying. But then you can just use the police report and give a copy to the ICO and they can force the debt collectors to remove the defaults.

Other useful factors is to try and get a copy of bills to show you were not living at the property at the time. Council tax bills are usually best followed by bank statements etc. Never send debt collectors originals.

DEFIANTLY GO TO THE POLICE. Just tell them you want to report it and get a crime reference number. Ask them for an application form so you can get a copy of what they have written and this is great but can take up to 10 weeks. If the police start to refuse you a crime reference number just explain to them you need to show its been reported by you so you have a crime reference number for the debt collectors as they need this.

James1978

Thanks for the info. I'm also trying tomget a credit report for £2 but trying to find it on these experian, etc is difficult as they appear to want you to sign up to their 'free' trial, which I don't want to do.

DVardysShadow

James1978 wrote: »

Thanks for the info. I'm also trying tomget a credit report for £2 but trying to find it on these experian, etc is difficult as they appear to want you to sign up to their 'free' trial, which I don't want to do.

It is well hidden. Try http://www.uat.uk.experian.com/consumer/statutory-report.html. Google phrase "experian £2 report"

James1978

Thank you.

James1978

Well I've spoken directly to the fraud dept at the firm I supposedly bought good from. Date of purchase is outside when I lived at property and they have agreed to get the debt cancelled with me and get back from debt collectors. I spoke to action fraud who provided reference number, which also helped. Thanks everyone who offered help and advice.