Chased for debt but they have the wrong name

Madeamess

Hi all,

I've been reading the forum for ages and finally admitted that tha I have a debt problem. And it's messy. Over £40k and in the passed few months I've admitted it to my partner and he's been amazing and helping me to wipe it out. I'm truely lucky for that, because it's gonna set back a few of his plans for us (houses, holidays etc) when it's something I created and not him.

MY QUESTION is something I can't find an answer to on here, though.

I have a debt collection agency sending letters to my new address for a debt that I do owe, but they are sending it in the wrong name. They must have some correct details because they've found my new address but they are sending it in the wrong name.

Can I be held to something that isn't in my name (but is my debt)? (I know some people will say that I should pay up, but with £40k+ in debt I want a quick win.)

I'm desperate to sort my mess out. Can anyone help?

Tixy

In terms of it being a wrong name - is it a misspelling of your actual name? or a similar error such as your middle name and surname but not first name?
Or another name you have gone by in the past?

Or is it a name that is nothing to do with you? and you've never used at all?

If its not a name you know at all then it could possibly be a debt collector 'trick' to try to get you to contact them and tell them nobody of that name lives there and then to try to get you to give them your real name - and bingo then they start chasing you.

You say you know its your debt - presumably thats by an account number/ reference number rather than just that you know you do owe a similar amount to the creditor they mention?

Madeamess

The first name is incorrect but the surname spot on. (common surname).

They've sent it to a new address and say Experian gave my details. Can they legally demand it if they have the wrong name (I mean, do I HAVE to pay or can I be super cheeky and get out of it? It's about £130 and I owe over £40k)

[Deleted User]

typos rarely get you out of jail free

amyloofoo

If you know it's yours then I suspect it will catch up to you eventually. Are they adding fees / interest? If so then you might do better to own up to it now and arrange repayments rather than waiting and ending up paying more.

endora

Madeamess wrote: »

The first name is incorrect but the surname spot on. (common surname).

They've sent it to a new address and say Experian gave my details. Can they legally demand it if they have the wrong name (I mean, do I HAVE to pay or can I be super cheeky and get out of it? It's about £130 and I owe over £40k)

You mention £28k from home repo. Unfortunately the Statute of Limitations on mortgage shortfalls is 12 years rather than the usual 6 so unless you can *hide* for 12 years it will be hard to get out of it. However, you can't be expected to pay more than what you can afford. If the debt is only yours and not your future hubby's he is under no obligation to pay anything and frankly it wouldn't fair on him to have to pay for this. I'd be looking at making an affordable payment arrangement based on your income alone, if all you can afford is £1/month then be it.

You could send out CCA requests for your credit cards to see if they are enforceable. These will be SBd after 6 years without payment or written acknowledgment.