please help me! going out of my mind!

a7x4369

FireWyrm wrote: »

They must be able to prove (at the least) a statement of account naming you at your address showing what payments were made and what is therefore outstanding which makes the debt.

You cannot be held liable for a debt which is not in your name, not at your address or which you do not recognise.

You are going to have to do some leg work yourself here. You need to write to them telling them that this debt is not recognised, that you have no idea what they are talking about and if they cannot produce suitable evidence that you are the person they should be pursuing, you will report them to the OFT. Until then, you have no intention of doing anything they demand, you will not engage with them on the telephone and all further correspondance on this subject will be in writing.

it's that simple.

Thank you! Do they have a time limit in which they need to produce these 'statements' the letter i have just received from them they claim they dont have to do anything in any amount of time so in other words they could send me them in a years time and that would be perfectly ok!...??

FireWyrm

A reasonable request would be within 21 working days. That's a month and quite long enough for your purposes. However, I would go along the route that you have no knowledge of this debt and therefore no inclination to co-operate any further with their intrusive and threatening behaviour. They cannot enforce a debt that they cannot prove categorically belongs to you, otherwise, they could just pick any name and address out of the electoral register to pin it on. It simply wont wash in court and they know it. Even if they did manage to get to court with it in order to enforce a CCJ, they need to 'prove' the debt. They are essentially relying on the fact that most people either dont know their rights or are frightened of 'authority' and pay up. In this case, they have no authority and until they can prove a case against you, they can whistle down the wind for the money.

a7x4369

Thank you so much! I have never said the debt was mine because it isnt they just dont seem to be budging with it!