DCA letter - wrong name and address

dollybird

Hello everyone,

I received a letter today from LCS (Leeds Consultancy Services) relating to a debt with Scottish Power. On the letter, they've got my first name wrong, and the address where the debt is from, is one that I've never lived at. I've lived at my current address for over 35 years!

I was really panicking at first, as they mention possible court action. I tried to speak to them, but I wasn't getting anywhere.

My son has since told me about this particular forum on MSE (I use others on MSE), and about a template that is available for download where I can ask to see the original credit agreement etc etc. I believe this may cost me £1, but I don't care.

My son also told me that sometimes companies blanket mail all people with a similar first name and same surname in the area - are they allowed to do is?

Can someone please tell me what I should write to them? I've searched but can't seem to find the template.

Thank you everyone

kathfisch

I might be wrong but if the debt is not in your name you should only have to prove who you are, not go to the extent of getting the credit agreement. They probably can't show that to you anyway because of data protection. What happened when you spoke to them? I'm not sure what's the best way to prove that you're not who they're after but you shouldn't have to go to any trouble because of their lazy tactics!

mrbadexample

Someone will be along with the template in a minute.

FWIW, I'd just send it back "not at this address". It's obviously not you. Whatever you do, acknowledge nothing.

dollybird

I've not acknowledged anything right now. I just want to get this sorted out, so I don't get any more letters from these people.

What do I write to them? I'm sorry, but I'm very anxious about this

hard_working_mum_3

If it's not you, nothing to worry about. Just return the letter to sender. Your son is right. DCA's will do this just to try and scare someone into paying.

mrbadexample

Ok, as no one has turned up with the template, I've completely burgled this from Harassed:



I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is an offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.



Although I still feel that this letter is not yet warranted, as the DCA clearly have the wrong individual. I'd make it as difficult for them as possible, but I can quite understand why the OP might not want to. The letter has obviously subjected her to quite unnecessary aggravation.

Oh yeah...recorded delivery of course.