Depts from 7 years ago - harrasment and Id fraud?

insain

Hi,

I have had 2 company's chasing me for money on 2 depts that are now well over 7 years old. It is really getting to me now because they phone 3 times a day, every day!!
Apparently one dept is for a time computer and another is for some software. They are both for around £1200. I build my own computers and have done for over 12 years. There is no way I would of purchased a Time PC.. know one with any IT knowledge would have lol.

I have no recollection what so ever of the things I am supposed to of purchased so I asked the simple question of " can you send me the credit agreement please" so I can check the Signature on it.

I have asked for this information for over 3 years now and still they are unable to provide it. They say Time computers doesn’t trade anymore so they cant get it.

Does anyone know my legal stance in this sort of situation?
I am so fed up of the constant harassment. I would gladly pay a dept if I know it is mine but there is no way I am paying for something that I believe is either ID fraud or a mistake. This is also effecting my credit score which is really making it hard to buy out first home.


Thanks in advance.

chevalier

If the debts are over 6 years old then they are statute barred, assuming that you haven't acknowledged the debt is yours in that time.

Very difficult to prove. I think it is an offence for them not to provide the paperwork ref the debt in a set time. I think it is 40 days. So maybe telling them that might get them to drop it. If you have a look at your credit report then you will be able to see if this is affecting your credit score. I think you can also put a statement on your credit history stating that these debts were the result of fraud.

Did you contact the police at the time and get a crime no??
chev

angelavdavis

They are pursuing a debt that may not even apply to you - they are a debt collection agency who will pursue anyone with a similar name to the original debtor, or lives at the same address.

As Chev says, its statute barred anyway so I suggest you look at the following web pages for national debt line and send them a letter:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_limitation_act

They cannot legally pursue you for a debt if they don't have the Credit agreement - you are perfectly within your rights to demand a copy.

Next time they phone - reiterate that you have repeatedly asked for the credit agreement and they have failed to provide this, therefore they can no longer continue to harrass you for this debt and also threaten to report them to the Office of Fair Trading as you no longer wish for them to contact you via the phone and in future any contact should be via written correspondence only.

insain

Thank you very much for your fast replies.
The link you gave is really handy.

Next time they phone I will be a little more confident in my rights..


Thanks again!