Buchanan Clark & Wells chasing me for a debt that isn't mine!

chrisuren

02 have instructed Buchanan Clark & Wells to chase a debt they've previously acknowledged as fraudulent.

I went into the 02 store in Plymouth months ago, after £419.80 was taken out of my account (Don't have that kind of money so it went into my overdraft, don't have an overdraft so it just returned at the end of the business day) and they said someone had taken a phone (a blackberry something or other) out in my name. They traced the phone to Cyprus, I've not even got a passport and hadn't been to Cyprus, they acknowledged this and put a bar out on the phone.


About 4 weeks later I got a letter from Buchanan Clark & Wells acting on behalf of 02 chasing me for the money, I spoke with my dad (He was a solicitor, now accountant) and he wrote instructing them he would be the first point of contact from now on, and also writing to dispute the money.

About 1 month after that letter they've wrote to me (Not my dad, spoke with him and he's said he hasn't had any letters from them) saying I needed to phone the office within 10 days to discuss this.

Phoned them up today, they've said 02 have said it wasn't fraud and I need to pay (She also said if I pay only £230 I can write the debt off :rotfl:) I said obviously I don't have that money to hand and will need to talk to some people (Delaying tactic, have no intention of paying) she said it's possible it could go to court.

What is my best plan of action now? I've never been chased for any money before and am a bit worried, anyone have any past experience with these people?

Cheers.

Tixy

Do you have anything in writing from 02 that confirmed they accepted it was frauduently opened/ identity theft?

If so then I would write back to BCW state that you do not acknowledge the alleged debt and that 02 have previously investigated the account and accepted it was opened fraudulently as confirmed in the attached letter.

I'd then use some of the wording from the prove it letter to finish your letter Letter when you know nothing about about the debt - AKA "Prove it" letter

chrisuren

I have nothing in writing from 02 but they recorded the phone call in which a customer service rep acknowledges the debt is not mine, don't know if that happens.

Thanks for the letter template I will sort that tonight.

fermi

If it's fraud then report via https://www.actionfraud.police.uk to get a crime number that you can quote to them.