Rossendales Collect chasing me - not my debt

angel1471

Hi

Unsure where to post this. I've had Rossendales Collect chase me for a debt from 14 years ago, which is not my debt. I had also had this from Arrow Global and told them the same thing. I have repeatedly sent Rossendales letters telling them its not my debt and asked for proof from them as i dispute it. They have said they can't give me the proof but are still chasing me and now threatening further action. Please help, this is driving me mad

fermi

What sort of debt is it? Do they say?

What have you sent so far? Something like this? --> http://forums.moneysavingexpert.com/showpost.php?p=34906257&postcount=5

angel1471

Hi, thanks for replying. They are saying its a mail order debt, but have given different companies - Shop Direct Group, Great Universal. The letters I've sent is similar to the one you linked but didn't include anything about statute barred. When I requested proof of the debt e.g. original agreement or statement their reply was that they were not able to provide it. I'd asked them not to contact me again unless they had that proof, but are still sending me letters demanding payment and threats of further action.

I really don't know what to do next, so really appreciate any help

fermi

Then complain again, along the lines of this link.

http://forums.moneysavingexpert.com/showpost.php?p=57703407&postcount=3

Perhaps mentioning the points in the other link as well.

Then take them to the FOS if they don't clear off.

angel1471

I'll send the letter today, thanks again

angel1471

Hi Fermi

I have had a reply from Rossendales, now saying I have to make a fraud claim to them and fill in a form with all my details and send back within 21 days, received it a week after the date on the letter. I am not happy to provide my private details they are requesting. Surely they are just ignoring the fact they can't prove its my debt. Driving me mad, and getting upset about it all. Thanks in advance

GingerBob_3

angel1471 wrote: »

Hi Fermi

I have had a reply from Rossendales, now saying I have to make a fraud claim to them and fill in a form with all my details and send back within 21 days, received it a week after the date on the letter. I am not happy to provide my private details they are requesting. Surely they are just ignoring the fact they can't prove its my debt. Driving me mad, and getting upset about it all. Thanks in advance

Under no circumstances should you provide these chancers with any information whatsoever. The onus is on them to prove the debt. Don't give them your phone number (if you call them prefix the call with 141, but best not to call them) and if they call at your house order them off your property and ban them from future visits. Write a single letter to them, along the lines of that suggested in the above link, and that's it.

fermi

You don't have to do any such thing. Cheeky sods.

Make a complaint and go to the FOS if they don't get lost.

angel1471

Hi Fermi & Gingerbob, thanks so much for your help. Would you mind just checking the letter below before I send it please?

On 22.04.2014, 28.03.2014 and 29.12.2013 I wrote to you regarding the account with the above reference number, for which you claim I owe £xxx. I pointed out that I have no knowledge of any such debt being owed to Shop Direct/Great Universal. As previously stated I did not live at the address on the date you say the debt was taken out.
I asked that no further contact be made concerning the above account unless/until you could provide evidence as to my liability for the debt in question. In your letter dated 11/03/2014 you stated that you were unable to provide the proof requested.

Despite this, you have continued to write and make demands for payment.

In your letter dated 12.05.2014 you still have not provided proof the debt is mine, ignoring my requests that you are not to contact me without this proof.

I cannot make a claim of fraud without proof the debt has been taken out in my name, so I will not be completing the form you provided. The onus is on you to provide proof the debt is in my name and despite numerous requests from me – for example the original credit agreement, you have not provided this.

I wish to complain that you have breached the following sections of the FCA's Debt Collection Rules (2014):

From the FCAs rules 2014 you are engaged in the following unfair practices:

• A firm must not pursue an individual whom the firm knows or believes might not be the borrower or hirer under a credit agreement or a consumer hire agreement.
• A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid.
• A firm must not.... visit or threaten to visit a customer without the customer's prior agreement when a debt is deadlocked or reasonably queried or disputed
• A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds.
• Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner.
• Where there is a dispute as to the identity of the borrower or hirer or as to the amount of the debt, it is for the firm (and not the customer) to establish, as the case may be, that the customer is the correct person in relation to the debt or that the amount is the correct amount owed under the agreement.
• A firm must provide a customer with information on the outcome of its investigations into a debt which the customer disputed on valid grounds.
• Where a customer disputes a debt and the firm seeking to recover the debt is not the lender or the owner, the firm must (1) pass the information provided by the customer to the lender or the owner; or (2) if the firm has authority from the lender or owner to investigate a dispute, it must notify the lender or owner of the outcome of the investigation.

• In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

• Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

• We would further note that based on the information you have supplied, this account would also be statute barred under the Limitation Act 1980

• Under the Limitation Act 1980 Section 5 "an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued".

• I would also point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:

• "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4

• "A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8

• We would ask that no further contact be made concerning the above account unless you can provide evidence of both:

• (1) proof of my liability regarding this debt.

• and

• (2) payment or written acknowledgement from me in the relevant period under Section 5 of the Limitation Act.

• We await your written confirmation that this matter is now closed.

• Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

• YOU MUST ALSO TREAT THIS AS A FORMAL COMPLAINT, AND AS SUCH I REQUIRE A COPY OF YOUR COMPLAINTS PROCEDURE AND A RESPONSE TO TAKE TO THE FINANCIAL OMBUDSMAN.


This has caused me considerable distress and I consider it appropriate that you compensate me for this.

GingerBob_3

Hi Angel1471, yes that looks about right; a good effort. Perhaps the only other thing you might consider is some mention of harassment in the final paragraph.

Don't forget to send it 2nd class and get proof of postage (free).

Good luck.

angel1471

Thanks Gingerbob, you're a star