Being chased for a debt that's not mine.

adorabubble

Hi Guys,

I received a letter this morning from Westcot declaring they have been sold a debt in my name from Greenwoods Personal Credit. As I have never dealt with Greenwoods I called to dispute the debt. I was asked for my previous addresses; which I gave. It turns out a loan was taken out at one of my previous 2 addresses in September 1998. Now at this address I rented a room from my dad and step-mother who occupied the house with their family. I was aware they had a vast amount of debt not only in their own names but that of an Uncle who lived with them briefly previous to me. I left the address in Oct 1999 with no knowledge of any debt in my name (certainly none I had aquired myself).

Westcot told me that as I was still living at the address when the loan was taken out they cannot issue a fraud investigation despite me being 100% sure the debt is not mine. I asked them for a copy of the original signed aggreement which they said, because of the age of the debt, Greenwoods no longer have any paperwork. They offered to accept a full and final settlement which I refused as the debt is not mine. Westcot told me Greenwoods issued many letters to me over the last 7 years demanding payment which I never recieved (even though my family had my forwarding address). When I left my dads in 1999 I became estranged from them all due to ill treatment at their hands.

The telephonist at Westcot said she will have to put this in her managers hands who will inform me of what they intend to do next.

Any advice to put me at ease would be very grateful. I've always paid my bills and credit cards on receipt, kept on top of bank loan payments and never so much as had a red bill. I even helped my boyfriend out of his debt over the last 5 years and we have been solvent for just over a year now and this has really rocked my system.

rayday2

From what I can see if Greenwoods do not have the paperwork it cannot be chased but also its over 6 years old so cannot be chased you need to make sure you go through the channels to take it off your history now.

Others will come along with details as to the procedure.

rog2

Hi there ab - Westcot are simply trying it on :mad: :mad:

First of all they MUST provide proof that the debt is yours - this means providing you with a copy of the original signed consumer credit agreement.
They can NOT chase you for any debt which is not yours and they have an obligation to prove that the debt is, in fact, yours.
That said, since this 'alleged debt' is, indeed more than six years old and providing that you have made no payments towards it, nor have you initiated any written contact, regarding the debt, with the original creditor, then, under the terms of the Limitations Act, 1980, the 'alleged debt' will, almost certainly be 'statute barred'. This means that once a debtor has stated that he will not pay the debt, then the debt collector can no longer pursue the debtor for payment. It does, in fact, become an offence for the creditor/dca to continue to chase for payment.
In your case, whilst there are two issues - ownership of the original debt and timespan of debt - you have two options,; the first being whether to contest the debt - in which case you need to request a copy of the cca - and the second option being just to inform them that, whilst you acknowledge no debt to them, the 'alleged debt' is now statute barred and can no longer be pursued.
In my opinion, it will be simpler to opt for the second option. A template letter, which you should send to the dca, can be found on the National Debtline website, by clicking on the following link:

http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

For more information on your rights in dealing with thugs like Westcot, have a look at:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

They really are a bunch of chancers.

RAS

Hi

This debt is statute barred so it is completely irrelevant who is belongs to.

Tell them you are not paying and that should be the end of it.

If it is not (the latest fashion is for letter suggest that you are morally obliged to pay), then report them to Trading Standards.

adorabubble

Hi again,

Thank you all for your time and advice. I don't know anything about this account so do not know when the last payment was made (I'm hoping it was over 6 years ago so it would be statute barred). I've had no contact with the residents (dad etc) of the address since a phonecall a few days after I left saying "I've only just realised you're not here anymore cos the washing up hasn't been done!" and no contact with Greenwoods nor any correspondence from any party until today.

I guess I'm waiting for Westcots to get in touch with me with their intentions before I can find out this information and put this to bed.

I'll let you know how I get on.

PS They say you can't choose your family...! So true.