Being chased for a debt that is not mine

fermi

http://www.financial-ombudsman.org.uk/publications/technical_notes/debtcollecting-note.html

when the consumer says they're not the person who owes the debt

If the consumer says the wrong person is being asked to pay the debt – for example, a family member – or if there has been a "mis-trace" by the debt collector, we can deal with a complaint from the person who is being asked to pay.

A "mis-trace" is where a debt collector has contacted an unconnected person about paying the debt. In the cases that we see, this is often someone with the same (or a very similar) name as the actual borrower or hirer, or someone who now lives at a previous address of the borrower or hirer.

We would ask a debt collector to provide evidence to show that they are seeking repayment from the correct person.

It would not be enough to say, for example, that the person has the same name as the borrower or hirer, or even the same name and date of birth. We would look for some convincing reason to link the person to the debt.

Once we’ve considered the evidence from both sides, we will decide – on the balance of probabilities – whether we think the consumer is the person that owes the debt.

Some of the cases we see involve consumers who became aware that they were being pursued for a debt through messages the debt collector left with neighbours. We can deal with a complaint from anyone who debt collectors have requested payment from. In this situation we could deal with a complaint from the “traced” consumer who the message was for – but not usually from the neighbours who had been asked to relay the message (unless the neighbour had been asked or pressured in some way by the debt collector to repay the debt).

It can be extremely stressful to be wrongly pursued for a debt. Where we decide that a debt collector has wrongly pursued a consumer for payment of a debt they don’t owe, then we will generally award compensation to reflect any distress or inconvenience that the consumer has been caused by the debt collector's mistake. The amount of the award would be depend on the particular facts of the case.

MattRob

Is there any benefit to you contacting the FOS rather than contacting them myself? Also what do I need to supply?

glentoran99

MattRob wrote: »

Is there any benefit to you contacting the FOS rather than contacting them myself? Also what do I need to supply?

I don't think he was offering to do it for you!!




All you do it fill in the form and send it off

MattRob

It was because I saw "If you’d like us to contact them for you, just get in touch." Now I see it's taken from the FOS page.

fermi

glentoran99 wrote: »

All you do it fill in the form and send it off

Would probably be better to give the FOS a call first before you make the leap of filling in the formal forms.

If you're not sure how to get started, get in touch.

You can ring us on 0300 123 9 123 or
0800 023 4567. We're here from 8am to 8pm Monday to Friday, and from 9am to 1pm on Saturdays.
You can also email us at [EMAIL="complaint.info@financial-ombudsman.org.uk"]complaint.info@financial-ombudsman.org.uk[/EMAIL]

Reasons being for example:

- May not be at the stage yet where you can make that formal complaint. They can check through with you if there is anything else they need you do do or wait for.
- They can discuss what they would need to know from you.
- They may also be able to write now to the collector with your complaint before starting the formal complaint. That 'warning shot' of a letter from the FOS often seems to prompt the collector into taking you seriously, without you having to get into a lengthy formal procedure through the FOS, so if that is appropriate it's often worth doing.

fermi

MattRob wrote: »

It was because I saw "If you’d like us to contact them for you, just get in touch." Now I see it's taken from the FOS page.

Yes. Phone or email the FOS and they can take you through it and what they need.

fatbelly

MattRob - have you checked your credit file (I suggest Experian's £2 statutory report) to see if this debt is there and if there IS a default showing?

jamars

You say that you have recently opened a new account the bank (HSBC) would it be worth popping into a branch and asking them directly if you have ever run up a 4K debt with them? If they are happy that it is not you who owes them, then that is alot of weight in your favour

MattRob

Thank you everyone for all your help and advice.

This morning I called the bank (I've banked with them sine 2012) and they confirmed that there is nothing passed off on my account. However this seems to be for an account in 2006. I never banked with them during this period.

The contact at the bank attempted to call the DCA but they would not provide any information to him unless they could confirm who I am. He was put on hold by them and subsequently asked me if I was prepared to speak with them. I declined. He then asked to speak to a supervisor and had the phone put down on him.

He is sending me a letter today to confirm that I have only banked with them since 2012 and there is nothing owing on my account. I'm unsure as to whether details of his attempt to call the DCA will be mentioned.

i've since called the FOS to lodge a complaint. They took some details from me and will be sending me a complaints form this evening. I did ask if it was worth writing to the collector with your complaint before starting the formal complaint but was advised that as i had already received the final response to my initial letter that it would be better to put the case to an adjudicator. She also mentioned that there is a fee of £550 involved that the DCA will need to pay the FOS.

I've also applied to Experian for my credit report but it will take 4 days before the report is available.

fermi

Good. Was not sure whether the FOS would consider the reply you received a final one, which was why I suggested they might want to write first.