Its been sold

haribocrazy

hi. Quick question about a debt that is not my sons!. He got into dreadful debt about 8 years ago. That is all sorted now. But mkdp have been chasing him for a debt that is not his.
We have sent all the prove it letters etc and they could not find anything. Last letter, about 6 months ago said "we are taking you to court" and we said-fine, bring it on, its not my debt.

Did not hear from them again, but the marker theyhad put on hiscredit file disappeared.

Few days ago got another letter (forget from who) and tonight I (not my son) had a phone call from Robinson Way.

Do we have to start all over again? Or can we just say see the previous correspondence?

The annoying thing is that he did owe quite a lot of money,all of which he has now dealt with. But this debt is only for a couple of hundred pounds and it is the only one that he does not owe!!
He is getting very fed up with them and wants to pay to shut them up--but it really is not his debt.

Have had very good help from here before, so thanks in advance anyone who drops by.

sourcrates

Hi,
No don't pay it if it's not his debt, how have they linked the debt to him ?
Is it in his name ?

Its rince and repeat I'm afraid, you should tell the DCA the debt is not his, and that they should not contact you again, or sell the account to another DCA, if you are contacted again, you will escalate your complaint to the financial ombudsman service.

Just by doing that, you will cost them there referral fee, to the FOS, of £500 so will prove costly to them.

Also add that any court claim will be vigourously defended, and you will also counter claim for costs against them.

Be assertive, let them know your not going to lie down and let them walk all over you !!!!

haribocrazy

hello--thanks for the reply.
The debt has his name but it is not his account. He had two loans with Barcleys and a current account. These were included in a failed IVA and have now been dealt with.
This debt, although it has his name on, does not have his account number. They were not able to supply things like dob, addresses etc.
When we asked for proof mkdp said that they were not under any obligation to supply it and he had to contact Barcleys himself. And then could we send it to them!!
Anyway--we had reached the onbudsman stage with mkdp and were sending off the complaint when they removed the notice from his file and shut up.
Now this. Can we go straight to the complaint stage or do we have to give them the same time scale as before?
And can they re-enter this on his credit file as a default?
Many thanks.

sourcrates

Yes, it's the same complaint, repackaged, go straight to the FOS now, write and advise Robinson way that the debt is in dispute and you have forwarded the complaint to the FOS.

That will shut them up whilst it's dealt with.

Yes they can potentially re-issue the same default, it should have the original default date on it though, so include in your complaint, the removal of any derogative information from his credit file.