his dad's debt!

dogwoof

hi

i need advice

my boyf got a letter in saying he owed £5000 to baclaycard, he's never had an acc with them.

so we wrote back saying this was not his debt u must be mixed up with someone else!

they wrote back and we found out its his dad's debt, (he's got the same initials) and they think my boyf is him.

his dad dosent live with us, and my boyf hasnt talked to him in ages.

should we write back saying this is not my boyf debt but his dads, and we do not know where he is but he does not live with us.

or write back and say my boyf is not this person.

or ignore it? although i dont think we should ignore it?

plz advise

skylight

Write back with as much details for Dad as you can. Also ask for a signed copy of the agreement (Consumer Credit Agreement) as this will show the signature and details of the person who took the debt in the first place. (Plus £1 fee)

Copy of the letter on National Debtline site.

rog2

Don't ignore the letter, but you are under no obligation whatsoever to pass on any of your boyfriend's fathers details to whoever wrote the letter.
Did the letter come from BARCLAYCARD or one of their DCA's such as MERCERS.
In any case niether Barclaycard or their agent should discuss someone's debt with a third party, without the express permission of the debtor himself.
Simply write to them stating that you are NOT the person they are trying to get hold of, and instruct them to stop sending correspondence to you.
If you know of the whereabouts of your boyfriend's father you could, although again you have no obligation so to do, inform HIM that Barclaycard, or their agent, is looking for him.

dogwoof

thanks

1. do i send a letter saying i am not this person stop hassling me.

trouble with that is they could say we dont believe you show us id, and i do not want to send my passport or any info to them!


2. do i say it is not my debt but my dad's?

trouble with that is, they could hassle me still to get in touch with him, get his details from me.

plz advise???

Badger_Lady

dogwoof wrote:

trouble with that is, they could hassle me still to get in touch with him, get his details from me

They have no legal entitlement to do this - it would break Data Protection rules, as the debt has nothing to do with you. It is up to them to locate the Father - you are not in any trouble, nor are you obliged to give away Dad's details.

Kevicho

Id send the templated letter above, it will work, you shouldnt have to worry about this again.

As for point 1, they have the burdon of proof, as for point 2, its not your debt or your responsibility, if they do ask you can honestly say you have no idea where he lives so theres not much they can do.

dogwoof

there was no template?

thanx every1!

sorry for going on!!!! but ....overall ????

should i write the letter + say

this debt is not mine i am not... bla blah blah

(they would still write to me im sure? and say... We know that a Mr. J Bloggs lives here)

or admit its my dad's not mine and he does not live here.

whats the best thing to do? what dyu think?

:cool:

dogwoof

???

plz advise

RAS

Hi dogwoof

I would repeat Rog's advice

Simply write to them stating that you are NOT the person they are trying to get hold of, and instruct them to stop sending correspondence to you. You might want to add that haressing someone other than the debtor for payment contravenes the Office of Fair Trading Guidelines.

You do not need a template letter (you use this if there is a possibility that you owe it).

If you know of the whereabouts of your boyfriend's father you could, although again you have no obligation so to do, inform HIM that Barclaycard, or their agent, is looking for him.

Y

dogwoof

thankx to every1 for helping

ill write a letter saying i am not the person and to stop harassig me.

rog2

Hi dogwoof - there is no standard template letter, but I would suggest something along the following lines:

"Dear sirs,

Your ref:

I acknowledge no debt to your Company.

I refer to your letter of xxxxxx in which you claim that I have an outstanding debt, to Barclaycard, of £5,000.00.

I would like to inform you that I have never had an account with Barclaycard, nor do I have, or have ever had, any debt to Barclaycard.

You will be aware that, under Section 2.8 a the Office of Fair Trading 'Guidelines for Debt Collection, the Office of Fair Trading considers it to be 'Deceptive and Unfair' to 'Send a demand for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the debtor may be made.'

I would, therefore, ask you to cease, forthwith, any further contact with me and I instruct you to remove my name, address and any other of my personal details that you hold, from your records.

I would like written confirmation, within the next 7 days, that you have done this.

Any further contact, whether by letter, telephone or personal visit, in connection with the aforementioned 'alleged debt', from your company, will be considered as 'harrassment' contrary to Section 40 (1) of the Administration of Justice Act, 1970, and will be reported to the relevent authorities.

Yours Sincerely"


If you need to check the full guidelines for debt collection, check on the following link: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

I hope this helps.