Letter from Brachers Legal Services re: 'American Express Services'

BenParker

Willing2Learn wrote: »

@BenParker

Have you checked your three credit files to ensure that the account is being misreported?

I've only checked through Experian, which is not showing up anything related to this.

Given the name and address details they have on the associated statement of account are so clearly incorrect, would it be advisable to sign up and check with the others?

Willing2Learn

Yeah, I would definitely want to check all three to be sure.

BenParker

Willing2Learn wrote: »

Yeah, I would definitely want to check all three to be sure.

I've now checked on all three and nothing looks to be untoward on this front.

There is a previous search from AmEx relating to my previous address - but I suspect this relates to the debt reclaims company using the electoral register to try and pin this debt against my name previously?

[Deleted User]

johnsmith1890 wrote: »

...or you'll be engaging the services of a solicitor with a view to suing them for harassment.

Unnecessary and not required

BenParker

In terms of the tone / content of the prove it letter, have found the below examples from DebtCamel. Given that they've already sent over their 'proof' in the form of the Amex statement, which version is more appropriate in this instance?


'Dear [Debt Collection Company],
I am writing in response to a letter from you dated [dd/mm/yy], a copy is attached.

If you have reason to believe that a valid debt exists and that the Debtor resides at this address, then please prove the debt in writing.

The FCA rules say you cannot continue any collection activity until you have done so.

Your name'


'Dear [Debt Collection Company],
COMPLAINT

On dd/mm/yy I ask you to provide proof that I owed the alleged debt to xxxxxxx. I attach a copy of my letter.

The FCA rules are clear that ” 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.”

I do not owe this money. You have failed to produce any evidence that I do. If you do not cease to contact me about this debt I shall be complaining to the Ombudsman.

Your name'

[Deleted User]

I would send a letter stating that you do not owe the debt and it isn’t yours seeing as they have already proven that by sending a statement meant for someone else

https://www.nationaldebtline.org/EW/sampleletters/Pages/Complaining-to-debt-collection-agencies-that-you-do-not-owe-the-debt-%28sole-name%29.aspx

BenParker

!!! wrote: »

I would send a letter stating that you do not owe the debt and it isn’t yours seeing as they have already proven that by sending a statement meant for someone else

Thanks, very helpful.

sourcrates

It sounds like a Letter before action to me, it’s a simple questionnaire form as the OP describes, giving 30 days for a response.

As well as sending the provit letter (make sure you deny the debt) send back the questionnaire also denying the debt.

That way all bases are covered.

BenParker

By way of an update to this, on the advice of StepChange Debt Charity I sent back extensive information to Brachers, including a copy of my Experian credit file, and their form where I clearly disputed the debt, highlighted that some of the details they had on file for me were wrong, and asked for copies of the written card agreement, a statement of account showing how the sum claimed accrued and a copy of the default notice.

They sent a poorly written response asking for a scan of my passport to confirm that I wasn't the person they were seeking for this debt. On the advice of StepChange, I sent a paper scan of my passport back to Brachers by post earlier this week.

However it appears that in the meantime, Brachers have passed my address details onto Amex, as I'm now receiving Amex statements to my home address.

Furthermore, today for the first time the Amex debt has now appeared on my Equifax credit report as a credit account I hold. I'm now slightly concerned that there could be some type of fraud involved. I will obviously speak to StepChange again, but would appreciate if anyone has had anything similar happen and can offer further advice about next steps.

MisterBaxter

Going off topic but out of interest have the DCA and now Amex breached GDPR by sending the personal details of one individual to another? From what the OP has indicated both parties have now sent a financial statement with another person's name and financial details on to the OP. Sounds like something the ICO may be interested in.