someone elses debt has been transferred into my name

ohmochraich

Hi - Im not sure if this is posted in the correct place (apologies if not and please feel free to move). Apologies for the length also.

I got a letter in august from a 'debt recovery agency' with my surname and address on it but an incorrect initial (c instead of k).
i opened it and it was with reference to an unpaid catalogue debt of over £600. I live on a housing estate.

It had no first name on it just an (incorrect) initial. I immediately phoned the company, told them my name and explained that a) although I used to shop with this company, I had not bought anything since last year and always paid by card at the time of the order (and therefor did not have a 'credit' account). I also pointed out that as the catalogue company had never contacted or sent a statement/reminder to me about any debit - I thought it must be a mistake.

The girl I spoke to looked up the reference number and said "this is showing as a C******* (same surname) and the address should be number ** (not my address) (this is one of my neighbours) she explained that I shouldn't have been sent this letter, couldnt understand what had happened and agreed to correct the mistake. she also said that because of the way the postcodes work all houses in the area with catalogue accounts are pulled up on their computer and things have to be manually added/deleted/changed.

A week later I got a letter from another agency (in my name). It appears that instead of correcting the original letter into my neighbours name and address - she has put it into mine. The second letter was stating their company had taken over the debt - I immediately telephoned them and explained what had happened (and spoke to an absolutely ignorant git who was very rude from the minute he answered the phone!) - this man said he couldn't do anything about it and id have to pay the debt - I told him I wanted a breakdown of exactly what this debt was supposed to be in regards to. he said he would need to contact the original catalogue company and would get back to me.

Anyway - I have phoned the debt collection company 6 times since then and between them saying that they have no record of any "dispute" about the debt from me or saying the catalogue company have not got back to them - Im still no further on! I have notes of all conversations and dates times and names of who i spoke to.

my problem is on checking my credit rating I have gone from having a spotless record to having a payment default lodged by them. I am about to apply for a mortgage and am worried this will affect it. I asked experian to to remove it (but they cant) but they have noted that I dispute this.

I haven't had any more letters from them since august - but was wondering if anyone had any suggestions about what to do next.
Also one of the times when i phoned to check (with the second company) another girl said is this for (another catalogue company) and read out my neighbours name and address!.
I asked someone at the second agency if I should contact the police (as its NOT my debt and im not paying it) and he said only if your neighbour has stolen your identity (but she hasn't - it was a mistake made by the original debt company!). I cannot even log into my old catalogue account as they have changed the account numbers and it wont let me log in (although they still send me emails!).

I dont know what to do - im scared to "leave it" in case it wrecks my credit rating .
any suggestions would be gratefully received on what to do now!

RAS

hi as a starter i would send the following to the DCA chasing you and the one that has registered a default (unless it is the same one).

Dear Sirs

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.


This needs to go registered post and they have 12+ 2 working days to provide you with the CCA before they are in default.

I would also write and complain to the first DCA and formally complain under the Data protection Act that they have sold false information regarding you to the second DCa and you want

1. A correction of the false information on their systems
2. Notice of the correct situation sending to the second DCA
3. Compensation for the damage to your financial record and the time spent sorting this out.
.

ohmochraich

Thanks RAS - does this kind of thing happen often?
I would have thought that they would need more that just an 'input error' from one person to slap someone with a bill for nearly £700!
Its very scary that its up to you to PROVE you DONT owe money rather than THEM to prove you do!

Gale_10

Hello there,

I am sure we will be able to help here.

You need to write a letter to every debt collection agency that ever contacts you and ask for a CCA (consumer credit agreement). As RAS says.

If you receive no reply then the debts are unenforceable without a court order. They are HIGHLY unlikely to get a court order without a CCA.

What they are likely to send back is a copy of a CCA that they wished you had signed - its rubbish.

Whatever they send you or reply to you, please let us know on here and we will help you. There is another letter to send after the 12+2 days, let us know and we will find you the template of that letter too.

Now, its quite hard but not impossible to get a default removed. I know I have seen a thing on this...............

Ok take a look at this link:

http://www.learnmoney.co.uk/credit-cards/remove_default_notice.html

That has a pretty clear explanation of how it works.

Keep posting and letting us know how you get on,

Gale

tigerfeet2006

Excellent advice from RAS and Gale as always. Also ddon't sign the letter with your usual signature just print your name.

ohmochraich

Thanks Gale and tigerfeet!
I will see what they say to this. good advice about the signature - I suppose they could copy it onto any 'agreement'.
I know for a fact that I never signed any CCA with the original catalogue (I never send these back). Im just wondering why the debt collection company have gone silent. i will copy these templates and send them to both debt collection companies and let you know how i go.
im just furious that its up to me to prove its NOt my debt!
thanks again!

ohmochraich

Bumped this back up again ...............to give a (sort of) update.

Anyway...........the story continues.
I have waited for the DRA to provide the detailed breakdown of goods that this debt allegedly pertains to. I last spoke to them via telephone on 01/10/07 and they said they would place the account on hold until they could provide this.
Today (yes 9 months later!!!!!!!!!!) I get a letter stating here is breakdown you requested. It isnt...........no itemised list of goods. it is a computer print out of my account no, date opened, WRONG date of birth, default date of 16/7/2007
Activity over last 6 years
balance sold £699, debits 134.50, goods - 0, insurance - 0, interest 74.50, delivery -0, charges 60.00,credits - 0, payments -0, commission, 0 discounts -0 adjustments +/-564.73then below goods ordered in last 3 years (blank), payments in last 3 years (blank) adjustments in last 3 years 18/01/07 564.73 payment due from old account related item - none.
No note of old account number or anything showing how this debt was moved from one account to another!

I am writing AGAIN to request a DETAILED inventory of the GOODS supposedly defaulted on, a copy of my CCA (which doesnt exist) and correction of my credit file. I have also requested a copy of all statements sent which identify ANY debt (as I NEVER got any statement saying I owed anything - and certainly never got any overdue payment letters!) I have checked my bank statements and my last order from them was oct 2006 and was paid in full!
GRRRRRRRR.
out of interest - the DOB shown on this account is the DOB of the lady down the road!
and there is NO account activity shown for the last 3 years - DESPITE my bank account showing regular ordering and payment up until the account was cleared in OCT 2006!

any suggestions on how to proceed or anything else I should be doing.
(in case anyone was wondering I never wrote requesting CCA copy until now as they had gone very quiet and I assumed they had sorted it out!!!):eek:

GeorgeUK

I can't believe they are providing you with details of someone elses account when you have denied that your are the person they are seeking.

http://forums.moneysavingexpert.com/showpost.html?p=11570893&postcount=3
This is a letter from the nationaldebtline stating that they need to prove who the debt belongs to etc. As the haven't even got your date of birth correct, i would save my £1 for now and send this instead.

ohmochraich

Hi Georgeuk - the name and intended address was given to me by the CS assistant I spoke to (from the first DRA) - but I know the woman down the road (2 door numbers away from me - and it is HER name and address the CS assistant read out over the phone (and it is her date of birth on the account breakdown - mine is similar - but not the one on the letter). I will see what happens with the request for the CCA (as I have filled in the postal orders etc so cant reuse them! ) 0 but I will follow up with the template you provided (as I have REPEATEDLY told them its NOT my debt) but the RUDE man from the current DRA told me on the phone its up to ME to prove I dont owe the debt. There is nothing in the account summary (breakdown) to show any link between the debt and my account (just says old account - no acc no or anything - and no itemised list of goods). The same printout shows NO goods bought in the last 3 years (which is wrong - but Id like to know how they can find a 600 debt on an account with NO goods bought!!!). So unless they can list the goods this money is owed for - Im at a loss as to how they plan to show the debt is mine (it isnt - but Id like to know how they can "show" it is).
Many thanks for your help