Pursued for a debt I do not owe

Sunderland07

Lantern Debt Recovery began to chase me for a debt in excess of £1700 more than a year ago.
I asked them to provide proof and they sent an unsigned copy of a credit agreement with Cash Euro Net UK.  This company went into administration October 2019. I referred the matter to the FOS.  Lantern requested photo id, bank statements etc.  I was not prepared to divulge this info to Lantern and advised the FOS.    I hear nothing for a year and now I am being pursued again.  I referred bak to the FOS.   

molerat

Who are Lantern collecting for ?  Are they acting on behalf of Grant Thornton, the administrators of Cash Euro Net ?  What does them being in administration have to do with pursuing a debt ?

What did you take to the FOS and what was the outcome ?

Why do you not owe the debt ?

fatbelly

It sounds like they are just sending standard letters, which you can ignore.

If they send a 30-day preaction letter then you do have to respond like this

https://debtcamel.co.uk/letter-before-claim-ccj/

Sunderland07

Molerat. I am not really sure who Lantern is collecting on behalf of.  The credit agreement they sent said Cash Euro Net.
I believe this debt may be for a loan.  I have never taken out any loans or had dealings with Cash Euro Net.  This debt is not mine. The FOS have not upheld my complaint that I am being harassed by Lantern!  They do not consider Lantern are being unreasonable.   I do not believe Lantern have provided sufficient proof of this debt but it seems the FOS do.   
Where do I go from here?

fatbelly

You can use ombudsman, then court but not the other way around.

The ball is in their court (so to speak) to start a court claim but they must first issue a standard letter and form.

Sunderland07

fatbelly.   Ombudsman not very helpful.   Surely the debt collection company have to provide proof of the debt.   Why should I have to provide my ID and bank details etc to them?   I was unwilling to provide personal info to a debt collection agency, therefore the FOS will not help.  
I have checked my credit report and there is no mention of this debt.  I believe this is a mistrace.

fatbelly

The FOS take what they call a 'common sense' approach. Very often it look like, to me, 'siding with the creditor'

You are correct that they must prove the debt in a court situation. Until it gets to that point, all they have to do is comply with FCA guidance.

It's here

https://www.handbook.fca.org.uk/handbook/CONC/7/?view=chapter

The bit about disputed debts is 7.14

It may well be a mistrace. Happens all the time.

You could try a complaint to their professional body, though again they may side with the creditor

https://www.csa-uk.com/

Sunderland07

I went back to the FOS to say I was not happy with their decision that Lantern were not acting unfairly.  I said I believe this was a mistrace and surely Lantern should provide proof of debt.   As stated earlier, Lantern want my personal details to investigate a fraud claim.  I was not prepared to divulge to Lantern but told FOS I would provide info to them.  Should I provide my ID and bank info`?

fatbelly

I wouldn't, because I don't trust them to handle them properly.

If the original lender wanted ID and bank details from whoever took out the loan, they should have asked for those at the time. If they didn't do that, what will they compare your paperwork to?

retiredbanker1

IMO Your personal details can either clear your name or confirm the debt could be yours.

As long as you do not use your normal signature in any correspondence - just in case you find it 'copied' to any of their correspondence, what can they do with it? 

As an afterthought you could ask them in reverse what details they hold on the debt? You can then decide whether it is your debt that you have forgotten about or nothing to do with you at all?

Sunderland07

I know the debt is not mine.  I obtained a SAR report showing bank details.  These bank details are not mine.  Still waiting for FOS to come back!