unknown debt request from arrow

sourcrates

@leahw38

The debt is statute barred, and they know full well it is, you can take the bull by the horns if you are confident enough, we don`t normally advise calling creditors, but this is one of those occasions where you can have a little fun with them, speak to an advisor, see what spiel they come out with, then tell them you are aware of the limitation act, 1980, sec 5, this debt is over 20 years old, and the limitation period is only 6 years, so go figure.

Tell them to stop bothering you about this statute barred debt or you will lodge an official complaint and escalate to the FOS if necessary, every complaint referred to the FOS costs the company concerned a fee of £500 plus, so every complaint you make costs them money, in this case much more than the debt they are chasing.

If you don`t want to do that, then just ignore them unless they send a letter before action (unlikely) but your response would be the debt is statute barred, which is a full defence to any claim.

EssexHebridean

Roversrover666 said:

Did anyone ever get a response. I’ve got the same letter today. No idea what it is and has my maiden name. Been married 16 years. Going to send the prove it letter tomorrow but wondered if anyone had had a response to it 

In a lot of situations where the letters are just "fishing" - ie being sent out to people who they know are irrelvent but it only takes one of them to pay up and they are in pocket, so they chance it - there won't be a response to a "Prove it" - where they can't prove it at all there's little sense in them writing back so they'll just go quiet, 

As before - remember when sending the prove It to not provide ANY more detail than you can see they already have, so in your case, when you write back, use that maiden name! 

ManyWays

I agree with @sourcrates. FCA rules are very clear that after a customer says they will not pay a debt because it is statute-barred, a firm cannot continue to ask them to pay. 

Roversrover666

Thank you all so much. I’ve sent the prove it letter. I don’t know why but it has kept me awake at night! I have no idea what it is and like I said I’ve been married 16 years 

Gardenshed2025

So I sent a prove it letter and they responded with a copy of a customer credit agreement which was not dated or signed by myself. The address on the agreement was an a previous address that  I lived at 4 years ago. The second document was a reconstituted statement of account which said the agreement was taken out in September 2023 and showing that 2 unidentified items were purchased and the cost of the debt. The law firm representing the debt collectors said it was proof enough. When I disputed the documents they said that the agreement was electronically signed and I must have been living at the previous address when I opened the agreement. They told me to fill out a fraud claim and send it to the debt collectors, who are Lantern, to get them to investigate it and if I wanted any information about the original account, JD Williams, I had to go to them myself.
It was my belief that it is up to the debt collectors to investigate the debt, is this correct?
 I am unwilling to fill out the form from Lantern in order for them to investigate the debt as it wants me to fill in all my personal data which would be a gift to them as I have no trust in them. I am trying to limit any information I give these people as I do think they are fishing.

The CCA is obviously result of Identity Fraud. How can this be discredited. I have complained to the Financial  Ombudsman and am waiting for their response. Is there any other advice you could give me.

sourcrates

Report it to Action Fraud, get a crime number, and pass that information on to Lantern.

Action fraud won`t do anything, but they will give you a crime number to say you have reported this as identity theft.

Gardenshed2025

Thanks for that but now I am super paranoid about who has my data so I am avoided giving out my details as I just don’t trust the agencies to keep my data secure. For instance, how was it possible to open a CCA in my name. I thought written permission was required to do a credit check. I suspect foul play but don’t know who to point the finger at. I am also concerned with how they connected a previous address with my current one or are they just fishing?

Roversrover666

I’ve had a response from them this morning replying to my prove it letter basically saying that ‘this account is no longer being serviced by them it’s now being serviced by Opos Ltd and any future correspondence should be addressed to them’
shall I wait for them to get in touch or shall I contact them? 

Is it capquest going ‘oh we won’t be getting anything from her’ 
still addressed to my old name after being married 17 years
thanks xx 

Grumpelstiltskin

Don't contact Opos, never encourage these people, wait for them to contact you, if they do come back for more advice.

Roversrover666

Grumpelstiltskin said:

Don't contact Opos, never encourage these people, wait for them to contact you, if they do come back for more advice.

Thank you so much. I shall leave it alone x