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Debt Collectors Different Strategy

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  • FedupBrit
    FedupBrit Posts: 14 Forumite
    10 Posts Name Dropper
    edited 4 January at 8:32PM
    @ManyWays Yes, we've spoken on the phone where they admitted it couldn't have been our debt, we've also sent emails where I've proven the same, and I've sent the Action Fraud number.

    Then about a month later the text messages, emails, and now the doorstop visits continue. Said at one point there was no record of the phone call. The only headway we almost made was when they sent an email stating if we sent 3 forms of ID / official statements from 24 YEARS AGO at our former address, they might consider the case closed. As it proves where we were 24 years ago and not at the address the account was opened up in.

    And I'll be doing that when hell freezes over. I believe they are deliberately ignoring all evidence and continuing the harrassment approach to get a payment and the debt assumed in our name.
  • ManyWays
    ManyWays Posts: 1,330 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    what sort of debt was this? 
  • FedupBrit
    FedupBrit Posts: 14 Forumite
    10 Posts Name Dropper
    edited 5 January at 1:58PM
    I believe it was from a clothing catalogue. So in 24 years my family member has not recieved any correspondence from any clothing catalogue, has never opened any account with one, and has nothing whatsoever on bank statements showing this sum - even over that time - coming out of any account.

    So I'm thinking it's either fraud where they didn't know the address and when we moved, or it's the previous owner at this address where the debt company have changed the name themselves.

    I suppose other things are possible, such as a family member commiting fraud. But the debt company refuse to release any details until we sign up to their website, provide all personal details, and the above ID details, so we're at a stalemate until I assume they start litigation. If they can after 6 years.
  • sourcrates
    sourcrates Posts: 31,540 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 5 January at 2:24PM
    It`s for data protection reasons, they have to be sure the details they have on file match with your own.

    If they believe you owe this money its up to them to prove it, not up to you to prove you don`t. 
    This tit for tat, back and forth is pointless, doesn't matter what they say, the only thing that matters is if they start a court claim.

    I would simply ignore this as best you can, ultimately they can only attempt to force payment via the courts and after 24 years you have a complete defence to any claim, the debt is statute barred under section 5 limitation act 1980, simple as that.

    Whether or not it was your debt, someone else's, or accrued by fraud, the limitation act still applies here.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • ManyWays
    ManyWays Posts: 1,330 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    I believe it was from a clothing catalogue
    I suggest you put in a formal complaint to the debt collector, saying they are ignoring your proof that you only moved into the address in 2015. Point out that the debt in dispute is now also likely to be statute barred. Ask them to agree not to contact you in future about it or your complaint goes to the Financial Ombudsman Service.
  • FedupBrit
    FedupBrit Posts: 14 Forumite
    10 Posts Name Dropper
    I was thinking of the complaint and ombudsman as the next step, as I suppose it's either that of hiring a solicitor. I did it once with an estate agent and it's a real ordeal. But yes that does seem to be the way to go if they continue.
    It seems to me at this point that they're going down the harrassment route even if it isn't legally defined as harrassment. 
    Thanks again for the replies folks and happy new year. I'll keep things posted.

  • FedupBrit
    FedupBrit Posts: 14 Forumite
    10 Posts Name Dropper
    They dropped it and I heard nothing since. Don't want to resurrect an old post, but thought it might ease someone's mind in a similiar situation. Thanks again.
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