Debt Collectors Called but is the debt ours?

Quickblood

My mother has just received a letter from a debt collector who wants a payment of £200 to be made in the next 7 days.

The problem is my mother doesn’t recognise the debt and the spelling of her name on the letter, which is slightly different, indicates that the debt belongs to my cousin (named after my mother) who lived with us several years ago but has now emigrated.

We tried to contract the debt collector to establish who actually owns the debt but they were wholly uncooperative insinutating that we were trying to deceive them, refusing to help prove it was my mother's debt and claiming she had to seek legal advice which would cost us money.

I’m wondering what I can do to help. They say they’ve sent several letters demanding payment but this is the first my mother has heard of plus the debt seems to be for a catalogue my mother says she’s never owned.

If it’s her debt she’ll gladly pay it but she doesn’t believe it’s hers and wants proof. What can we do?

fermi

If she does not believe the debt is hers and they will not provide proof, then just send the the generic "prove it" letter from National Debtline.

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

Quickblood

Googling the company, Pheonix Recoveries (UK) Limited I found a couple of threads where people have had a problem with the company.

Anyway I found this letter too

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 under S189 of the CCA 1974.

Non-compliance with my request is an 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.

Think I'll try and merge them.

Thanks for the advice.

RAS

Quickblood

The CCA letter is used when it is unclear whether the debt is your or not, what it relates to or you need to clarify who actually owns the debt (it is not unusual to have two DCAs involved and you should only pay one).

You know that the debt belongs to your cousin, so Pheonix are chasing the wrong person. Fermi's letter is the correct one for you circumstances.

If Pheonix write again, other than to say sorry and we have removed your details from our record, you should come back here and we will refer you to the trading Standards who licence DCAs and the Inforation Commissioner, because Pheonix are holding incorrect information.

Can you just check as well that you cousin is no longer on the electoral roll at your mum's, although this is not relevant to the situation, it makes it more likely that DCAs will contact the address if there are any other debts out there.

Quickblood

Last Question. As the problem relates to my mother and my cousin both having the same name but different spellings what I don't want to happen is that now armed with my mother's correct details they then go ahead and change things to make this debt appear to be my mothers.,

I'd hope this is something they couldn't do as my mother is considerably older than my cousin so their names and dates of birth shouldn't match.