Debt Collector Advice Please

KittyKate

About 3 years ago, whilst at Uni, one of my halls mates stole my chequebooks for 2 accounts and went on a spending spree. The first account I got sorted out (eventually). The second I sent a letter about and thought it was sorted out. (Yes I know I should have chased it up but I was a stupid student!)

Now a few months ago I got a postcard saying 'Mr Banks will call next week..please call this number', well, a google search told me it was First Credit Management (FCM), not thinking I had anything to worry about I called, they said they were collecting on behalf of this bank account, I told them, er, this was fraud, I contacted the bank literally years ago about this. And why was it sold to a tracing company when I haven't moved house, and why am I being charged £70 to be traced - at home!?

Anyway mainly the problem is that after repeated letters/phone conversations I'm not getting anywhere. Turns out the letter I sent to my bank was ignored because they thought it was to do with my other bank which I had fraud problems with at the same time (they're the same group of banks). The debt collectors sent me copies of my statements and asked me to circle the fraud - then sent me statements from months after the fraud took place, with no actions on them, just carried over debt!

I'm not happy that FCM have copies of my statements etc anyway especially as every time I call the bank they say 'its in the hands of FCM now', who are not my financial provider and are totally inadequete in dealing with fraud cases. I rang FCM and asked for a copy of all actions to my account - very interesting reading - it basically summed up that they were ignoring me (comments on my account like 'really need to do this now') - they even knew the statements were useless and sent them to me anyway with a cover letter saying 'circle the fraud'!!!

Anyway the last record on the report before it was posted to me says 'client wants earlier statements but not enough time b4 acct closes out to get'.

What does this mean? Is time running out from the original fraud in August 2002? I've placed the entire matter in the hands of the Financial Ombudsman who are dealing with the case directly with my bank, but in the meantime (I have 6 weeks to wait for my bank's response to my complaint then 6 months to respond to it), what will happen? Sounds like the debt collectors are running out of time.

Anyone know where I stand?

Xbigman

I don't think there is a time limit on this so they are not running out of time as such, although there is a six year rule on debts which doesn't apply now. If they have your correspondance and a letter from you telling them it was fraud which they ignored, then you have a strong case and they know it.

By the looks of it they have assumed some of the money owed to the bank is actually owed by you, so the debt collectors sending you statements to identify which transactions are fraudulant is standard proceedure. If you cleared all your spending and only left the fraudulant debits on the account unpaid for then tell them that. I'd go through these statements carefully and make sure you owe them nothing. The debt collectors will probably continue to chase the money they think you owe but stick to your guns and don't give them anything. I don't think they have a prayer but you will have to put up with the hassle of dealing with them for a bit longer.

Also, have your requested copies of all the cheques? You should soon see which signatures match.
Regards




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