Mistaken Identity on CCJ

questionsquestions_2

Lowell DCA keep writing to a miss k barker at my address demanding money. My name is miss k barber. I have written to them pointing out my name and if this money is owed by me that they provide proof but they have never responded, they just keep sending increasingly threatening letters to miss barker. I have been stuffing them back in the envelopes and writing "not known at this address" on them.

But if they do go to court with the name miss k barker, will I be liable? can they enforce miss barker's debt against me?

poorandindenial

No they can't. They have to prove that a debt is owed by YOU before they can take you to court for it. They are just being bully boys because they want the money. They don't care if they get it from the right person or not. You are only liable for your own debts. They won't go to court because you aren't the right person and they would be given a telling off by the judge.

You should report them to the OFT for their behaviour on the off chance they get a rap across the knuckles.

http://www.oft.gov.uk/news/press/2008/47-08

questionsquestions_2

Thank you, I needed that reassurance. I have worked so hard to clear up my credit file and debts and it makes me so angry that these companies behave like this

poorandindenial

Try not to worry about it, if it does show on your credit reference file (and it shouldn't but for your own peace of mind you might want to check anyway - you can do a free trial with experian - sign up through quidco and you will get paid for doing it) then you can flag it to the reference agency as not yours and they will have to amend their records as they have a duty to make sure information is accurate.

If they give you more grief post back here and some of the resident experts (sadly not me) will have letter templates and advice to hand to give you.

Good luck with getting these scumbags off your back as soon as possible.

rog2

poorandindenial wrote: »

You should report them to the OFT for their behaviour on the off chance they get a rap across the knuckles.

http://www.oft.gov.uk/news/press/2008/47-08

What a shame that that article does not actually name the companies involved - I'll be willing to bet that they would be well known on this forum.;)

qq - do not worry about Lowell - they are a particularily despicable example of the unprofessional chancer that can be found lurking in the innermost depths of the swamp of 'debt collection'.

If they persist in harrassing you, you should request details of the alleged 'debt' by requesting a true copy of the original signed consumer credit application, which they would be legally obliged to provide you with wthin 12 working days of your request, and without which they can not 'pursue you' for payment. In the unlikely event that they were able to provide a cca, this would prove, conclusively, that the 'debt' in question is not yours. See the following National Debtline link for information, and a 'template' letter that you could send them:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_agreement_and_account_details

It is, certainly, worth your while reporting Lowell to Trading Standards as they are certainly not acting in accordance with the OFT Debt Collection Guidelines, which can be viewed, and downloaded, on the following link:

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Good luck

questionsquestions_2

thanks both

BAILIFFCHASER

Lowell are intimidating little you know whats. Waiting for them to call me for my clients debt and see what they say. Will record them.