Being chased for a debt on CC she never took out

postingalwaysposting

gratton20 wrote: »

Sorry to sound daft but who is FOS?

Thanks for all your help everyone I will get the letter done again and ready to send on Monday

Financal ombudsman service ~ FOS

gratton20

Hi everyone,

I have just done this letter ready to send the DCA ... Is it OK to send like this? You more expert opinions would be very helpful, sorry to be wittering on so long about what must seem a petty thing to many of you with your bigger probs.




COPY & PASTE STARTS

Dear Sirs
Thank you for your letter. I repeat the information that I gave you last September
THIS ACCOUNT IS NOT MINE. (Your Ref: **********)
I have not lived at that address since I married in December 1990. The details on the photocopied agreement show a signature that is NOT mine. The details regarding my partner are wrong, the occupation, and the date of birth. The so called bank account is non existent. I am NOT obliged by law to supply you with any proof. You are required, if you so wish to sue in the county court but YOU will be required to prove your case. I REPEAT THIS IS NOT MY DEBT.
Even if this were my debt, which it is NOT, it would now be STATUTE BARRED as it is certainly more than 6 years since any communication was made about it, in fact, until your letter last September I had NEVER been contacted about this alleged debt, which I repeat IS NOT MINE.
I do not have a passport or driving licence and I am not intending to furnish proof to you of residency since you can, if you wish, refer to public documents, i.e.; electoral roll. The law says I am not obliged to do this for you. I will not engage in further correspondence regarding this matter with you. I am aware of the law and would warn you that should you resort to “bully boy” tactics you WILL be reported as being in breach of the Consumer Credit Act in respect of debt collection agencies methods. You are, or should be aware, of the provisions relating to harassment of alleged debtors and calls to this property which I expressly forbid you from doing either in person or by phone will place you in breach of those provisions
Please be assured that I have taken legal advice and any attempt by you to pursue this alleged and NON EXISTENT debt will be defended to the full extent of the law. I trust I have made this situation crystal clear to you. Your company is certainly well known for its dubious business practices both on the internet debt forums and to CAB officers and Trading Standards and I am not a person that you can intimidate BE AWARE!

I Shall be making a formal complaint to FOS under the procedures set out by the Financial Ombudsman.

My complaint to them is based upon the fact that you are attempting to collect a debt based upon a fraudulently concocted agreement and one that would be statute barred in any case. A fact that you must be aware of and are therefore deliberately acting illegally in attempting to enforce

If you wish to correspond with me further, then I demand a "final response notice" from you that I can forward to the FOS. This is a legal requirement for you to comply. I require that any further communication is in writing only, you may not phone, visit or use any other form of communication. Following receipt of this instruction you are required by law to comply and if you don’t you WILL be reported for this breach too.

Yours faithfully
(wifes name)
This letter is not signed as I have been warned of the practice of forging signatures by DCA’s to fake correspondence etc


COPY ENDS

Poosmate

Yay! Way to go husband and wife tag team!

Hope they get the message.

And just for the record, no problem is petty, regardless of size, if it is causing undue stress or worry to the owner.

Hope you get it sorted

Good luck

Poo

poorandindenial

Hi Gratton

Just a couple of things I would change. I wouldn't make reference to the forging of signatures, instead just sign off as normal (ie yours faithfully or whatever) and don't sign it. I also would delete the dubious business practice bit, I don't think it adds anything to the point of the letter.

The only other thing is that it is not illegal for anyone to try to collect a statute barred debt, from what I can tell the debt is still there and is still owed (or not as the case may be here as it was fraudulantly obtained) but it can't be enforced through the courts however the OFT do deem it unfair to chase so you might want to tweak this.

Check out this letter from the Nationaldebtline website to see if there is anyhtign you have missed/want to put differently:

http://www.nationaldebtline.co.uk/england_wales/temp/3637_46281.pdf

And for ref: the letter for statute barred disputes:

http://www.nationaldebtline.co.uk/england_wales/temp/8491_63351.pdf

gratton20

Thanks for the input. I will make the changes suggested to the letter. You are all very helpful and friendly and know your stuff ... its what really helps! Thanks again:T

poorandindenial

Hopefully this is the last you will see of them, do pop back and let us know how you get on

Good luck

gratton20

poorandindenial wrote: »

Hopefully this is the last you will see of them, do pop back and let us know how you get on

Good luck

Thanks, I certainly will!:D

gratton20

Hi everyone

Just updating you as promised about the DCA. I sent the letter on 12th May by 1st class recorded, they signed for it on the 13th, and to date not a word from them ... I reckon they may have realised they are on to a hiding to nothing, lets hope so!

Thanks for all the advice guys, I will post again if the DCA do write again