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Incorrect name of debt

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I recently recieved a debt recovery letter for £600 for someone whose name is like mine but spelt different by one letter.

I'm tempted to just throw it in the bin but I have a dodgy ex who knows enough about me and my family to take things out in my name. I've been chased for bills run up by him for smaller amounts in the past but have always paid up rather then risk bumping in to him again.

I'll be checking my credit file as soon as I get home just to see if this is a registered debt to me.

So

a) if I am liable for the debt (it could be something long forgotten as I've moved lots and lots) can they still persue me if they have the wrong name?

b) If I ring these debt collection people up, how helpful will they be in identifying where it is from (just a reference number at this stage)

c) if it is suspected that the ex has done this, should I call the police even if I don't know where he lives?

Yes, I'm totally naive in these matters but thanks in advance

Comments

  • Edinburghlass_2
    Edinburghlass_2 Posts: 32,680 Forumite
    10,000 Posts Combo Breaker
    I'll move your thread into the DFW where I'm sure there will be people who can answer your questions.
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Are you sure this debt is not yours? First thing i would do is ask them. I would definately not phone them - they would then have your number and constantly call you. Also never put your signature on anything you send to a DCA - just print your name.

    You should send this by recorded delivery so that they can't say they never received it (and print your name rather than sign).
    http://www.nationaldebtline.co.uk/england_wales/temp/4769_66491.pdf
    Dear Sir/Madam
    Account No: 4563210025897412

    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
    Mr A N Other

    This may only be the start of the process as they may not provide you with much information. If it is a CC or loan you can request a copy of the credit agreement and check the signatures. If it is not your signature, then i would contact the DCA, the original creditor and possibly also the police.

    If it is an old debt (No payments made towards it for 6 years) then it may be statute barred and unenforcable - there is another letter to send if this is the case.
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
  • Thanks - not entirely sure if this debt is or isn't mine as there is no reference to a 'thing' such as a credit card company which I might be able to identify it by - just a reference number.

    It is just very strange that the name is like mine but not the same as mine.
  • GeorgeUK
    GeorgeUK Posts: 7,737 Forumite
    Before you pay a debt, the DCA need to prove that it is yours. You aren't refusing to pay the debt, just a reasonable request to know what you are paying for - you shouldn't be expected to pay for someone elses debt. It may just be a typo, maybe not. Just remember never to send anything with your signature to them (or you may find it appearing at the bottom of a credit agreement)
    After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91

    Dad Gift 6k ¦ Savings & Inv Tst: £2,500
    Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0

    Total Owed: £2,270 (+6k) 11/08/2011
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