Still being persued for a debt that isn't mine

SkyCube · 4 May 2018 at 9:09PM

Hello everyone

I first posted to this forum in February last year when I was contacted by "Debt Managers (Services) Ltd" regarding a £150 debt apparently stemming from a Next Directory credit account. This was not my debt, I have never had any such credit agreement with Next (or anyone else for that matter). After some excellent advice from this forum and elsewhere I managed to get DM to back off with written correspondence insisting the debt wasn't mine and asking them to prove it etc.

The last letter I received from them stated "I can confirm we have taken on board your comments that you have no knowledge or connection to an address on Birch Close and your address has been removed from our file, you will receive no further correspondence from Debt Managers (Services) Ltd with regards to this matter."

That brings us to today, over a year later, where I have received a letter from Restons Solicitors, stating they are acting for Debt Managers (Services) Ltd and threatening court action over the same £149.50 Next Directory debt. They ask me to pay up by the 29th of this month or they "have instructions to issue a claim against you in the County Court". Accompanying the letter are forms for a financial statement they wish me to complete and a lengthy reply form (which does include the option "I dispute the debt").

So what do I do now? DM were clearly lying/not serious about removing me from their files and no longer bothering me (though I suppose going through a solicitor is technically different). Obviously I'm rather reluctant to reply using their own forms and have no intention of giving them my financial details.

What's going on here, is this a real threat (and if so, how serious?) or just more sabre rattling? They couldn't prove the debt before so I don't see how they could in court. Can I call their bluff again?

Any advice on how to reply to this nonsense would be greatly appreciated!

sourcrates · 4 May 2018 at 9:48PM

Im afraid its quite common for these type of debts to be recycled to another debt buyer to try their luck.

I would take this seriously as it sounds like a letter before action to me.

You should write to them quoting previous events, again insisting it is not your debt and that any action through the courts will be rigourously defended, you should also phone the financial Ombudsman helpline and see if they can be of any help in bringing Restons down a peg or two.

jonesMUFCforever · 4 May 2018 at 11:09PM

I would also state in your letter that if they cannot prove the debt is yours any further correspondence (unless to confirm its not your debt obviously)will be treated as harassment.

datlex · 5 May 2018 at 11:07AM

If you do get a court date make sure you attend, with the letter and any other proof you are not the debtor. You don't want a decision against you in your absence. (You hear horror stories of people not bothering to attend and then the court deciding against them). You may then chose to make a claim in the small claims court for your expenses in being taken to court- travel, your time, meals etc.

sourcrates · 5 May 2018 at 12:06PM

datlex wrote: »

If you do get a court date make sure you attend, with the letter and any other proof you are not the debtor. You don't want a decision against you in your absence. (You hear horror stories of people not bothering to attend and then the court deciding against them). You may then chose to make a claim in the small claims court for your expenses in being taken to court- travel, your time, meals etc.

You only have to attend court if the court decides a hearing is necessary, otherwise the court makes its decision based on what is written in the defense section of the claim form.

They have neither the time or resources to bring in each individual claimant and defendant for every case, especially when you realize how many judgements are made in a typical year :

"In 2017, 1,138,058 judgments were registered against consumers in England and Wales."

Or about 120.000 per month, 30,000 a week.

fatbelly · 5 May 2018 at 2:58PM

Good advice as usual above.

This sounds like a pre-action protocol letter to me so you should reply within 30 days, ticking box C and asking for all the relevant things listed in box I

https://debtcamel.co.uk/letter-before-claim-ccj/

When the claim comes the people to help are

http://legalbeagles.info/forums/forum/legal-forums/court-claims-and-issues/received-a-court-claim?105-Received-a-Court-Claim=

SkyCube · 7 May 2018 at 2:55AM

Hi everyone, thanks for the replies and advice. I intend to reply as sourcrates suggested, also including a scan of the last letter I got from Debt Managers where they seem to acknowledge that I'm not the person they want.

My question now is whether to use the form provided as well? I now understand this is a standard form and not something designed by Restons themselves, but seem to remember from the last time (when dealing directly with DM) that it was considered a bad move to give them my signature, lest it be used for nefarious purposes. Should this still be a concern with Restons? If so perhaps its better to avoid the proper form for now and try the letter on its own first?

Also, if I do use the form, is there any reason why I should tick option C (as fatbelly suggested) as opposed to D? I have no doubt this is not my debt and don't really want to give them any suggestion otherwise.

Thanks again, Doug.

sourcrates · 7 May 2018 at 12:58PM

SkyCube wrote: »

seem to remember from the last time (when dealing directly with DM) that it was considered a bad move to give them my signature, lest it be used for nefarious purposes.
Thanks again, Doug.

This no longer applies, back in the good old days, some debt collectors would attempt to transfer your signature onto a credit agreement, to make it more believable.

But this was a waste of time and effort anyway, as there is no requirement for a credit agreement to be signed for a sec 77/79 request.

So does not apply to you in this case at all.

fatbelly · 7 May 2018 at 1:02PM

Option D is OK - you can still ask them for all the documents in box I.

SkyCube · 8 May 2018 at 10:51AM

Thanks guys. What documents do you suggest I ask them for?

fatbelly · 8 May 2018 at 6:42PM

The form suggests:

Additional documents or information that you might need could include:
• A copy of the written contract for the debt
• A full statement of account, including details of all interest and charges included on the outstanding balance of the debt, explaining how they have been calculated, and any payments already made toward the debt
• A calculation of the interest claimed
The annual or daily rate of interest
• A description of the nature and amount of any administrative charges included in the debt
• A copy of the notice of assignment of the debt

You could ask for the lot.

Still being persued for a debt that isn't mine

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