Husband being taken to court for a debt that is not his

Options
2»

Comments

  • sourcrates
    sourcrates Posts: 28,878 Ambassador
    First Anniversary Name Dropper First Post Photogenic
    edited 12 March 2019 at 6:26PM
    Options
    GDB2222 wrote: »
    Yes, these court proceedings are meant to be done with cards open on the table. So, you have to see all the evidence.

    You can pay at any time, and that puts an end to the matter, so hubby is wrong to panic.

    It's possible that TalkTalk have taken over a company that hubby did have a contract with, but that should become apparent well before the hearing date, and you can pay then. If not, the claimants do have to prove their case, and that's going to be difficult if they have the wrong man.

    Talk Talk has been a stand alone company since 2010.

    Prior to that it was a subsidiary of Carphone Warehouse, in that time it has not acquired accounts from other companies.

    Anything that may of been acquired prior to 2010 would now be statute barred, most likely scenario is that they have the wrong person, which is common with a DCA mis-trace.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • D_M_E
    D_M_E Posts: 3,008 Forumite
    Name Dropper First Anniversary First Post
    Options
    Having read your latest post, don't bother doing an SAR to Lowell as they have already admitted they cannot link him to the account AND they have been ordered by the court to prove he is the one.

    Just do one to TalkTalk.

    Could be worth complaining to the SRA about whatever solicitors they are using, if any, to pursue the claim.
  • Alipeeps
    Alipeeps Posts: 7 Forumite
    Options
    sourcrates wrote: »
    Talk Talk has been a stand alone company since 2010.

    Prior to that it was a subsidiary of Carphone Warehouse, in that time it has not acquired accounts from other companies.

    Anything that may of been acquired prior to 2010 would now be statute barred, most likely scenario is that they have the wrong person, which is common with a DCA mis-trace.

    Yeah, the limited info Lowells have sent us is that the account was opened with TalkTalk in September 2015 and was for a period of 18 months to March 2017. And the last payment made on the account was in Jan 2016.
    sourcrates wrote: »
    There won’t be a signed agreement from talk talk, it’s all “use of service is acceptance of contract” nowadays.

    You only sign an agreement when you take out some form of credit.

    The letter Lowells has sent us seems to indicate that there is some kind of agreement (as they specifically mentioned that "the Assignor is unable to produce a copy of the original agreement" and, although I don't have their court claim form to hand atm, the particulars of their claim must have indicated so too as the judge's letter requires them to send to him and us "a copy of the agreement referred to in the Particulars of Claim".

    Which they've admitted to us in writing that the Assignor "can't produce". :D

    And obviously any other account details they have/can provide (e.g. address the account was registered at, DOB of the account holder, bank account the payments were made from, will not match hubby's details. So.
  • redux
    redux Posts: 22,976 Forumite
    Name Dropper First Anniversary First Post
    Options
    There's a bit of a paradox here, that if they find documents that don't show you as the client, they can't comply with the request to produce to you, due to data protection regulations.

    Why on earth they can't back realise and down gracefully, who knows?

    I have a very dim opinion of Talk Talk and their admin abilities anyway, but I needn't bore you with the details.
  • WhenIam64
    WhenIam64 Posts: 1,052 Forumite
    Options
    Could be worth complaining to the SRA about whatever solicitors they are using, if any, to pursue the claim.

    Doesn't work. A claimant can make any claim no matter how futile. Any distress is covered by [limited] costs should it get to a hearing. They usually don't get there.
    Unlike some here, I am not omniscient. If I am wrong correct me. I won't take offence.

    The law is like an ocean - have a swim but don't drown.
  • System
    System Posts: 178,094 Community Admin
    Photogenic Name Dropper First Post
    Options
    If you go to court and are found innocent then I would counter sue TalkTalk for damages.
  • -taff
    -taff Posts: 14,504 Forumite
    First Anniversary Name Dropper Photogenic First Post
    Options
    https://forums.moneysavingexpert.com/showthread.php?p=75577188#post75577188
    They seem helpful on this thread...
    theyhaven't posted on this one yet though.
    Shampoo? No thanks, I'll have real poo...
  • TalkTalk
    TalkTalk Posts: 1,948 Organisation Representative
    Photogenic Name Dropper First Post First Anniversary
    Options
    Hi Alipeeps,

    I'm sorry to read about the experience your husband has had with the DCA, this isn't what we like to hear at all. We'd like to look into this and make sure we get the issue resolved. If you can reach out to my team directly on Twitter (@TalkTalk), we can escalate the issue to a case manager for full investigation. You can also reach out on our Online Community or by using one of the contact methods on our Help & Support page if you'd prefer this.

    My apologies again for the inconvenience caused.

    Thanks,
    Becky - TalkTalk Social Team
    “Official Company Representative
    I am the official company representative of Talk Talk. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • fatbelly
    fatbelly Posts: 20,499 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    Options
    TalkTalk wrote: »
    Hi Alipeeps,

    I'm sorry to read about the experience your husband has had with the DCA, this isn't what we like to hear at all. We'd like to look into this and make sure we get the issue resolved. If you can reach out to my team directly on Twitter (@TalkTalk), we can escalate the issue to a case manager for full investigation. You can also reach out on our Online Community or by using one of the contact methods on our Help & Support page if you'd prefer this.

    My apologies again for the inconvenience caused.

    Thanks,
    Becky - TalkTalk Social Team

    OP - you should definitely take up this offer of help.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608.1K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards