It's Not My Debt!

[Delta]

About 2 years ago I was being chased for a debt in my married name (changed name in 2003) of 5k that I apparently owed to Lloyds TSB. The first I heard about it was a nasty letter from a DCA.

I phoned them up and said not me guv, they wanted passports etc to prove that I wasn't the person they wanted, which I refused to do, the I contacted Lloyds and explained it all to them, they believed that I wasn't the person that they wanted and promised to explain this to the dca (I think it was Buchannan Clark and Wells)

Anyway the dca finally realised that the person they wanted was in Stockport and promised no further action so I forgot all about it, (as you do)

So Saturday I get a letter from Debt Managers Ltd in Scotland, again chasing this debt, but the difference is that this time the letter includes the debtor's user number and a password for paying it online. (DPA issue????)

So how do I go about it this time, I know that the onus is on them to prove I owe it, but Lloyds were happy that it wasn't me, I don't want to CCA them as I don't see why I should have to pay the £1, and I refuse to prove my id (which is what the last lot wanted me to do, though I hasten to add that I refused to send them anything.

So does anyone have a great letter that tells them where to go?

Or should I just ignore it, let them escalate it further (I have a feeling that this may be getting close to statute barred now) and show them up if they take it to court?

Thoughts, opinions, guidance all gratefully received.

[Curlyben]

Re: It's Not My Debt!

Oh dear.
Well it just so happens I have a letter to cover this

Dear Sir/Madam

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/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.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

I/we look forward to your reply.

Yours faithfully

At the end of the day the DCA must prove the debt os valid to you, and not you to prove otherwise.

[Mochamoos]

Re: It's Not My Debt!

Brilliant its like Blue Peter- Heres one I made earlier!


I would keep all of the letters, just incase it happens again in the future, you can just whip it out and tell the DCA to do one! :hug:

[Delta]

Re: It's Not My Debt!

Thank you Curlyben, thats just the type of letter I need.

I did phone Lloyds this morning and really had a go at them about it, they don't understand why the dca are after me as mine were not the details they sent to them, the gave the dca the details for this bloomin woman in Stockport, they said that they were going to phone the dca and tell them they have the wrong person, but then Lloyds said this last time and didn't!

Shall get the letter typed, printed and posted.

Muppets!