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receiving letters for a debt that is not mine?

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  • receiving letters for a debt that is not mine?

    Hello I'm just looking for some advice, I'm not sure the best way to deal with this

    I took out two catalogues when I was 18 and let a customer use them both then they got into debt problems and couldn't pay the bills, we contacted the companies who agreed that as this wasn't my debt they would allow the debt to be put onto the customers debt management I thought that would have been the end of it but years and years down the line I'm receiving debt letters and have received one saying they are going to take me to court I have received statements this morning stating that the customers last payment was June 2014 my question is do I now have to pay this debt, even though it's not mine? I don't know what the best action would be please any advice would be excellent thank you
    Tags: None

  • #2
    Re: receiving letters for a debt that is not mine?

    Hi Mummyto2

    Welcome to LB.

    we contacted the companies who agreed that as this wasn't my debt
    Do you have written proof?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: receiving letters for a debt that is not mine?

      Originally posted by charitynjw View Post
      Hi Mummyto2

      Welcome to LB.



      Do you have written proof?
      no I didn't keep anything but the statement they sent me have all the payments made by the other person and surely they would have details of who was paying the bill. The last payment they actually received from myself was January 2006

      Comment


      • #4
        Re: receiving letters for a debt that is not mine?

        Ok

        The obvious question.....have you tried to contact the person who had the benefit of using the agreement with a promise to pay?
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: receiving letters for a debt that is not mine?

          Which catalogue company are we dealing with?
          Up until a couple of years ago Shop Direct would always chase the agent's customer if they defaulted.
          Only recently did they change their policy to making the agent responsible for all the business passed through the agent's account.

          Comment


          • #6
            Re: receiving letters for a debt that is not mine?

            Originally posted by charitynjw View Post
            Ok

            The obvious question.....have you tried to contact the person who had the benefit of using the agreement with a promise to pay?
            No I don't talk to them anymore we haven't spoke in years I don't even know where they live now

            - - - Updated - - -

            Originally posted by des8 View Post
            Which catalogue company are we dealing with?
            Up until a couple of years ago Shop Direct would always chase the agent's customer if they defaulted.
            Only recently did they change their policy to making the agent responsible for all the business passed through the agent's account.
            it is Kay's and littlewoods extra.

            Will it help if if they have the details on file that all the payments haven't come from me? Would I be able to agree that why would someone pay for a debt if it's not there's? Also I was reading about statute barred debt would this not count as there was payments made even though they wasn't made by myself?

            Comment


            • #7
              Re: receiving letters for a debt that is not mine?

              Kays and littlewoods are now Shop Direct.
              You might find this decision by the F0S interesting and quote it to Shop Direct! http://www.ombudsman-decisions.org.u...x?FileID=20257

              In particular: I also note that Shop Direct only introduced the payment liability in 2008, many years afterMs C first ordered goods from the Littlewoods catalogue. I am not persuaded that simplyhighlighting changes to its agency terms and conditions in its annual catalogue – and not, forexample, writing directly to customers – is good enough.

              And this dwcision: http://www.ombudsman-decisions.org.u...x?FileID=21376

              Note the £150 compensation payable!!!!!

              Comment


              • #8
                Re: receiving letters for a debt that is not mine?

                Generally speaking, once someone has signed a contract/agreement, they are bound to it even if they do not receive the benefit from the contract.
                There are exceptions to this, but imho I don't think you can plead 'non est factum' (roughly translated 'the debt/deed is not mine).
                If it were me, I'd approach this by sending a SAR to each of the original creditors to get all of the data they hold on these agreements. It will cost £10 each, but could prove invaluable. The SAR may even reveal an agreement between the 3 parties involved in each of the cases, & if so, it could be that novation was agreed.
                I would also send a CCA s78 request + £1 fee to each of the current 'owners' of the alleged debts (these may be different firms to the debt chasers, as they often use debt collection agencies (DCAs) to do their dirty work. If the letters refer to 'their client', it would be the 'client' who is served with the CCA request, regardless of the DCA's insistence that you deal with them.) And non-compliance with a CCA request will mean that they can't enforce the claim until/unless they do comply. It is for the claimant to prove that a debt is legally owed.
                They may well have a problem doing so without compliant documentation, particularly for such old (pre 2007) agreements such as these.
                SAR - http://legalbeagles.info/forums/show...quest-template
                CCA - http://legalbeagles.info/forums/show...y-of-Agreement
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb


                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.


                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment


                • #9
                  Re: receiving letters for a debt that is not mine?

                  Originally posted by des8 View Post
                  Kays and littlewoods are now Shop Direct.
                  You might find this decision by the F0S interesting and quote it to Shop Direct! http://www.ombudsman-decisions.org.u...x?FileID=20257

                  In particular: I also note that Shop Direct only introduced the payment liability in 2008, many years afterMs C first ordered goods from the Littlewoods catalogue. I am not persuaded that simplyhighlighting changes to its agency terms and conditions in its annual catalogue – and not, forexample, writing directly to customers – is good enough.

                  And this dwcision: http://www.ombudsman-decisions.org.u...x?FileID=21376

                  Note the £150 compensation payable!!!!!
                  Thank you, do you think it would be advised to contact the ombudsman?

                  Comment


                  • #10
                    Re: receiving letters for a debt that is not mine?

                    When following [MENTION=5553]charitynjw[/MENTION] advice I would just mention that you are aware of the FoS decisions.

                    If they don't drop the matter at that point you must continue to defend yourself as per advice from others, but I would then make complaint to FoS.

                    Comment


                    • #11
                      Re: receiving letters for a debt that is not mine?

                      Originally posted by des8 View Post
                      When following @charitynjw advice I would just mention that you are aware of the FoS decisions.

                      If they don't drop the matter at that point you must continue to defend yourself as per advice from others, but I would then make complaint to FoS.
                      In light of your links, Des, I would do both your suggestion & mine.
                      The Ombudsman has more latitude to make a decision based on matters which may be outside of the stricter interpretation of the law.
                      Good find!
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: receiving letters for a debt that is not mine?

                        Thank you so much for your advice, I've contacted the ombudsman who said they are going to send a letter to the original creditors shop direct to ask why a debt that was originally agreed to go onto the customers debt management can be sent onto me years later when the debt had been signed over out of my name. They informed me to contact reston solicitors and tell them to put an hold on the account until it is investigated I've just called them and they was been quite funny to be honest but I didn't get into a conversation with them I just told them what I was told hopefully I will get some kind of answers and my stress levels can come down a little after all the stress this company has caused me

                        Comment


                        • #13
                          Re: receiving letters for a debt that is not mine?

                          Just confirm your telephone call to Restons in writing.

                          Comment


                          • #14
                            Re: receiving letters for a debt that is not mine?

                            send it Recorded Delivery and attach to a copy of the letter sent, as Restons are useless when told to do something, you have evidence if they do not follow the request

                            Comment


                            • #15
                              Re: receiving letters for a debt that is not mine?

                              Originally posted by des8 View Post
                              Just confirm your telephone call to Restons in writing.
                              Is it better to write to them? Are they known for not putting notes on their system? Wil it be best to send the letter recorded delivery? Thank you

                              Comment

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