EddScott

Someone has used my wifes details to obtain items from a catalogue and the debt collection is now chasing her for it.

The account was started in Oct 01 and went into default in Nov 01. The address used was her parents old house but they moved out in Jan 01. We moved into our home in Jul 01. We were busy having a baby in November!

What we are having a problem with is proving that she wasn't at the address in late 01. She wasn't on the mortgage details and didn't have a bank account at that time.

I would state the 6 year rule but we're about 2 months too early. I don't think I can use the statute barred rule. I also don't want to use this rule as it suggests she did incurr the debt but won't pay - this is not the case.
They've given us 21 days to pay.

The house connected to the account is housing association and we've asked her parents to get proof of when they left.

I'm even more concerned that we're going to get more of these. If they've got away with it once they will surely have done it again.

Any ideas of how we can proceed.

davyboy

You married a girl who used to live in a housing association house?

It's her debt, she's fibbing.

HTH.

Dave

Luminous

iTrader: (3)

Well, the way it should work is that they have to prove you owe the debt.

Write to them stating your case, be clear and keep it simple. Make it clear that you firmly believe that you do not owe the money. Also make it clear that as you do not owe them the money, it is pointless for them to use debt collection agencies etc to contact you. You don't want them to rack up massive costs against you, just in case you do lose.

They are only able to claim the debt plus reasonable costs if this goes to court and you lose. You want to be able to claim that endless chasing up letters for payment were unreasonable, as you do not believe you owe the debt, and wish to contest their claims in court.

In short, the standard tactic for debt recovery is to scare you into paying. Threatening letters, showing increasing costs with doomsday scenarios are the standard method.

Just be clear, concise and firm but polite. Don't jump through their hoops, they have no right to demand all sorts of information from you. Just offer a reasonable explanation stating that any further debate needs to be in a court of law.

EddScott

Well gee, thanks y'all.

Hopefully someone will come along with a sensible reply.

Sonic'

Write to them asking for the orginal credit agreement as required as part of the credit consumer act

They have 14 days to give you this information

davyboy

Sometimes you have to look at the root of a problem.

EddScott

Well this is the thing. They've got to give us the original agreement to show the signature that was used. I would have thought that there must be a bank account or some proof of who the person was to set up the agreement.

I'm going to see if I can get election records that should show where she lived in 2001. Although we've changed mortgages, I've still got the original mortgage application which IIRC has a letter that states she does live at the address but won't be on the mortgage.

EddScott

And sometimes your better off trolling some elses thread. Would have thought with such a high post count you'd know better.

davyboy

So now I'm a troll for saying it's your fault for marrying her! Truth does not equal trolling....nor does humour!

I do like the fact that someone is saying my post is positive

sanf

Some of the points mentioned so far are correct, although can be viewed as ambiguous, you do have to show to a point it wasn't you. Your best bet is to make sure they can provide the original copy of the agreement.

If the DCA is working on behalf of a client, then the client being the mail order company should have the original agreement that was signed, if the DCA has purchased the debt then they should have the copy of the agreement.

I would suggest you write to them stating it was not your debt, and is a fradulant ID theft, then report it to the police as ID theft and get a crime number. This can then be past back to the DCA for their records.

You may also want to check your credit file, as this default may now be recorded against you. One small point, an account cannot be defauted one month after it is started, this process normally takes about 4 months min, including a 1 month notifiction of default, so make sure they have the correct start date on the agreement.

Hope it helps a little.

Sonic'

There are some example letters on one of the debt websites you can use as a template

here is one of them http://www.nationaldebtline.co.uk/en...5285_57481.pdf

IIRC you also have to send them a cheque for a pound to cover their costs, any original aggreement will have a signature on it, whether genuine or fraudulent

It is very difficult to prove a fraudelent signature though from what I have heard

Devildog

As above, (sort of) but:-

1) Report the matter to the police and get a reference number.

2) Write politely to the party chasing your wife, laying down the facts and giving details of the crime report reference number, the police officer dealing and the contact telephone number for the police station concerned.

3) Make sure that you also include a written statement denying that the debt is due by your wife.

4) Let them know politely that if they do not write confirming that they acknowledge the position you will get your solicitor involved and will be seeking to recover not only costs incurred but also damages for your and your wife's time and distress.

What's important here is to deny the debt is due by your wife, to state that it is a case of fraud, and to communicate fully and politely. I cannot stress that enough.

Do all that and you should be fine.

Brun

'kin hell davyboy - what rattled your cage. How would you feel if someone told you your wife is a scrubba and you shoudn't of married her as she used to live in a council house. Maybe before you knew her, she used to tickle the ***** of old Men for 50p a pop???????????

Brun

............there won't be a response to that for a while i see

EddScott

Nowt to do with me, was going to just let it go. Didn't want it messing up the thread.

I've told her to be calm and not get nasty with these people over the phone if the need arises to speak to them.

We're going to go to the police because whoever did this in 01 obviously got away with it and likely to have done it again. I can get an experian check done tomorrow to see if anything else is on there from her parents address.

Jerome

Has davyboy's account been hacked or something? Not someone I'd asscoiate with those type of comments.

Anyway, I strongly suspect that the people who moved in after your parent left got your wifes details from some post for her that arrived after her parents moved out. As well as the advice above, I would try and find out from the catalogue company what items were ordered, with dates, and to which address.

Once this is sorted, make sure you write to all the credit reference agencies and get them to remove the black mark against your wife's credit record (which will also affect you). Include proof that it is all sorted.

AndyC_772

iTrader: (2)

You can get a free trial on Experian Credit Expert, check credit rating, credit reports & file alerts - with Experian CreditExpert.co.uk right now - just ring up and cancel within the 30 days and you don't owe a bean.

My wife and I both checked our credit histories a few weeks ago - both accurate, thankfully. Surprisingly comprehensive, too.

wrx-kris

Bye bye

pvtpyle

https://www.annualcreditreport.co.uk/

Totally free and no need to give card details or cancel anything after 30 days.

Hope its of help.

what would scooby do

Not doubting you but that site is registered to a private individual, not a company or organisation plus half the pages on the site don't work which is worrying...

AndyC_772

iTrader: (2)

I thought that was odd too - lots of errors when I clicked the who? why? etc buttons. There are plenty of links to that site on Google, though, including one from the BBC news site.

I wouldn't wait for them to post something though - just register online at credit expert, and phone them to cancel in the morning.

jods

She is.
He shouldn't..
It was 20p...

sanf

There are 3 official Credit Reference Agencies in the UK:

Equifax, Experian & Call Credit. They are all recognised by industry bodies and work to strict guidelines laid down by the Data protection act. If you want to get your credit file then make sure you use one of the official agencies.

If there is any negative data recorded against you, then you need to speak with the lender that has recorded it, as it's not as simple as a black mark. The data will be supplied by the lender in question.