Being chased by debt collectors for a debt that isn't mine

[Joolsiam]

1998, having just exchanged contracts on a new house, I get a very upsetting letter addressed to a *Mr" with the same surname and initial as me, threatening baliffs to collect and unpaid debt - I phone up, very upset and worried - as soon as they realise I am female and obviously not the debtor, they tell me they will cancel the baliffs.

Every bloody year since then (despite moving house and now residing in a different county) I get one of these letters from a debt collection agency - normally soon after the electoral roll closes in Oct.

The latest time, the woman I spoke to was a bit funny on the phone - can't remember what she said - she did say she would update the records to say the debt wasn't at my locaton, but wouldn't concede that they had made a mistake. I wanted her to admit that they just trawl the electoral roll, looking for likely candidates but she wouldn't and claimed she didn't understand how this has happened.

Today, I've received another letter from another debt collector, telling me to get in touch within 14 days. I presume that the debt has been sold on to another company. It is unusual to get more than one such letter a year, so I am now royally pissed off and worried about my credit rating. I want to stop this once and for all. Does anyone have any idea how I don't just stop it till next year, but prove once and for all this person who owns the debt is nothing to do with me and they should not contact me again ? I worry that one day this letter will arrive when I am out of the country and I won't know anything till the bailiffs appear on my doorstep

The debt is for £1009 and is now over ten years old - when will they admit they can't find this guy and give up - grrr

Any advice much appreciated, thankyou

Complain to your local trading standards I would say. Someone is clearly not making sure they have a valid right to chase the debt with you because they haven't verified that you are the person who the debt is due from.

How awful for you though

Watchdog have been running articles on debt collection agencies over the last few weeks. You should check on their website as there's bound to be some information or links to organisations that can help.

The basic tenet of their articles is that it is up to the agency to prove that the debt is yours and that if they can't produce documentary evidence to support it then they should take a flying leap!

Or it might be worth getting in touch with Watchdog about it since it's a topical issue for them at the minute.

Even if the baliffs come to your door, they can do nothing. You are not mr so and so. Go to CAB, they might write a letter for you.

Letter is not addressed to you though is it? Perhaps return to sender, not known at this address might be a good move.

We got this a few years ago, letter addressed seemingly to my now exH, we couldn't figure it out at all. When we phoned they say oh sorry we just thought you might be the right one, so basicly they just got his name off the electoral roll or the telephone directory. Thankfully nothing further.

We've had letters like this from various companies for the man who lived here before, and even a visit from the police. No wonder he had a baseball bat hanging up in the conservatory when we came to look round. In the end I had to open his mail and ring the companies up myself as sending them back with 'no longer at this address' didn't seem to deter them.

AFAIK it is illegal to chase debts over 6 years old so I would follow this up now and get them to stop chasing

Agree with DAGTD with regard to age of debt. Don't contact by phone. Send a CCA request-it costs £1.00 and should establish whether you owe the debt or not. BTW-I'm not suggesting you do. Whoever is demanding the money should be able to prove who owes it. .

I'd say don't open the letters either bin them or return them with "not at this address" scrawled across the front. Don't call them and definitely don't give them your telephone number.

Most letters sent by these agencies are system generated so don't let the wording or anything upset you. They will go to any lengths to reclaim as much money as they can for old debts that they have bought and rely on your/anyones lack of knowledge to have it repaid to them. I used to work for a collection agency years ago and they bought debts for 25% of the amount owed, so anything collected back above 25% was profit. (I left because it was so underhand it was unbelievable!!)

Debts more than 6 years old cannot be pursued, they can do nothing. Ignore, ignore and ignore. You will drop off their system once you ignore a few of their automatic letters.

It's six years since last contact though, not the debt so that's why they are still chasing.

When you fill in the electoral roll make sure you tick the box for the edited register, keep your number unlisted and register with the TPS.

Many thanks for the suggestions

I had a look at the Watchdog site - they seem to have been dealing with people being chased for debts that have not been incurred / already been paid, but not with this kind of mistaken identity situation. There is a standard letter on there that I may well try and adapt to my situation.

The letter sent to me does look standard and I am certain they are just trying it on from the electoral roll entries (DP did it, so obviously didn't go for the more private option). I was interested to note that my phone number is also on it - perhaps because I phoned the last company last year to tell them it wasn't me.

I opened the letter (as I only saw the surname, not the fact it was for this other guy), so can't send it back.

It sounds like the options are to send a letter recorded delivery, or to completely ignore this letter. I think I shall seek further advice, as I'm scared to completely ignore it unless this agency then take action that affects my credit rating or causes baliffs to arrive at the door.

They are phishing-your details are the same or similar to the people they are looking for. Send a letter (by recorded delivery) requesting a copy of the original agreement along the lines of...

Dear Sirs

'With reference to your letter of (date & any account no. etc) please provide me with a copy of the relevant credit agreement.

I am aware that under the Credit Consumer Act 1974 (Sections 77-79) I am entitled on request to receive a copy of my credit agreement within 12 working days on payment of the prescribed fee of £1.00 (enclosed).

I further understand that creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

I look forward to hearing from you in due course.

Yours faithfully

etc etc.

Do not sign!!!!!!!! Print your name and enclose a PO or get someone else to send a cheque.

Hope this helps.