Being chased for a debt that isn't mine!

[UnluckyMe1985]

Hello,

I will keep this brief as it is a long winded story that has been going on now since 2007/08. Basically, in 2007/08 someone with the same name as me took out a social fund loan of nearly £1000. By fault of the social/job centre people I was left with this debt from someone else and they started hassling me for it. I managed to sort it (or so i presumed) and was told that it had been dealt with and removed frommy file (this was back in 2010). However, it would appear that they hadn't and I received a letter from a credit agency stating that i owed them the £1000. I contacted the department for work and pensions who told me that this debt had now been passed onto a third party. They have since removed the social fund from my name and i am assured that this is now clear. But they refuse to help with the credit agency, and have actualy told me that it's my personal problem!!

So, i have kept in contact with the credit agency since i received the first letter in feb. To be fair they have given me time to get it sorted...which ran out 4 days ago.

Any advice will be grately received.

Regards.

[FORCEOFONE]

Re: Being chased for a debt that isn't mine!

I received a letter from a credit agency stating that i owed them the £1000.

Who IS this credit agency

[UnluckyMe1985]

Re: Being chased for a debt that isn't mine!

Credit Security Limited.

[CleverClogs]

Re: Being chased for a debt that isn't mine!

It is the responsibility of a debt collector to prove that the alleged debtor owes the money rather than the alleged debtor proving they don't.

Tell therm to prove that you owe it.

[UnluckyMe1985]

Re: Being chased for a debt that isn't mine!

That's what I thought. I'm just furious with the Department for work and pensions who completely fail to see that this was caused by their incompetence! To add insult to injury, i even asked them for the paperwork which I had apparently signed...and they said that they couldn't due to the data protection act as i had reported it as not my debt! But surely they've broken that by forwarding this debt to a credit agency without properly checking it was mine in the first place. Idiots! argghhhh!!!

[UnluckyMe1985]

Re: Being chased for a debt that isn't mine!

I found this letter online which I am tempted to post on tues. As yet, i have only contacted them on the phone...

Dear sir/madam
I refer to your contact regarding the above accountwhich you claim I owe. I am informingyou that I do not recognise the debt and therefore it is DISPUTED.

Under the Office of Fair Trading Debt CollectionGuidance (updated October 2011) it states that it is unfair to send demands forpayment to an individual when it is uncertain that they are the debtor inquestion.

I would also remind you that the OFT states undertheir Guidance that it is ‘unfair’ to pursue third parties for payment whenthey are not liable and that it is deceptive and unfair in not ceasing collectionactivity whilst investigating a reasonably queried or disputed debt.

Furthermore, if you ignore and/or disregard claimsthat debts have been settled or are ‘disputed’ and continue to make unjustifieddemands for payment then this can amount to physical or psychological harassment,as detailed in the OFT Guidance.

I am also familiar with Section 40 of theAdministration of Justice Act.

I dispute this debt you refer to then I trust youwill make no further contact unless you can satisfy me that this debt existsand that I am liable.

If you subsequently cannot prove I owe this debtand if you continue to act in this irresponsible and unprofessional way then I willhave no other alternative than to report you to Trading Standards and theOffice of Fair Trading. I will alsolodge a complaint with the Financial Ombudsman Service and your tradeassociation, if appropriate, the Credit Services Association.

If I receive any communication from a / anotherdebt collection agency then it will be evident that you have sold this debt onwith the knowledge that it is disputed. Should this occur then I will report you to the government bodies andtrade association detailed above.

I now await written confirmation that this matteris now closed, you are not to contact me by telephone, instead by letter only.

I look forward to your reply by return.

Yours faithfully,

[wales01man]

Re: Being chased for a debt that isn't mine!

Is there any paperwork from the DWP?
Is the debt collector collecting on behalf of the DWP?
Was this identity fraud ever reported to the police?

[UnluckyMe1985]

Re: Being chased for a debt that isn't mine!

There is paperwork from the DWP. dating back to 2010. it's only letters stating how much is owed. Sadly, when it was supposed to have been sorted, i didn't get any written evidence that it had been. I was appling for uni at the time and it just slipped my mind. My mum was dealing with it to and she does not have any of the paperwork she kept either.. I was foolish to think that their word was good enough...hindsight is a wonderful thing.

it says on the letter 'drydensfairfax solicitors DEPARTMENT FOR WORK AND PENSIONS'.

It wasn't reported to the police innitially, as the DWP said it was mistaken identity and they saidthe details must have got mixed up their end. Even more frustrating is, to claim this social fund loan, you have to have to be on benefits...which i never have been. so the person that mixed it up, did a really good job..attaching a social fund loan to someone who has never claimed benefits. it doesn't make sense.
When I got the letter in Feb, i contacted the police and they said to contact the social fund fraud people and also CAB. CAB were useless. and the social fund people even more so, because after their 'findings' still reckoned that I owed the money....which i don't.

i am tempted to get a solicitor to clear it all but the best offer i have found is £205 an hour and she said it could take a few goes as she will have to apply to the courts for access to records due to the data protection act...what a kerfuffle eh?

[wales01man]

Re: Being chased for a debt that isn't mine!

As you say Social fund loans are for those on benefits and you have never been on benefits which is proveable you dont owe the money ,can you write to the DWP and ask for a letter informing you that you have never received benefits ,theres the defence to give if the dca takes it further.Rember if you dont owe the money no one can make you pay it why pay a solicitor as CleverClogs says you dont have to prove you dont owe the money they do

[UnluckyMe1985]

Re: Being chased for a debt that isn't mine!

True, I will write a letter to ask. Just a bit concerned that it takes them ages to reply and the credit agency are still pestering me.

[wales01man]

Re: Being chased for a debt that isn't mine!

Dont contact the DCA by phone let them send it all in writingyou can tell them the debt is in dispute

[UnluckyMe1985]

Re: Being chased for a debt that isn't mine!

Okay, I will send them a letter. I have also printed off a request form to the DWP requesting my records. Thanks for your help.

[wales01man]

Re: Being chased for a debt that isn't mine!

Thankyou i just looked at it from your side sometimes we dont realise we have the upper hand remember its not your debt

[bizzybob]

Re: Being chased for a debt that isn't mine!

Did any correspondence from DWP regarding this matter have YOUR National insurance Number in the reference or at the top? If not well there is your proof, as the DWP use NINO as the identifier, the debtors NINO will obviously different.

@wales01man "As you say Social fund loans are for those on benefits and you have never been on benefits which is proveable" Not strictly true, Budgeting Loans were only available to people on a qualifying benefit for six months or more, but a Crisis loan was/is available to ANYONE in an emergency with no other means of help, such as stranded away from home having lost a wallet or purse.

[wales01man]

Re: Being chased for a debt that isn't mine!

Te OP stated it was a social fund loan not a crisis loan if they were stranded away from home what would have been the chances of getting a crisis loan for a grand nowhere in the first post was a crisis loan mentioned on a social fund loan?