Being chased for a debt that isn't mine!

[UnluckyMe1985]

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

Yes it did. That was the first thing I checked.

[bizzybob]

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?

Both the loan types i mentioned ARE Social Fund Loans, I used to work in Social Fund, a loan of £1000 or more would only be possible for a large family as a Budgeting Loan, who were on long term benefits so OP is most likely being chased for someone elses debt. Best put the DCA on strict proof , as in what NINO is on the debt, when challenged they may well hide behind DPA. DWP should be forced or shamed into sorting this, MP involvement may be an option.

[MissFM]

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,

Hello UnluckyMe

I absolutely agree with the advice you have been given above but think that, although this letter is probably fine, it's a bit longwinded and makes you look evasive. Plus, the longer the letter, the less likely they are to read it properly. You are absolutely in the right here, the debt is not yours. On the grounds that usually if I get it wrong someone better equipped will come along to correct I am suggesting something like the following:

In response to your letter of the….:
As you are aware the debt you mention has nothing to do with me and the DWP has acknowledged the previous erroneous association with me to be either mistaken identity or identity fraud.

The loan to which you refer would in any case only be available to a person claiming benefits and I have verifiably never done so.

Your harassment of me for someone else's debt is unlawful and I would ask you for a written apology and a written undertaking to cease immediately from further demands for money not lawfully due to you.

Please better qualified Beagles correct!

[bizzybob]

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

Hello UnluckyMe

I absolutely agree with the advice you have been given above but think that, although this letter is probably fine, it's a bit longwinded and makes you look evasive. Plus, the longer the letter, the less likely they are to read it properly. You are absolutely in the right here, the debt is not yours. On the grounds that usually if I get it wrong someone better equipped will come along to correct I am suggesting something like the following:

In response to your letter of the….:
As you are aware the debt you mention has nothing to to with me and the DWP has acknowledged the previous erroneous association with me to be either mistaken identity or identity fraud.

The loan to which you refer would in any case only be available to a person claiming benefits and I have verifiably never done so.

Your harassment of me for someone else's debt is unlawful and I would ask you for a written apology and a written undertaking to cease immediately from further demands for money not lawfully due to you.

Please better qualified Beagles correct!

Looks OK to me, but I would also report the DCA to trading standards.

[MissFM]

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

Looks OK to me, but I would also report the DCA to trading standards.

Absolutely bb

[labman]

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

I'd specifically mention written confirmation that the DCA has been called off as well. The fact it is not one of the many template letters they must receive may well make it more believable.

I agree with Miss FM that the original is a bit over the top for this. If a polite letter doesn't work, there is plenty that can be done later to bare the teeth a little more.

[MissFM]

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

I'd specifically mention written confirmation that the DCA has been called off as well. The fact it is not one of the many template letters they must receive may well make it more believable.

I agree with Miss FM that the original is a bit over the top for this. If a polite letter doesn't work, there is plenty that can be done later to bare the teeth a little more.

Please would you pop in a golden phrase Labs?

[labman]

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

In response to your letter of the….:
As you are aware the debt you mention has nothing to do with me and the DWP has acknowledged the previous erroneous association with me to be either mistaken identity or identity fraud.

The loan to which you refer would in any case only be available to a person claiming benefits and I have verifiably never done so.

Your harassment of me for someone else's debt is unlawful and I would ask you for a written apology, as well as a written undertaking to cease immediately from further demands for money not lawfully due to you and confirmation the Debt Collection Agency has been instructed to stop pursuing me for this alleged debt.

How's that?

[MissFM]

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

I'd've thought brill!:firstxx

[CleverClogs]

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

May I offer a version of this?

In response to your letter of the….:

As I have previously made you aware, the debt you mention has nothing to do with me. The DWP has acknowledged the previous erroneous association of the debt with me to be either mistaken identity or identity fraud.

Your harassment of me for someone else's debt is unlawful.

I therefore request:

• a written apology
• a written undertaking to cease immediately from further demands for money not lawfully due to you
• written confirmation that the matter has been passed back to your client to stop other Debt Collection Agencies pursuing me for this alleged debt
• all reports on my credit files regarding this alleged debt will be removed and expunged, and written confirmation that this has been done.

I hope I will not need to write to you again. However, I reserve the right to seek damages should the above requests not be fully satisfied.

[MissFM]

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

May I offer a version of this?

In response to your letter of the….:

As I have previously made you aware, the debt you mention has nothing to do with me. The DWP has acknowledged the previous erroneous association of the debt with me to be either mistaken identity or identity fraud.

Your harassment of me for someone else's debt is unlawful.

I therefore request:

• a written apology
• a written undertaking to cease immediately from further demands for money not lawfully due to you
• written confirmation that the matter has been passed back to your client to stop other Debt Collection Agencies pursuing me for this alleged debt
• all reports on my credit files regarding this alleged debt will be removed and expunged, and written confirmation that this has been done.

I hope I will not need to write to you again. However, I reserve the right to seek damages should the above requests not be fully satisfied.

that is even better IMHO - seriously brilliant - CC :high5: - Def what I would send in the OP's situation FWIW.

[labman]

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

Show off!

Agreed, a good letter!

[UnluckyMe1985]

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

Yes, this is way better than the letter i had previously typed up! thanks.

[wales01man]

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

Cnt wait for their reply probably be just another threatogram or an offer for you to pay in instalments ,just stick with it let them dig a hole for themselfs

[bizzybob]

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

You could add that as the actual debtor's National Insurance Number is different, and the NINO serves as a reference and unique identifier within DWP for all UK Citizens; DWP have admitted the debt is not yours.

As to the DCA, is it CCS "Collect?" thay are a nasty bunch are they associated with Link by any chance?