1st crud default debt not mine but paid towards it

[messimoo]

Been cleaning up credit files when I discovered a debt which was not owed by me , I remember about 5 years ago having a few debts starting paying for them but after getting savvy realised this was not my debt and stopped paying in 2010 after paying off alsomst 2000. !st Crud decided to try and get a ccj against me but was discontinued as could not be proved. Then connaughts decided to try the stat demand threat as well as scanning my credit files 5x in 6 weeks to discredit me further.

I asked for my money back and all defaults and searches to be removed. They sais they would remove the searches but not the default or refund the money.

I e mailed my contemp for them quoting the fraud by misrepresentation act and told them I would report to police. anything I can do to get money refunded and default removed ???

[teaboy2]

Re: 1st crud default debt not mine but paid towards it

Inform them that the payments you made where paid as a result of their falsely representing to you that the debt was yours. You paid £2000 towards the debt prior to finding out the debt was not yours in the first place, and that you were therefore not liable for the debt and never was. Make it clear to them that if they do not refund the amount your paid with 8% interest, then you will take legal action against them for fraud by false representation under the fraud act 2006 but also for libel as if they also continue to refuse to remove another persons default from your credit file as the default is for a debt that was never yours to start with and is therefore clearly inaccurate and they are also as a result in breach of the data protection act 1998. Give them 14 days to refund you and to comply with the removal of the default and all notes they have wrongly placed on your credit file.

You should send it to 1st credit asince they were the ones that started this, the current DCA is merely acting on what 1st credit has told them. But send a copy to the current DCA as well informing them you have sent it to 1st credit. Include both companies reference numbers etc.

[messimoo]

Re: 1st crud default debt not mine but paid towards it

it was only ever with first crud, There was never ever proof it was mineat all. I e mailed Kindom or condom or what ever his name is (latter better as he is a p***) told him about the fraud by mireprensentation and data protection act and he replied by stating he would be happy to speak to police, etc in a very sarcastic E mail.

We have nothing further to add to our final response.

Needless to say, we are very happy to discuss the matter with both the Police, The OFT and Trading Standards. Please provide them with my details.

Regards

Mr R Kingdon




I can imagine him smirking behind his keybord as he was writing that pile f bovine excrement

[teaboy2]

Re: 1st crud default debt not mine but paid towards it

Simply send him a letter before action, hes merely wanting you to go to the police as he knows they will simly call it a civil matter. Where when it is made clear to him that you will pursue it via the civil courts were not only would his company directors face criminal court as a result (if the civil court judge finds fraud had indeed taken place) but he would likely lose his job for his inaction too. Then i very much doubt he will have a smile on his face and he will likely reconsider.

So send a Formal Letter Before Action, using what i put above earlier in regards to the fraud and libel issues, demanding a full refund plus 8% interest and the removal of all notes and defaults wrongly placed on your credit file within 14 days from the date of the letter, making in clear you will commence legal action without further notice if he does not comply.

[Guest]

Re: 1st crud default debt not mine but paid towards it

Hi

Yes it is a risk you run when you start quoting the fraud act and other criminal legislation, they tend not to take you seriously, they know that if there was a case for this they would be getting the cal from the police not you.

If you have genuinely paid out this money and it is not towards an old or existing account, you need to send a LBA and take them to the county court.

Itemize payments made and received by them in error and give them 14 days to refund , add stat interest at 8% per anum to the debt form the date of the claim until judgment.

Tell them that once you have the judgment you will be claiming for damages regarding the miss applied default maker.

This may serve better to get their attention.

D

[messimoo]

Re: 1st crud default debt not mine but paid towards it

Will do that, what puzzles me is why after my initial complaint they were very very quick to remove the searches (in thier eys was a good will gesture ) but refuse to remove the actual default, smells to me like because they are annoyed because the claim against me was thrown out they are acting like spoiled children and digging in thier heels.

Have you got a template for a good LBA I can send to him. This checking on credit files has opened my eyes to what these companies do, If I get this removed and get 2 paid CCJ's off (these 2 CCJ's were got by default, no claim forms sent or a chance to defend myself) water comany, then I only have 1 genuine default left .

[bluebottle]

Re: 1st crud default debt not mine but paid towards it

If 1st Crud knew they were not entitled to the money in the first place, it is Fraud per se, as it would mean they had acted dishonestly from the outset. However, if they did not know they were not entitled to the money, but then learned they were not after you informed them, any refusal to repay the money or claim they were not obliged to return the money would be Fraud.

Please stop and think carefully before sending letters alleging Fraud. It is better to send a letter pointing what has happened and, then, if there is evidence that Fraud has taken place, point out the offence and quote relevant legislation. This puts the other side on notice. If they are then stupid enough to chance their luck, that is the time to involve the police.