Does responding that I do not know a debt count as correspondence to keep it active?

[Comedy]

Hi,

I am being hounded by Marlin for a debt that was racked up in a name similar to mine during a time which I did not live in the UK.

Marlin have added this debt to my credit file and after lots of wrangling I had it removed, they would not remove it though until I contacted Marlin to discuss it.

I contacted Marlin both in writing (October 2013) and on the phone (Jan 2014) to state to them that I did not know this debt, that the name is not mine and that I was not even in the country at the time. I also requested the credit agreement, statements, default notice, etc from them.

I have never received a proper response from them on this and today received another letter requesting payment.

The debt is from 2008 and would lapse this year but I fear I have ruined that by contacting them, albeit stating the facts I did.

If the answer is that I have ruined it then I have no problem presenting my case in front of a court. I just want to know what my options are.

Thanks.

[wales01man]

Re: Does responding that I do not know a debt count as correspondence to keep it acti

Was it your debt?

[Comedy]

Re: Does responding that I do not know a debt count as correspondence to keep it acti

It is apparently a credit card with Barclaycard

[wales01man]

Re: Does responding that I do not know a debt count as correspondence to keep it acti

Your debt?

[Amethyst]

Re: Does responding that I do not know a debt count as correspondence to keep it acti

If it isn't your debt then you cannot acknowledge it and reset the statute barred clock. I would respond to their letter, which will just be automated guff, referring to your previous letter of Oct 2013 and phone call of Jan 14 reiterating that a) you do not acknowledge the debt 2) the debt is not yours and you are not Mr XXXXXXX nor ever have been 3)You've already communicated with them regarding this debt and they have agreed previously that it is not your debt and as such have removed it from your credit file 4) If they persist in thinking this is your debt they should send all copies of credit agreements, statements, default notice etc to you. 5) If they cannot do that then they should cease contacting you.

National Debtline have a standard 'prove it' template if it helps with some punchy little quotes in,

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

[enquirer]

Re: Does responding that I do not know a debt count as correspondence to keep it acti

And given that you have already told them that you are not X, should they then send you confidential documents relating to X, they will then be in breach of the Data Protection Act!