Hmm, advice plz regarding debt letter in my wifes name

MeatLoaf said:
Thanks for the advice, i'll draft a letter up anf post it here so you can help with any criticisms. Im slightly worried over the timescale given the current postal strikes as she only has until the 12th september now to respond to this latest letter. I think i will send them a copy of my wifes ID as that will prove beyond doubt her age at the time this debt was allegedly run up.
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Dont do that do not send them a copy of any ID. the less infomation you put the better, and remember say you do not recall owing that money and you wish for them to send you a copy of any documents that have your signiture on.
 
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Werewolf said:
Meatloaf don't panic.

Keep copies of all correspondance and if they do in fact issue court proceedings (very unlikely as not only is her defence pretty clear cut - too young to have signed for it legally, even if she had), it's almost certainly statute barred anyway, plus the court will look at the facts and laugh them out of court with a demand they pay your costs.


.
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statute barred, not really once you admit it, the 6 years starts again.
 
Visit the Consumer Action Group forums. Under the debt collectors' sub-forum, open the Consumer Credit Act request and Dispute Letter threads. Amend as necessary. Once a debt is disputed in writing (send by recorded delivery only!), it is unlawful (and a breach of OFT guidance for holders of consumer credit licenses) to pursue the alleged debt. This means they can NOT take court action, can NOT file proceedings and can NOT ask you to pay again.

They have 28 days (iirc) to respond to the CCA request. They will need to supply, by law, a true copy of the executed credit agreement for the account in question. Should they fail to do so, a further 30 days later (again iirc) they have committed a CRIMINAL offence.

Take it easy, breathe, relax. It's all threats and bluster, they can't touch you. They want you to panic, because panicked people pay money they don't even necessarily owe. You'll be fine. Dispute the debt, include in the letter that they are NOT to contact you by phone, in writing or in person again - unless to either (1) apologise and close the file or (2) supply the necessary documentation under the CCA and prove the alleged debt's validity. Then smile. :)

EDIT: You'll need to send a £2 postal order to cover the statutory fee for the Consumer Credit Act request. The CAG forums will explain all, but you really have nothing to fear. Report them to the OFT via Consumer Direct, and tell them in the letter that you have done so. If you're still worried, seek legal advice by all means. But as I said, you have no grounds for concern.
 
Just noticed you now have to register at CAG to get access to the letters. These should start you off. Note that my previous post was incorrect, the statutory fee for a CCA request is £1 not £2. They also have less time to respond than I'd remembered. All is detailed below. Personally I'd send a CCA request, but state clearly that the alleged debt is fully disputed, and you have already tried to offer proof that you are / she is not responsible nor indeed the party in question. You can always post a new thread on CAG if you are still unclear or worried. :) If they persist after this, there are further (much stronger) letters you can send, which threaten legal action against them. Suffice to say, out of hundreds of these cases, I've yet to have a DCA come back and pursue the person I was helping once these types of letter land on their doormat ;)

Dons, sorry if this is a bit long. Feel free to amend/delete, but I offer these in good faith that they might help alleviate the OP's distress. Thanks.

General dispute letter said:
Name/Address:

Date:

Dear Sir/Madam

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

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I/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. AND 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 physical/psychological harassment.

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I/we look forward to your reply.

Yours faithfully
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CCA Request said:
Letter requesting a copy of your agreement - It should be sent with a £1 postal order and sent recorded/guaranteed delivery - It should be sent to whoever OWNS the debt, the timescale for providing this is 12+2 WORKING DAYS. If it is not sent within this timescale they are in default of your request.



Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.


Your Address

Date

Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

We look forward to hearing from you.

Yours faithfully
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The debt being from 2000 anyway would be statute barred as its over the 6 year period where it can be enforced.

The only reason they would get away with it now is if the debt was acknowledged or a payment had been made in that time.
 
MadMossy said:
The debt being from 2000 anyway would be statute barred as its over the 6 year period where it can be enforced.

The only reason they would get away with it now is if the debt was acknowledged or a payment had been made in that time.
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Exactly. There are so many holes in their 'case' it's literally laughable. Not to say the OP didn't suffer distress, of course. But honestly... they're on a wing and prayer, except they forgot the wings and didn't pray. No sleep to be lost here... ;)
 
Right my wife has been on the phone to the halifax, and suprise suprise they have confirmed that my wife is not the person who signed the credit agreement. Different dates of birth and middle names and my wife also gave them every address we have lived at for the past 10 years. Nothing matches so they have told us to forward all the info to capquest as they have asked us to do.

I did ask if they could put this into writing but thyey said that once the debt was sold to the agency theres nothing they can do :mad:

So i'll get a letter posted out today and hope thats an end to it
 
Jeez, I'd want at LEAST and apology letter from Halifax for my trouble.

I would also ask them to sort it out themselves with the debt company if they're admitting they got it wrong....
 
MeatLoaf said:
Right my wife has been on the phone to the halifax, and suprise suprise they have confirmed that my wife is not the person who signed the credit agreement. Different dates of birth and middle names and my wife also gave them every address we have lived at for the past 10 years. Nothing matches so they have told us to forward all the info to capquest as they have asked us to do.

I did ask if they could put this into writing but thyey said that once the debt was sold to the agency theres nothing they can do :mad:

So i'll get a letter posted out today and hope thats an end to it
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Make sure you say that any further communications from them will be seen as harassment.

You have clearly shown that you are not the person responsible for the debt so they are actually committing a criminal offence trying to make you pay.
 
lee32uk said:
Halifax must surely be breaking the Data Protection Act too, by giving false details to Capquest ?
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I think its more a case of the indivdual defaulted so halifax sold the debt on to Capquest who then tried to locate someone called Kerry Berry. They mustve seen my wife on the electoral roll and put 2+2 together and come up with 5 :rolleyes:

Anyhow, a letter with all the id is on its way to them now so lets hope its all sorted
 
Aye CapQuest have a rather bad reputation as one of the companies that buys up the debts for pennies in the pound, then doesn't care much about who they chase (same initial, surname and general area seems to be fine for them from some of the stories i've heard).

Have the GF Send them a letter by recorded delivery stating what you've said in post 29, and informing them that if they contact her again except to confirm that they have received and understood the letter, she will be informing the Financial services regulator/authority, and trading standards.
 
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