Clarity pursuing debt that is marked as settled on my credit report.

[shogunassassin]

The Situation

Clarity writing letters claiming I owe them money.

I sent them a prove it letter.

They are asking me now for my personal details even though they have pursued me for this debt on behalf of their client .. Aktiv Captial.

I am reluctant to give out my details cos surely they will already have them if they are writing me letters saying I owe them?

After going through my credit report I see the debt is a Debenhams account I settled in 2005 account numbers match -

Just 15 days before it was settled - Aktiv Kapital opened their claim on the debt. ....

(on the same day it was opened it was also listed as defaulting and for double the amount I owed & previously settled)

I have sent prove it letter to Clarity

 

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

 

I would point out that I have no knowledge of any such debt being owed to Aktiv Kapital.

I am 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.

 

I 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 physical/psychological harassment.

 

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

 

I 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.

 

I look forward to your reply

I received this

 

For us to establish whether your the person we need to deal with in relation to this matter; please confirm your address history & date of birth

 

Once we have received this information we can deal with this accordingly.

Virtual Collections team.

 

Now my question is whats my next step?

 

Do I send Clarity

1. my date of birth & address history?
   
2. or a copy of my credit report saying my account is settled
   
   
3. or both??
   

Thank you for reading this & any advice would be muchly appreciated

I'm sick of debt agencies fishing around on my credit report.

[firstship]

Hi.Next step none of those suggested by yourself,the last paragraph of your Prove It letter,is the answer and advise Clarity it is the hands of OFT as they have totally ignored OFT guidelines.

 

FS

[Revenant]

Hi shogun

I'd do nothing for now as if they don't know you're who they're looking for they shouldn't have written BUT in any case it's not up to you to prove things are they're breaching the guidelines by asking for evidence

OFT Guidelines

Deceptive/and or unfair methods

2.8

j. requiring an individual to supply information to prove they are not the

debtor in question, for example, driving licences, passports, full name,

date of birth, signatures

See what happens next

R

[shogunassassin]

Thank you so much for your quick replies!

 

I had a feeling they shouldn't be asking me to prove who I am.

 

Im getting the hang of this I think - Understanding my credit report & the legalities involved with debt.

 

Im glad I kept copies of cheques/settlement letters!

 

I shall keep you posted if I get any more letters.

 

thanks again!