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Hi all

 

My boyf has just recieved this letter

re: agreement number 12345678912

 

We have been attempting to contact you at a previous address held, however we have been unsuccessful.

 

We have accessed public information in order to ascertain your current address (as shown on this letter) and believe its is your current address

 

It is important that you now telephone us on the number shown at the top of this letter, as we hold the above agreement at the address shown and we need to explain this in detail to you.

 

If you believe this is not your account then please telephone within 21 days on 0800 xxxxxxx to avoid this account being registered against your name at the Credit Bureaux.

 

We look forward to hearing from you.

 

My boyf did phone and the chap said it was a debt from Barclaycard at 2 Blah Street, Thingy town (obviously changed btw!) in 1997 for the tune of £1843.03

 

My boyf said rubbish - its fraud and the chap said that my boyf needed to fax a copy of his passport and signature to see if they matched the details they had on record to prove it.

 

We sat down and chatted for about an hour trying to suss this all out because...

 

a) Hes never had a barclaycard

b) we cant understand if the man meant the card was taken out in 1997 or that was the last know address for him as he did live in Blah street, but moved into a different number (not no2) and that wasnt until 2000

 

We are trying to rack our brains if hes p1553d someone off and they took it out in his name, but we cant think of anyone that would have. We cant understand how they got Blah street as he didnt move there til 3 years later - is this co-incidence and the man was trying to fish and expect my boyf to trip up and correct him (which is strange as he never had a barclaycard anyway)?

 

The conclusion we have come to is

- they are sending sketchy letters with words like Credit Bureaux as a threat, because surely it would be Credit REference Agency? Trying to scare him into paying?

- are we right in saying he doesnt have to pay anything as the debt is now 10 years old - but they are trying to pin it on him to get the money from him?

 

He was going to do what they asked and send a copy of his signature but Im worried in case someone has somehow got a copy of his signature way back then and took a card out in his name?

 

I think we are going to leave it tbh, but just wated the wonderful folk at CAG to maybe offer thier suggestions and advice?

**** WON ****

Cap 1 - 07/11/07 - 23/03/07 £165

Ikea - 22/02/07 - 23/03/07 £200

LTSB - 02/10/07 - 24/05/07 £3310

LTSB joint account - 02/07/07 £751

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10 years old = statute barred.

 

SAR them first to find out if they realy do have any evidence pointing to your BF, if they don't, just write again telling them to shove it :D include a bill for your time and the cost of the SAR, when they don't pay up, slap a CCJ on them :D

 

If they do have proper evidence, just write them one of the lovely Statute Barred letters in the library telling them to stick it where a monkey sticks his nuts :cool:

Nil Illigitimus Carborundum

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My son-in-law has just gone through the same thing with them. I sent a CCA letter - N in the Templates enclosed a £1.00 cheque from someone else's account. If they have sent you an envelop use that. if not send recorded delivery. Also don't sign anything, so that they can't copy it. Certainly don't send any documents. Start your letter I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY.

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  • 1 year later...

What you need is a "prove it " letter curtesy of CurlyBen, it wont cost you anything, whatever you do Do not sign it, but send it recorded delivery, that will get shot of it, they have probably mailshotted everyone that has the same or a similar name to the original debtor, dont worry about it, just send the letter.

 

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 Office of Fair Trading Debt Collection Guidance 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. 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 the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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