O/T Fraud?

[Phoenix]

I've been getting threatening final demand letters from a few debt collecting agencies over the same Barclaycard debt in someone elses name. No one will tell me the age of the debt so I've no idea whether it's related to the previous owner (who's name isn't on the letter either) or it's since I moved in therefore fraud.

Barclaycard aren't interested, their overseas call centre obviously don't have the script to handle such a situation. They just end up saying they will remove my name from their mailing list then give up when I finally get it through to them that my name isn't on their mailing list.

The latest debt collecting agency say the debt is at my address but as I have phoned to say it's not my debt, they won't tell me anything else and hide behind the data protection act. One last comment was call the police.

The police have pointed me to Citizens Advice Bureau.

Going back to the other thread, it's a spanners world we live in

[Number 1]

They can't hide behind the data protection act if they're persuing YOU for the money. That's just an excuse.

If phone calls don't work, and you suspect that they are a genuine company, (albeit one with crap practices) then write them a letter telling them that you don't owe the money and if you hear any more of them they will be reported to the police for demanding money with menaces. It could be someone from your address previously, but that's nothing to do with you.

In any case, they would need a court order to enforce any debt, and seeing as you've only received letters so far, I would wait for a court order to be issued and then make enquiries with the court. These debt collection agencies rely on people being scared into paying, hence the tone of the letters, but they can't do anything without the court order or CCJ. This probably won't happen, because the court order would have to be in someone's name and it obviously won't be in your name so you shouldn't have a problem. Make sure you make a note of any expenses you incurr, as if you do end up making enquies with the court you can cite these and claim them back.

[Phoenix]

They're not pursuing me for the money but someone that has either lived at my address (although the name doesn't appear in the deeds) or someone using my address fraudulently. I'm not worried about the demands but worried about the fraud aspect of it and not being able to find out something as simple as the age of the debt. I'm also worried about my credit rating, I know the likes of equifax record details against both name and address so this is doing me no good at all.

[Number 1]

Have you tried credit expert from experian?

You can have 30 days free access and I think you can check the address too?

http://www.creditexpert.co.uk/

[Number 1]

Above post repeated for some reason..

[Phoenix]

Hasn't affected my credit rating yet but I still want to find out when the debt originated.

[Keith]

I have phoned to say it's not my debt, they won't tell me anything else and hide behind the data protection act.

Quite reasonable to not get in to a conversation on the phone about it.

Return their letter to them with a letter from you stating that it is not your debt, there aren't any details on it for you to assist them further and that their 'continued harassment is causing you distress'. Then point out to them that under the Date Protection Act it is unlawful for them to maintain data that is inaccurate Principle Four [data must be] "Accurate, and where necessary, kept up to date". As their data is clearly neither accurate or up to date, suggest that they update their records.

Whose name appears on the envelope?

[Phoenix]

I'm going to fire off letters to the agency and barclaycard, neither are being helpful. They are perfectly willing to discuss and take payment from someone not named in the letter but ask them to even vaguely say whether the debt is in the last 4 years or not and they refuse.

The name on the envelope is Mrs A ***** and I don't have any ex's (wives or girlfriends) of that name. Nor does the name match those on the deeds of the house when I bought it.