Debt problems/chaser (not typical problems)

[Hellfire]

Last year when i moved into our new place I received a couple of letters regarding outstanding debts in my name, i found out it was my fathers debts as we share the same first and surname (however our middle names are different) i phoned them up and explained this and they said they sorted it (heck i was 6 when the debt was made) however i've received more letters from another company regarding the outstanding debt,

I phoned them today and spoke to the most rude and ignorant cunt ever. he first claimed it had to be my debt, when i explained the credit card was taken out when i was 6 he said it must be a computer error, out DOB were wrong and our middle names were wrong. YET he still wouldnt believe it weas NOT me and explained I am responsable, eventually he said he'll send it to the chase team HOWEVER i can expect more letters. I informed him if i do I will take legal action for harrassment as its been going on for years and go to the financial ombudsman and make a complaint as it is affecting both my credit rating and the debt is now apparently against the house we live in, (not good as i will be looking for car finance/short term loan soon)

so my questions are

1 - how do I stop this, they keep ignoring it even when I offer to provide evidence
2 - how do i make a complaint to the Financial ombudsman, the company in question who keep contacting me is Lowell Portfollio
3 - how do i remove this "debt" from my house/possible credit rating since this company are sure it is my debt and keep harassing me for payment

Thanks in advance

[katralla]

ffs! No help but what a pain in the arse.

[morrocan roll]

C.A.B. is all i can think of ...wheres that fucking kermit when you need him aye?

[purplebutterfly]

Contact your local C.A.B. asap. If you want to complain start compling how many letters, how often, when you phoned and what was said and agreed, as far as you can remember.

Financial Ombudsman website (http://www.financial-ombudsman.org.uk/default.htm) Its a bit vauge so you might have to contact them for more specific advice.

[girl with sharp teeth]

C.A.B. is all i can think of ...wheres that fucking kermit when you need him aye? That fucking Kermit comes and asks me when it comes to debt advice :p

Hellfire, you are blatantly not liable for the debt. There are a variety of tactics you can use to prevent Lowell (who are notorious as a debt collection company for this kind of thing btw) from continuing to harass you.

Firstly, they have to prove liability for the debt in order to enforce ( i.e.take legal action regarding) it. Under the Consumer Credit Act 1974 you are entitled to ask for a true signed copy of the credit agreement if you pay Lowells the statutory fee of £1. They are obliged to supply this within 12 working days, and if they cannot do this, they are not able to enforce it until they do supply you with the paperwork. If they cannot supply it within 30 days then they commit a criminal offence.

Secondly, and even easier than this, there is a piece of legislation known as the Statute Of Limitations which states that a creditor has 6 years within which to enforce a debt. If there has been no acknowlegement of the debt by the liable person within the 6 years, and the creditor has taken no action against them, then the debt is no longer enforceable. This is known as a statute barred debt. As you have never acknowleged this debt and obviously your dad hasn't either then this is a statute barred debt. Once you point this out to Lowells then under the OFT's guidance on debt collection they should cease trying to collect it.

In order to make a complaint to the Financial Ombudsman you firstly need to make a formal written complaint to Lowells. If you have not had a satisfactory response within 8 weeks then the Ombudsman can then take it up on your behalf.

As far as your credit rating goes, please check your credit file first to see if the debt is showing up - as the dates of birth etc. are completely different there is a good chance that it isn't actually there anyway. If it does then once the issue is resolved with Lowells ask them to remove the entry from your file. If they refuse you can complain to the credit reference agency.

[girl with sharp teeth]

Oh, and although the CAB are great at a lot of things, to be honest unless you get a specialist debt advisor then you are best off going elsewhere for debt advice as it is a very specialist subject and although the volunteer advisors do their best they aren't professionals and can sometimes do more harm than good.

Other charitable debt advice agencies are National Debtline (www.nationaldebtline.org.uk) and Consumer Credit Counselling Service (http://www.cccs.co.uk).

[Hellfire]

how can I check my credit file easily? sorry I've never had to do it before,

GWST, thanks very very much will phone Lowells and Write a formal complain on monday to send, I feel alot better now.

[Crystal Tipps]

www.experian.co.uk is one way. I think there's a free 30 day trail on that one (you have to sign up then cancel the direct debit in time, otherwise it's £6.99 a month).

[Hellfire]

Hmmm bit warry bout having to suply my card details

[Crystal Tipps]

http://www.moneysavingexpert.com/banking/credit-rating-credit-score#check

Can go the £2 postal way, or the free online instant (but supply your card details, albeit securely) way...

[JsT]

I had no problem using Experian, as long as you remember to phone them to cancl.

[Hellfire]

just signed up, awaiting my pin, wish i could get instant access now :(

[Crystal Tipps]

Took a day or two from what I remember..

[girl with sharp teeth]

Don't phone Lowells, do everything in writing. This gives you a paper trail so that no-one can dispute what has been said. It also makes it easier for you to deal with them as most DCA staff put pressure on callers to make a payment towards the debt.

Here are some sample letters for asking for a copy of your credit agreement (http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=getting_a_copy_of_your_credit_a greement_and_account_details) and pointing out a statute barred debt (http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=25_liability_for_debts_and_the_ limitation_act).

I would go with the statute barring first, as it's impossible to argue with.

I've assumed that although you live in Scotland, the debt in question is English. Scots law is slightly different to English when it comes to debts.

[M1nkeh]

you could get your dad to pay it ?

then all the problems would be solved! :)

[Hellfire]

you could get your dad to pay it ?

then all the problems would be solved! :)
Hahaahaaa fucking yeah course he will, last time i saw him i near busted his nose, not seen him for years, he's a fucking loser (get the idea)

[Kermit]

you could get your dad to pay it ?

then all the problems would be solved! :)

The dad doesn't legally have to repay it, so why the fuck should he?

[Hellfire]

I think he should as hes an arse, Basicly he disapeared and left the debt, I don't know where he is. if i did this would be the least of his worries.

anyway I am waiting to see my credit report and i will do as GWST said and will write a letter (if its not against me on my credit report) to get them to stop sending the letters) and if it is to remove it as it's incorrect

Thanks GWST and Kermit =)

[M1nkeh]

The dad doesn't legally have to repay it, so why the fuck should he?

oh right well, i thought as it was his debt in the first place it would be 'the right thing'

nvm