How can I prove a debt isn't mine?
Discussion
I received a letter from the student loans company a few months ago, telling me that "my loan" would be administered by a new company. Since I do actually have a student loan, I didn't pay much attention to it. There were no details of the loan in the letter, just an account number.
A few weeks later, I received a letter from this new company. The amount of the loan didn't make sense (my loan is almost double the amount).
I phoned them to get some more information. Apparently "I" took out this loan 20 years ago, at an address in London. I wasn't in any kind of education at that time (my loan is from 3 years ago), and I haven't lived in London for 45 years.
The company were very cagey about giving any more details, and said that they would send me a Fraud form to fill out. I said it didn't sound like fraud, as it wasn't my address, but they did have my name and birthdate against the loan. More likely to be an admin error. Nothing arrived in the post.
A couple of weeks ago, this company phoned me. I explained again that I knew nothing about the loan, and that the promised fraud form hadn't turned up. We ended up going round in circles, so I hung up.
I googled this new company, and they are debt collectors.
I phoned the student loan company, and they were a bit more helpful. They explained that the account had been dormant for a while, so they had passed it on to a collections agency. It's likely that the agency had just searched against the name and date of birth on the loan, and came up with me as a possibility.
They advised me to just ignore it. I said that surely I could prove it was someone else by my national insurance number? No, as back then they didn't require NI numbers on loan applications.
How can I possibly prove that a debt from 20 years ago isn't mine?
You'd think that a full name and date of birth would be pretty much unique, but in my case it isn't.
I have a common name. I have personally known at least 3 others.
About 10 years ago I got pulled by a traffic car on my way to work. They told me I was a disqualified driver. News to me, as I've had a clean licence for 40 years. Turns out it was another person with the same name and date of birth, who lived up north somewhere. Fortunately I had my licence with me, and the driver number was different to the one that flashed up on their computer. They made a note, and I haven't been pulled since.
Not sure it's going to be as straightforward with the debt collectors.
A few weeks later, I received a letter from this new company. The amount of the loan didn't make sense (my loan is almost double the amount).
I phoned them to get some more information. Apparently "I" took out this loan 20 years ago, at an address in London. I wasn't in any kind of education at that time (my loan is from 3 years ago), and I haven't lived in London for 45 years.
The company were very cagey about giving any more details, and said that they would send me a Fraud form to fill out. I said it didn't sound like fraud, as it wasn't my address, but they did have my name and birthdate against the loan. More likely to be an admin error. Nothing arrived in the post.
A couple of weeks ago, this company phoned me. I explained again that I knew nothing about the loan, and that the promised fraud form hadn't turned up. We ended up going round in circles, so I hung up.
I googled this new company, and they are debt collectors.
I phoned the student loan company, and they were a bit more helpful. They explained that the account had been dormant for a while, so they had passed it on to a collections agency. It's likely that the agency had just searched against the name and date of birth on the loan, and came up with me as a possibility.
They advised me to just ignore it. I said that surely I could prove it was someone else by my national insurance number? No, as back then they didn't require NI numbers on loan applications.
How can I possibly prove that a debt from 20 years ago isn't mine?
You'd think that a full name and date of birth would be pretty much unique, but in my case it isn't.
I have a common name. I have personally known at least 3 others.
About 10 years ago I got pulled by a traffic car on my way to work. They told me I was a disqualified driver. News to me, as I've had a clean licence for 40 years. Turns out it was another person with the same name and date of birth, who lived up north somewhere. Fortunately I had my licence with me, and the driver number was different to the one that flashed up on their computer. They made a note, and I haven't been pulled since.
Not sure it's going to be as straightforward with the debt collectors.
DSGbangs said:
IANAL but almost certain you can only be chased for a debt that is less than 6 years old.
Again: IANAL.
Sort of....Again: IANAL.
https://www.stepchange.org/debt-info/can-i-write-o...
clockworks said:
I said it didn't sound like fraud, as it wasn't my address, but they did have my name and birthdate against the loan. More likely to be an admin error. Nothing arrived in the post.
They explained that the account had been dormant for a while, .
It might well be an admin error however applying for credit using someone's correct details but claiming that person has now moved to a new address is a fairly common fraud. Have you checked your credit record to see if that London address has been linked to you on there? They explained that the account had been dormant for a while, .
What do they mean by 'dormant for a while'? That might imply some repayments were made at some point. Fraudsters don't tend to make repayments and hence if there have ever been repayments unlikely to be fraud.
They have to prove it is!
First off, deny the debt emphatically and make no admissions. You don't need to engage any more. After 6 years it's timed out and statute barred. Join up here and you'll be a happy bunny:
All about debt forums (AAD).
First off, deny the debt emphatically and make no admissions. You don't need to engage any more. After 6 years it's timed out and statute barred. Join up here and you'll be a happy bunny:
All about debt forums (AAD).
Edited by Boosted LS1 on Monday 21st August 21:14
Saleen836 said:
DSGbangs said:
IANAL but almost certain you can only be chased for a debt that is less than 6 years old.
Again: IANAL.
Sort of....Again: IANAL.
https://www.stepchange.org/debt-info/can-i-write-o...
The 'old' mortgage style student loans scheme (which it sounds like this one is from it's age) is in a right mess. The Student Loans Company never really chased repayments from people very hard, so if they disappeared of the radar, moved, emigrated, or stopped replying/paying, SLC just let it go in most cases. They didn't have the resources or teeth of proper debt collectors.
By now, most people will have either repaid their loans (it was usually repayable over 4 years), or else they've deferred every year due to a low income, or gone AWOL. So it's highly likely that they have been out of touch with the genuine borrower for over 6 years and the loan is probably statute barred. Not that you want to go down that route really, as you've pretty much got to admit that it's your debt to then tell them that it's statute barred.
Bit of background (although mainly irrelevant in this case): a few years ago, the govt (in it's infinite wisdom) sold off the old loan book to private debt collectors (for about 5p in the pound, great value for tax payers!). This lot are leaving no stone unturned in attempts to recover on their 'investment'. And as the vast majority of defaulted loans are statute barred they're basically going on a fishing trip. The only other borrowers they have any chance of getting money out of are those that have genuinely deferred every year, due to having a low income (under £29k at present, so a moderate number of graduates have kept under it). So these debt collection agencies are treating genuinely deferred borrows as having bad debts, and using all kind of dirty tricks to get them out of deferment an into repayment.
Probably the best thing for the OP to do is to put it in writing to inform them that they have the wrong person, the debt isn't yours, and to leave you alone. They probably won't however, because they are like a dog with a bone, and now they have your phone number, they'll probably call fairly regularly (they love harassing by telephone). So you might end up having to tell them to put up or shut up, and ask them to prove the debt is yours.
Also, keep an eye on your credit files with the agencies, they have started reporting defaulters to the credit reference agencies (even though borrows were always told that a student loan would never affect your credit worthiness in later life). Some of these debt collection agencies are in the same corporate groups as at least one of the credit reference agencies - how convenient, they can share information!
By now, most people will have either repaid their loans (it was usually repayable over 4 years), or else they've deferred every year due to a low income, or gone AWOL. So it's highly likely that they have been out of touch with the genuine borrower for over 6 years and the loan is probably statute barred. Not that you want to go down that route really, as you've pretty much got to admit that it's your debt to then tell them that it's statute barred.
Bit of background (although mainly irrelevant in this case): a few years ago, the govt (in it's infinite wisdom) sold off the old loan book to private debt collectors (for about 5p in the pound, great value for tax payers!). This lot are leaving no stone unturned in attempts to recover on their 'investment'. And as the vast majority of defaulted loans are statute barred they're basically going on a fishing trip. The only other borrowers they have any chance of getting money out of are those that have genuinely deferred every year, due to having a low income (under £29k at present, so a moderate number of graduates have kept under it). So these debt collection agencies are treating genuinely deferred borrows as having bad debts, and using all kind of dirty tricks to get them out of deferment an into repayment.
Probably the best thing for the OP to do is to put it in writing to inform them that they have the wrong person, the debt isn't yours, and to leave you alone. They probably won't however, because they are like a dog with a bone, and now they have your phone number, they'll probably call fairly regularly (they love harassing by telephone). So you might end up having to tell them to put up or shut up, and ask them to prove the debt is yours.
Also, keep an eye on your credit files with the agencies, they have started reporting defaulters to the credit reference agencies (even though borrows were always told that a student loan would never affect your credit worthiness in later life). Some of these debt collection agencies are in the same corporate groups as at least one of the credit reference agencies - how convenient, they can share information!
If the do keep phoning you then send them a standard harassment letter
https://www.google.co.uk/search?q=harassment+lette...
https://www.google.co.uk/search?q=harassment+lette...
I had no idea that the "new management company" was actually a collection agency until I googled them. The letter was in the form of a statement of the account, rather than a demand for payment.
The chap I spoke to at Student Loans said that they don't have the facilty to trace people, that's why it was passed on. He admitted that it was a fishing exercise by the new company.
I haven't had any dealings with debt collectors before, never defaulted or missed a payment.
The chap I spoke to at Student Loans said that they don't have the facilty to trace people, that's why it was passed on. He admitted that it was a fishing exercise by the new company.
I haven't had any dealings with debt collectors before, never defaulted or missed a payment.
Interesting last post. Looking at the Stepchange site, I came across IVA and looked further ( don't need one , but out of interest). Bit on SC states that Student loans can't be included in the amount to be written off . ( No reason given , but possibly HMG protecting their back ?) .
So now that DCA are involved , does this mean that Student Loans are now not exempt from write off in event of an IVA.
But from memory, I seem to remember that ,dependent on the age of student when loan taken out , it would be written off when said student reached a certain age.
So now that DCA are involved , does this mean that Student Loans are now not exempt from write off in event of an IVA.
But from memory, I seem to remember that ,dependent on the age of student when loan taken out , it would be written off when said student reached a certain age.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff