Debt collection nitemare - NOT MY DEBT
Discussion
Got a situation that really makes my blood boil.
About 2 years ago I got a letter from a debt collection agency about a bad mobile phone debt to Orange. Thought it was odd because I had closed the account a while back and settled anything outstanding. So I called Orange and they confirmed that my account was closed and there was no outstanding debt.
But the letters still came. So (stupidly) I phoned the collection agency (Arrow Global at the time) and asked about this debt. Before they would talk to me they wanted my address and DOB, which (even more stupidly) I gave them. They asked if I had ever lived in London, to which I told them I hadn't and said that the DOB they had didn't match mine. Clearly it was a case of mistaken identify.
They then sold the debt to another agency, who now had my correct DOB and address and the process continued. Orange didn't want to know and said it was out of their hands, this new agency said it was my responsibility to prove it was not my debt.
I got an letter from Orange today (strange since they said it was out of their hands, but perhaps the other agencies passed it back?) saying they have now sold the debt to Lowell Portfolio and that I can only contact them about this debt.
My problem is that this has put incorrect defaults on my credit file and winds me up each time they contact me. I don't care about the credit file, my history is rock solid and it didn't even make a difference to a recent mortgage app, they obviously see through this kind of thing.
The debt is only £26.38. The simple thing would be to pay it, but its not my debt, why the f
k should I?
But proving that its not mine will cost me way more than that in time and money.
Can I get a decent lawyer involved and charge Orange / the collection company for time spent and other inconveniences once I prove beyond all doubt that the debt is not mine?
I am a man of principles, I don't mind spending 4 figures if that is what it takes to inconvenience them as much as it's pissed me off.
About 2 years ago I got a letter from a debt collection agency about a bad mobile phone debt to Orange. Thought it was odd because I had closed the account a while back and settled anything outstanding. So I called Orange and they confirmed that my account was closed and there was no outstanding debt.
But the letters still came. So (stupidly) I phoned the collection agency (Arrow Global at the time) and asked about this debt. Before they would talk to me they wanted my address and DOB, which (even more stupidly) I gave them. They asked if I had ever lived in London, to which I told them I hadn't and said that the DOB they had didn't match mine. Clearly it was a case of mistaken identify.
They then sold the debt to another agency, who now had my correct DOB and address and the process continued. Orange didn't want to know and said it was out of their hands, this new agency said it was my responsibility to prove it was not my debt.
I got an letter from Orange today (strange since they said it was out of their hands, but perhaps the other agencies passed it back?) saying they have now sold the debt to Lowell Portfolio and that I can only contact them about this debt.
My problem is that this has put incorrect defaults on my credit file and winds me up each time they contact me. I don't care about the credit file, my history is rock solid and it didn't even make a difference to a recent mortgage app, they obviously see through this kind of thing.
The debt is only £26.38. The simple thing would be to pay it, but its not my debt, why the f
k should I?But proving that its not mine will cost me way more than that in time and money.
Can I get a decent lawyer involved and charge Orange / the collection company for time spent and other inconveniences once I prove beyond all doubt that the debt is not mine?
I am a man of principles, I don't mind spending 4 figures if that is what it takes to inconvenience them as much as it's pissed me off.
Orange are the worst company I've ever had the pleasure of dealing with and I really have a deep dark place for them. You wouldn't believe the hassle I have had from them. One was over a debt of 1 pence. I kid you not. Even went on my credit file as unpaid debt. Unless you want to go the distance and have months of anger slowly boiling away inside you causing no end of harm, I would just pay and join the hate club.
It isn't down to you to prove it isn't your debt, what a load of rubbish.
Write to them clearly stating that the debt is not yours and never has been. Include details of the phone call you had with the other debt collection agency and ask, if they wish to pursue the matter, to provide all paperwork linking the debt to you.
May be worth including that should they not wish to pursue the debt or provide details then any future correspondance shall be considered harassment as the debt is not yours.
http://www.theregister.co.uk/2009/02/26/debt_colle...
http://www.checkmyfile.com/articles/130/dealing-wi... (some interesting things in this one that relate to your position)
Write to them clearly stating that the debt is not yours and never has been. Include details of the phone call you had with the other debt collection agency and ask, if they wish to pursue the matter, to provide all paperwork linking the debt to you.
May be worth including that should they not wish to pursue the debt or provide details then any future correspondance shall be considered harassment as the debt is not yours.
http://www.theregister.co.uk/2009/02/26/debt_colle...
http://www.checkmyfile.com/articles/130/dealing-wi... (some interesting things in this one that relate to your position)
I had something similar with N Power who sent creditor after creditor over a 4 year period chasing me for bill payment on my house that was incurred before I even owned it. Each time I thought it was resolved when they agreed it wasn't my debt another agency popped up.
In the end I sent a lengthy a very snotty complaint and threatened legal action against them for a) persistently threatening me with legal action (well, people working under their instruction) and b) harassment.
That letter was 18 months ago. I haven't heard a peep since.
In the end I sent a lengthy a very snotty complaint and threatened legal action against them for a) persistently threatening me with legal action (well, people working under their instruction) and b) harassment.
That letter was 18 months ago. I haven't heard a peep since.
Mojooo said:
It is not up to you to prove the debt is not you but write to them any way
Are you sure you are not a victim of identity theft or osmehting?
Report to Tradig Standards too.
Id hate to be a victim of osmehting, sounds nasty!.Are you sure you are not a victim of identity theft or osmehting?
Report to Tradig Standards too.
Op, my parents had something similar recently, i wrote a letter to the debt collector stating they did not accept existance of the debt, if they continued to recieve threats/harrassment we would charge £20 per reply.
Bizarrely they did recieve another letter, which we sent a reply to with a copy of the first letter. Mum later recieved a phonecall apology and a cheque for £20!
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