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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 782
Experience:  Solicitor with over 15 years experience.
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I have received out the the blue a letter from a collection

Customer Question

I have received out the the blue a letter from a collection agency called past due,inwhich they claim I owe £472.91 for an outstanding BT account. My account is always up to date.But when I telephoned this collection agency they claimed that it was an outstanding balance from 4years ago at an address in London.11, Lexham mews London. That address as I explained to them was NOT mine,it was infact my ex wifes,I never went there or lived there and since then she has left to return to the United states ( she is an American). She left many outstanding accounts. I did NOT ever take out any telephone account for this address. The Collection agency then said I should contact the police and BT. I called bT and they said that the account was my liability as it was in my name and "there is nothing I can do".. The collection agency says they will take further collection proceedures.. and a Mr Hafiz Aziz at BT says there is nothing they can or will do. Can you tel me what to do or write to these people the collection agency and BT. I do not want my car taken or defults etc on my credit files and I do not feel I should have to pay for something that I did not have anything to do with.
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.

LondonlawyerJ :

Hello I am solicitor with over 25 years experience. I will try to help you with this.

Customer:

thank you,I just need to know what to do and write to these people.

LondonlawyerJ :

When did you separate from your wife? When did you get divorced? Have the debt collectors threatened to commence proceedings within a set period of time?

Customer:

about 5 years ago..she never devoiced me and I guess this is not relevant,but she took our children and left and I have no idea where in the USA she lives... one week

Customer:

The point really is that she lived in London at this address and just used my credit and it wan not till after she left the country that I had any idea of it.

Customer:

I do not see why I should pay for things that I never agreed to or signed for or had anything to do with.

Customer:

The House that she lived in was in her name not mine and as I said I never ever went there

LondonlawyerJ :

I don' see why you should pay a single penny of this either. I will answer you more fully later this afternoon. I hope that is OK.

LondonlawyerJ :

You do not have to pay this bill. It is absolutely not your responsibility. You should reply to “past due” pointing out


- You did not open the account,


- That you never lived at this address,


- That you have no connection with that account at all,


- That you suspect/believe/know that your ex-wife did live there without you and must have fraudulently opened the account in your name without your permission,


- You might like to ask what checks were carried out by BT to verify the bone fides of the account opener,


- Therefore you are not responsible for the debt,


- That you do not want to bothered by them again,


- That if they do bring proceedings against you you will defend them and seek costs against them when their claim fails.


In a well run, well functioning organisation this would probably be enough to stop things but this is BT you are dealing with here so perhaps not.


Anyway you may think this is the best way to proceed for now and I wish you all the best with it

LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 782
Experience: Solicitor with over 15 years experience.
LondonlawyerJ and other Law Specialists are ready to help you
Customer: replied 2 years ago.


thank you you have been most helpful. BT are just refusing to even discuss the matter and keep telling me its not their problem and keep saying that the bill is in my name and therefore I am responsible..anyhow I have both emailed them again and written as per your advice. The credit company that is acting for BT,has not responded either. I just have one final question. I am worried that the credit company may suddenly act on me out of the blue and come and take my car or something. Is there anything I can do to stop this and warn them not to? These type of people I am told have a habit of such actions...again thank you so very much..John

Expert:  LondonlawyerJ replied 2 years ago.
They will need to issue court proceedings and prove that you are responsible for the bill before they can do that. If they issue proceedings you will be served and will be able to defend them.

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