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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi, partner is constantly been contacted by a payday loan company

Resolved Question:

Hi, partner is constantly been contacted by a payday loan company called Onesys. They say that she has taken out a payday loan with them which she never did and we told them that she and themselves had been victims of identity fraud. She has given them enough details over the phone to prove who she is and that clearly it was not her that took out the loan.
They constantly hassle her and now they have emailed to say the debt has doubled and unless she pays they will add more each day.
It is becoming really upsetting.
What course of action can she do to get them off her back.
Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether she has written to them formally and asked them to stop?

Customer:

Yes she has telephoned and written to them to tell them to stop but they keep saying it is her that took out the loan and will not stop pestering her

Alex Watts :

Telephone is no good. What she needs to do is formally write a letter and send it recorded delivery asking them to stop

Customer:

She has written but not recorded delivery. She could write again but I get the impression they are not going to stop unless we know exactly what to say to them or unless they bully people so much that they pay up. If they do not stop what do we do

Alex Watts :

She also needs to threaten that she will go to Court and seek a Court order requiring them to stop

Alex Watts :

If they refuse then she needs to issue proceedings for an injunction to stop

Alex Watts :

She needs to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Alex Watts :

The Court will then list the matter for hearing and decide whether to grant an injunction

Alex Watts :

If the Court does and they still contact they would be in contempt of Court and they can be warned, fined or sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No and thanks very much for your help. Has all this information been sent to my email adress

Alex Watts :

No, but once you rate the format changes so you can copy and paste or come back to it at any time

Alex Watts :

Can I help with anything else today?

Customer:

No thanks and again thank you for your help. Goodbye

Alex Watts :

Thank you. Please do remember to rate my answer before you go today - the button is at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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