This CC Debt is not mine TRANSCOM!

[staffsswan]

I have been chased by TRANSCOM since the beginning of this year for an outstanding credit card debt for an individual with the same name (different middle intial) and date of birth as me. This debt has been bougt from Monumnet credit cards by TRANSCOM. I have written to TRANSCOM in March to advise them that I have liability for this debt and deny any knowldege of it. I requested a copy of the agreement and details of the account which I have received 2 days ago. Their letter is again requesting that I contact them to arrange a repayment plan but does not acknowledge that I have disputed and denied liability for the debt.

 

The signature on the account is clearly not mine and I have never lived at the address in MANCHESTER that the account was opened at. In fact. I have never been to Manchester. What is strange is that whoever it is that is liable for this debt was paying it by direct debit for two years but then stopped. Also, the vast majority of the times that the card was used was in Eastlands, Manchester.

 

I am a professional person, who has never been in debt in 25 years of work. My credit reference is excellent and I am registered with credtiexpert. My profile remains unaffected to date although in their original letter TRANSCOM did threaten me with court action which is why I immediately rang them and wrote to dispute the bill. (I signed the letter which in hindsight I think was a mistake).

 

Now that I have a copy of the account details and a signature that is clearly not mine as well as an address that I have never lived at what do I do next. This is dragging on and I really want this matter put to bed.

Edited May 25, 2008 by staffsswan
typing error

[freakyleaky]

Hi staffswan and welcome to the site. I have asked for your thread to be moved to a more appropriate forum.

In the meantime Spend sometime reading the site rules and the FAQ's.

 

Also a couple of useful links are the How do I guide to the forum and the A to Z Index .

 

Just shout if you need help finding your way around.

[staffsswan]

Thank you!!

[JonCris]

I'm sorry but I think you'll find your credit is effected as they will have almost certainly defaulted your address

 

It's a well known tactic & it's often referred to as shotgun collection. Through the various data bases they ID someone with a similar name, DOB etc & target them as they are the genuine debtor. At this point they don't actually care if your aren't as even phoning & complaining won't put a stop to them (some non defaulters have actually paid them to get them off their backs)

 

I suggest you write using the template letter after modifying it to suit your situation & tell then in no uncertain terms you are not the person they are chasing & point out the glaring differences in name address etc which they should have addressed before contacting you

 

Tell them if they continue to cause harassment you will complain to the authorities & tell them as you understand they may have defaulted your credit file they are to remove it immediately

 

Don't sign the letter, print it, send the letter Special Delivery & WHATEVER you do DO NOT speak to them either on the phone or in person UNLESS you have the means to record the conversation

 

Forceful perhaps but if you take time to read these threads you'll soon see that this is the only way to treat these bums

[staffsswan]

Thanks very much for the info. I am amazed (and perhaps naive) that this sort of tactic exists. It is perfectly clear that the signature on the credit agreement is nothing like mine. Does this not count for anything?

 

Excuse my ignorance but which template letter are you referring to? As you can see I am a total novice at this.

[JonCris]

On second thoughts write you own along the lines I have suggested then post it here for us to make whatever amendments are agreed as necessary (don't post personal details etc)

 

You should get a lot of help & advice as we all just LURV writing to these DCA's especially when we know they have the wrong person:D

[staffsswan]

That's fantastic!! I will put a letter together later today and post it as you have suggested. I am extremely grateful for your assistance.

[staffsswan]

Below is a draft of the letter that I have put together for your consideration. Once again I am most grateful for your support and assistance. I hope this does the trick.

 

xxxxxxxxxx

xxxxxxxxxx

Susan Bigg

TRANSCOM,

Transcom House,

Alban Park,

Hatfield Road,

St Albans,

Herts.

AL4 0LA 26th May 2008

 

Dear Madam,

 

YOUR REFERENCE xxxxxxx

 

In response to your letter dated 20th May 2008 that included a copy of the original credit agreement (requested by letter 22nd February 2008) I am writing to advise you again that I am most certainly not

 

Mr xxxxxxxxxxxx

 

And that I have never resided at;

 

xxxxxxxxxxx

 

I have never even been to Manchester and have been resident at my current address since 31 March 1995 when I purchased it.

 

Furthermore, the signature on the original agreement of which I now have a copy bears absolutely no resemblance to mine. Also, I can prove that the many payments made into the credit account by direct debit most certainly did not come from my personal bank account.

 

 

There are numerous anomalies in this matter (different name, wrong address, different signature and direct debit payment history), which should have been fully investigated by your company prior to any speculative approach being made to me. Consequently, I have sought guidance in respect of your continued harassment for a debt that I have no knowledge of, or liability for. Should this harassment continue then I will have no option but to report your company to the authorities and take legal action.

 

To summarise, I am not prepared to discuss this matter any longer and seek your confirmation that any action that you may have taken in respect of my credit file has been reversed.

 

 

Yours faithfully,

xxxxxxxx

Edited May 26, 2008 by zootscoot
removing personal details

[freakyleaky]

Please remove all identifying information from the letter above.

[staffsswan]

Sorry. Doh!

[JonCris]

Below is a draft of the letter that I have put together for your consideration. Once again I am most grateful for your support and assistance. I hope this does the trick.

 

xxxxxxxxxx

xxxxxxxxxx

Susan Bigg

TRANSCOM,

Transcom House,

Alban Park,

Hatfield Road,

St Albans,

Herts.

AL4 0LA 26th May 2008

 

Dear Madam,

 

YOUR REFERENCE xxxxxxx

 

I refer to your response letter dated 20th May 2008 and it's inclusions and it's perfectly clear that I am not the person your looking for as

 

1/ I have never resided at xxxxxxxxxx. In fact I have never been to Manchester let alone lived there

2/ I have resided and been registered at my current address since 31st March 1995

3/ The name in the document is incorrect

4/ The signature on the document you supplied bears absolutely no resemblance to mine

5/ The payments that appear to have been made by the debtor did not come from my account

 

There are numerous anomalies in your 'evidence' which frankly should have been fully investigated by your company prior to any speculative approach being made to me.

 

Your actions have, for the first time, identified to me how some if not many in your industry operate, which is to shoot first and ask questions later. It's little wonder that some consumers are intimidated by debt collectors when like you they write demanding you contact them without even confirming who the alleged debtor is. Furthermore by doing so it would appear that not only have you breached OFT guidelines but you have also breached the Data Protection Act in that you have disclosing to me the private personal details of another and for this I shall be reporting you to the Information Commissioners Office

 

Consequently and for the benefit of any doubt if you continue to harass me or process my data to any another person, organisation or company for a debt that I have no knowledge of, or liability for or fail to remove forthwith any adverse data you may have placed on my file I shall issue legal proceedings against you as per

RICHARD DURKIN v DSG RETAIL LIMITED and HFC BANK PLC in which the court awarded the victim of such misconduct £8,000

 

To summarise, other than reserving my right to seek legal redress in the event I find later any just cause not known to me at present I am not prepared to discuss this matter any longer other than to seek your firm assurances within the next 7 days that this is now closed.

 

Yours faithfully,

xxxxxxxx

 

See above

Edited May 26, 2008 by JonCris

[staffsswan]

Fantastic! Thank you very much indeed. I assume that I now add the the personalised data to the letter and send by recorded delivery tomorrow. What do I need to do to report this matter to the Information Commissioners Office?

[JonCris]

Yes add your details check the spelling before sending 'special delivery'

 

When they sent you the details of another person without that persons consent they breached the DPA ......... Reporting them to the ICO might make them think twice before 'assuming' they actually do have the correct person.

 

They might also take more care to check the evidence they already do have before plowing on regardless in the hope they have threatened the right person

[staffsswan]

Letter sent today 'recorded first class delivery' as the post office wanted £10.30 for 'special delivery next day'. Will track receipt on internet.

Downloaded Information Commissioners Office complaint form and will complete this week. Extremely grateful for your invaluable advice and support.

 

Let's hope this ends the whole affair. Will update when response received.

[heartopp]

Letter sent today 'recorded first class delivery' as the post office wanted £10.30 for 'special delivery next day'. Will track receipt on internet.

Downloaded Information Commissioners Office complaint form and will complete this week. Extremely grateful for your invaluable advice and support.

 

Let's hope this ends the whole affair. Will update when response received.

 

£10.30 for next day!!!! Its £4.60 unless you are sending them the full amount in 0.01p

[JonCris]

Staff £10:eek:

 

If you don't end this properly & by that I mean Trading Standards & a DPA 10 notice as well as reporting them to the ICO they will simply pass your alleged account onto another DCA who will start the whole thing all over again

[staffsswan]

Sorry to be a pain again!! But I have downloaded a copy of the DPA 10 notice from net but not really sure how to amend it to suit my circumstances and of who I should send it to. I have attached a draft copy below.

 

Notice pursuant to s.10 of The Data Protection Act 1998.

 

Re: account no. XXXXXXXXX

Account holder. XXXXXXXXX

Address. XXXXXXXXXXXXXXXXXXXXXXXXX

Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

signed

 

date

[JonCris]

Sorry to be a pain again!! But I have downloaded a copy of the Data Protection Act 10 notice from net but not really sure how to amend it to suit my circumstances and of who I should send it to. I have attached a draft copy below.

 

Notice pursuant to s.10 of The Data Protection Act 1998.

 

Re: your reference XXXXXXXXX

 

Sirs

 

I am advised that being unsuccessful you may attempt to 'sell' this account to another debt collector. Therefore I am, in order to bring this matter to a halt, advising you by way of this formal s.10 notice that you stop processing any data relating to me immediately

 

Furthermore I would remind you that processing inaccurate data is an offence under the The Data Protection Act 1998

 

Therefore Take Notice I repeat that I require that you cease from processing my data within 7 days of the receipt by you of this notice that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party, except where that processing is required by any statutory body investigating a compliant

 

Also this Notice is given on the grounds that the processing or continued processing by you of the such erroneous data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

signed

 

 

date

 

Check above

[staffsswan]

Thanks again. Will mail S10 notice recorded delivery today and will send form to Information Commissioners Office later this week when I have copied relevant documentation. Speaking to Trading Standards tomorrow. Oh, do I need to sign the S10 or simply type in my name as per the original letter?

Edited May 28, 2008 by staffsswan
more information needed