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Name spelt wrong - can they still take me to court?


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Hi,

 

I was just looking for a bit of advice please.

 

I have received a debt collection notice from Midas Legal Services, but they have spelt my name wrong. I've checked the previous correspondance and my name is incorrect on those also. It is only wrong by one letter but does this mean that any court action or marks on my credit record wouldn't appear as the name is incorrect?

 

Thanks!

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What matters is not what is in letters they are sending you but what is on the original agreement. If your name is wrong on the original agreement, it was never properly executed and is unenforceable.

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Thanks guys

 

It is for a bill with British Gas and yes my name is spelt incorrectly on the original bill (and I phones them twice when we moved in to tell them so).

 

Where does this leave me?

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Thanks guys

 

It is for a bill with British Gas and yes my name is spelt incorrectly on the original bill (and I phones them twice when we moved in to tell them so).

 

Where does this leave me?

 

Im pretty sure that any of the utility companies are not covered under the consumer credit act unfortunately. Im sure someone will come along and confirm it.

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Utilities are unfortunately not covered by the CCA 1974 but you could tell them that is not your bill because that is not your name. They would then probably just send you another bill with your correct name on it!

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It would depend on how large the discrepancy is

 

if your name is smith and the letters are addressed to say Smyth, then I would believe the courts would allow the case to be heard, if your name is smith and the letters are addressed to Jones or even smythe then it could be argued that as you are not called jones or smythe, then it cannot be your debt

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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I agree with Spam...it won't be enough for a judge not to enforce it...at best you might get an adjournment, at worst the judge will say, sorry you owe it, pay it, we all know it's you....

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Is this also the case for your title?

eg: Miss instead of Mrs?

 

I wouldn't reckon this would make any difference. if it were mr instead of miss/mrs then it may be argued but given that the difference between miss and mrs is merely a ring and a bit of paper, it wouldn't affect the identification of the individual

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Also, if it were addressed to Mr Mary Jones or Miss James Smith, it would be fairly obvious whom the recipient was:D. I don't think a judge would make issue with a bill on these discrepancies on a name and form of address.

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  • 2 years later...

If the judgement clearly identifies the wrong person ie. John instead of James, it might be worth a punt.

 

If the agreement is in the name of John yet the DCA brings a claim against James, then I would say it is enough to bring a doubt as to the accuracy of the claim

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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