Default

[SilverLining]

Hi

 

Can anyone help, basically incorrectly linked to an address I know nothing about on Equifax, they state that it must remain as they think I did live at the other address. Anyway, the default looks like this:

 

 

My queries are;

 

1. Can this company put the default on my file as I understand they are a DCA?

2. Even though it isn't me, I think it'd be easier to write direct and tell them it isn't me but also threaten them to remove the info as they are not authorised to place a default if I never took agreement out with them. Is this correct or can they issue defaults? Any letter templates etc that would assist me?

 

I am not too bothered about linked address as i'll add notice of correction to it advising lenders it isn't me (if Equifax Police allow me of course) but in the meantime I do need the default removing. In a nutshell, it relates to a Littlewoods catalogue account which is sod all to do with me, but that's irrelevant because i'd sooner force them to remove details, If I can't do this then I may argue it isn't me!

 

Its complicated as the 'dopelganger' does have same name and date of birth but it is not me lol. I will deal with this issue separately at a later date but need the default removed as it's registered at my current address - not the linked one!

 

Any help would be appreciated. :twisted:

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/181773-disputed-account-sold-dca.html

 

several threads on the same issue

 

time do some reading!

 

dx

Edited February 5, 2009 by dx100uk
missed a bit!

[SilverLining]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/181773-disputed-account-sold-dca.html

 

several threads on the same issue

 

time do some reading!

 

dx

 

 

Thanks

[SilverLining]

Bump - anyone got any idea's what to do? The link given doesnt really apply to my case

[SilverLining]

Bump..... :twisted:

[cadencealex]

How come after it defaulted, they are STILL adding money?!

[SilverLining]

How come after it defaulted, they are STILL adding money?!

 

Haha - sorry????

 

Please tell me you're serious - does that add another cock up to the whole thing apart from the fact, it isn't mine, they are a not the lender, if it was mine I wouldnt have signed an agreement with them would i?

 

Please help..... well spotted and what makes you think they added money? Thanks

[cadencealex]

Haha - sorry????

 

Please tell me you're serious - does that add another cock up to the whole thing apart from the fact, it isn't mine, they are a not the lender, if it was mine I wouldnt have signed an agreement with them would i?

 

Please help..... well spotted and what makes you think they added money? Thanks

 

 

Well the default balance is £1400 + but the actual balance now is £1600.

 

Once it defaults, the agreement is terminated and so it shouldn't be going up.

 

Mine have only ever gone down, as I have made payment!

[SilverLining]

Well the default balance is £1400 + but the actual balance now is £1600.

 

Once it defaults, the agreement is terminated and so it shouldn't be going up.

 

Mine have only ever gone down, as I have made payment!

 

Hmmm thanks

 

However I wont be paying anything! So because it is only a default does that mean it can stay there for 5yrs and then a day before the 6yr they make it a ccj for another 6yrs>

 

Please help if you know, i'm totally confused.... thanks ;-)

[cadencealex]

Hmmm thanks

 

However I wont be paying anything! So because it is only a default does that mean it can stay there for 5yrs and then a day before the 6yr they make it a ccj for another 6yrs>

 

Please help if you know, i'm totally confused.... thanks ;-)

 

If it's not yours, it has to be removed.

 

If it is yours for an account you have forgotten about, you have to establish that.

 

I would google the company, send a CCA request and say you do not acknowledge the debt

 

If it is yours, it will stay there until 6 years from the date it was placed on your file, unless you can get out of it with an unenforced agreement

 

And even then, that will be a fight

[Sparkie1723]

Hi

 

Can anyone help, basically incorrectly linked to an address I know nothing about on Equifax, they state that it must remain as they think I did live at the other address. Anyway, the default looks like this:

 

 

My queries are;

 

1. Can this company put the default on my file as I understand they are a DCA?

2. Even though it isn't me, I think it'd be easier to write direct and tell them it isn't me but also threaten them to remove the info as they are not authorised to place a default if I never took agreement out with them. Is this correct or can they issue defaults? Any letter templates etc that would assist me?

 

I am not too bothered about linked address as i'll add notice of correction to it advising lenders it isn't me (if Equifax Police allow me of course) but in the meantime I do need the default removing. In a nutshell, it relates to a Littlewoods catalogue account which is sod all to do with me, but that's irrelevant because i'd sooner force them to remove details, If I can't do this then I may argue it isn't me!

 

Its complicated as the 'dopelganger' does have same name and date of birth but it is not me lol. I will deal with this issue separately at a later date but need the default removed as it's registered at my current address - not the linked one!

 

Any help would be appreciated. :twisted:

 

My personal advice under your circumstances is first write a letter to Equifax and make a section 10 demand under the Dta Protection Act and demand that they remove the entry they will most probably refuse, but at least you have taken the first steps, make sure that you also add failure to comply, will result in you applying to the Couirt for an enforced section 10 order ( look up section 10 in the Data Protection Act available from the ICO website ).

 

Ram it home that you will take them to Court it will cost you £85 to issue an application, they will have to convince the Court that it is you....if they can't then you can claim damages.

Hopethis is of some help.

I will help you as much as I can.....but I am no laywer I can only give advice/views from my own experiences.

 

sparkie

[SilverLining]

My personal advice under your circumstances is first write a letter to Equifax and make a section 10 demand under the Dta Protection Act and demand that they remove the entry they will most probably refuse, but at least you have taken the first steps, make sure that you also add failure to comply, will result in you applying to the Couirt for an enforced section 10 order ( look up section 10 in the Data Protection Act available from the ICO website ).

 

Ram it home that you will take them to Court it will cost you £85 to issue an application, they will have to convince the Court that it is you....if they can't then you can claim damages.

Hopethis is of some help.

I will help you as much as I can.....but I am no laywer I can only give advice/views from my own experiences.

 

sparkie

 

Sparkie, thanks mate appreciate your reply.

 

assuming it is me for a moment, it isnt but just assume it is (I cant be paying for things just yet so i'm arguing the illegality of the default in the first place)

 

The cra think i'm the other guy cos he lives near me and i'm not on electoral roll at old address (didnt want to pay council tax thats all...)

 

Anyway, I live at diff address to the link they have and I applied for a littlewoods account - got declined straight out then noticed this default on my file. They say it is at X address but my previous address is nothing like it. See my problem?

 

So, what i'm asking is;

 

1. can the dca add a default?

2. why has the default increased?

3. I never signed nor received a default

4. they only got my address when I applied to them for a product

5. I never had an account in the past - they should prove it surely?

6. my personal details will not match what they have on record.

 

Is this an illegal default?

[Sparkie1723]

Sparkie, thanks mate appreciate your reply.

 

assuming it is me for a moment, it isnt but just assume it is (I cant be paying for things just yet so i'm arguing the illegality of the default in the first place)

 

The cra think i'm the other guy cos he lives near me and i'm not on electoral roll at old address (didnt want to pay council tax thats all...)

 

Anyway, I live at diff address to the link they have and I applied for a littlewoods account - got declined straight out then noticed this default on my file. They say it is at X address but my previous address is nothing like it. See my problem?

 

So, what i'm asking is;

 

1. can the dca add a default?

2. why has the default increased?

3. I never signed nor received a default

4. they only got my address when I applied to them for a product

5. I never had an account in the past - they should prove it surely?

6. my personal details will not match what they have on record.

 

Is this an illegal default?

 

 

If a default has been registered in your name and you can prove it 100% that it is not you........you have an extremely strong case for libel actionagainst both the DCA and the CRA, if you are sure you prove this by documentary evidence, then I would tell them both that you intend to sue them in the County Court under the Libel & Defamation Acts, providing that you claim no more than £10.000 you can sue in the County Court.

 

sparkie

[spark1]

Silver

 

You already have another thread on this:

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/172948-help-credit-ref-agencies.html

 

You aint gonna get anywhere going over the same stuff, get stuck into them

 

Spark

[SilverLining]

Silver

 

You already have another thread on this:

 

http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/172948-help-credit-ref-agencies.html

 

You aint gonna get anywhere going over the same stuff, get stuck into them

 

Spark

 

Thanks mate - I couldn't find that thread!!! Cheers.....

 

I am still thinking it's best to wait the time period then everything will drop off. Its hard (almost impossible) to prove I am not the same guy, in a nutshell a close friend done it. Thus I want no legal action taken, but for the sake of the law it was not me.

 

Can you see my dilemma? If I sue/take it further then it means grassing up my friend who i've already beaten black and blue!

 

Bottom line he applied for stuff in my name using my details but said I lived at the house, obviously it was only recently I found out how bad things were but cannot go to police - I don't work like that.

 

So if it means it stays with me for 6yrs so be it. I was hoping, because I never signed for anything etc that I could have it removed.

[SilverLining]

edit.........

Edited March 12, 2009 by SilverLining