Same name, same DoB. Help!

[woodwings]

Hello all,

I really don't know where to start, but over the past five years I have been inundated with letters and phonecalls from debt collection agencies regarding debts that are not mine but are those of a person who has the same first and last name and DoB.

After the first disturbing letter demanding I repaid a debt I tried to establish how I could prove I was not the person associated with this debt. I was advised to join credit expert in order to veiw details held by experian, this I duly did but all I could see on my references was that they were all in order.

In time I also received a demand from a DCA acting on behalf of the halifax whom i'd previously had a mortgage with, as far as I was aware I had no debt with them. By this time I had built quite a dossier of demands from DCA's and I duly visited my nearest branch and saw the manager.

The manager spent all afternoon with myself trying to establish the reason for the demand and came to the conclusion an incorrect trace on my address had occurred, but there was also details of anther account holder on my details with the same first and last name. In order to persue his investigation further he took a copy of my driving licence and signature duly noting I signed my name using my middle name initial. A few days later I received a letter from the halifax stating I was not the person liable for the debt and that they would remove details from their debt collection agencies and details be removed from the CRA's.

Most of the demands I have had a simple phone call is all that has been required to stop any further action being taken by DCA's, explaining the above and with further references to a linked address in Cornwall where the I have never lived which is now on my credit references held by experian.

 

Sorry to be so long winded but I thought the history might help.

 

Arrow Global LLC sent a statutary demand by hand, I have since been to court in order to set it aside as it is clearly nothing to do with me, I was previously pursued for this debt by Westcot credit services on behalf of Arrow Global who after a phone call wrote back to say they had returned the account to their client. This was 30/01/2009. I then started receiving demands from Arrow Global from 27/05/2009 onwards regarding the same debt reference which turned out to be an MBNA account, I have never held a MBNA account. I probably stupidly ignored any further demands made on me by Arrow Global until I received the SD.

I have since received a Consent Order from Arrow Global but do not know what to do now, the court date has been set for the 5th March 2010 for the set aside application. Please note a letter was sent to Arrow Global by recorded delivery which was received 02/02/2010 to which I had no reply, yet they replied after receiving the set aside court date.

I have spent many sleepless nights worrying about this and time spent seeking advice from CAB and solicitors, unfortunately I am not in a position to pursue help from a solicitor as their costs are prohibitive, and the set aside that I did seems quite amatuer compared to examples I've seen on this forum.

your help greatly appreciated.

[cerberusalert]

Moved to Legal Forum

[diamondgirl]

Absolutely unbelievable how low these lowlife sink.

It is difficult to prove that you are not the person they are looking for.

I had a problem many years ago someone had the same name and date of birth as me the only difference being her surname was through marriage so I was more able to prove my identity.

I would certainly get your MP involved in this and in particular as its election year they seem to be going out of their way at the moment to help joe public.

I would also be going to TS, OFT etc.,

I unfortunately can't help that much with this you need someone with more expert knowledge than I have.

Hang in there someone with the knowledge will be along soon as some caggers dont log on till later.

DG

[woodwings]

Many thanks diamondgirl for your prompt reply, I had thjought of writing to my MP, will follow it through now.

[linz2011]

I think this is a case of identity theft - too coincidental for it to be same name, date of birth and address - have you contacted the police?

I wish you all the luck in the world with this but the truth will out

[woodwings]

linz2011,

I went to the police early on, showed them the demands and the letter from the Halifax, they said it was clearly mistaken identity and not fraudulent, they would not persue the matter as it was not a civil matter.

n.b. the address that has been linked to my address on my credit references is not one I have ever lived at.

[cerberusalert]

You should make a complaint to the Credit Reference Agencies, if they refuse to remove the link to your address complain to the ico because they are processing incorrect data also you can sue them for libel; Complaints about data protection policy - ICO

[woodwings]

Thanks cerberusalert,

could you advise as to what I should do about the Consent Order I received, it states,

"Unless we hear to the contrary, we shall assume the consent order has been filed and will not attend the hearing listed."

Edited February 14, 2010 by woodwings
extraneous script in text

[cerberusalert]

I would suggest you need to attend to defend this.

 

I've asked the other mods if they can advise.

[Ruprecht]

I think this is a case of identity theft - too coincidental for it to be same name, date of birth and address - have you contacted the police?

I wish you all the luck in the world with this but the truth will out

 

There are many Smiths, Browns and Joneses born on the same day with the same first name. Probably a dozen of them every day at least.

 

Then there are the ones who marry a Smith, Brown or Jones too...

 

Not really that much of a coincidence.

[The GodMother]

Have you contacted MBNA in regards to this there must be some type of evidence they hold in relation to this?

 

Also have you asked for a CCA?

[woodwings]

Hi GM,

No I have not contacted MBNA, nor asked for a CCA.

I will try to contact MBNA tomorrow.

Is it not too late to apply for a CCA as I have a date to attend court on the 5th March?

Do I need to ask AG for the CCA?

[The GodMother]

no not to late yes feel free to ask arrow for it as it might help. You said u sign yor name with you middle inital so if the cca comes back without then hey presto.

[woodwings]

Thanks GM, should I use the template for the CCA, I was unsure if I should use it as I'm sure I saw somewhere on the forums that they may send a copy of the agreement not neccesarily with the signature on it.

 

ref. why you shouldnt use section 77/78 CCA 1974 if you want the signed agreement

Edited February 14, 2010 by woodwings
added reference

[The GodMother]

actually just thinking about it you should CPR31.14 them it costs no money and does the same

[42man]

so am I correct in thinking that you did get this set aside ?....this will be verging on harrassment......Do not agree to anything, if this isn't your debt then you should not have to do anything apart from stand in front of a judge and explain (at this stage have made every reasonable attempt) that this is NOT your debt.....you should really get in touch with the OFT and Trading Standards and also take this up with your local MP.....

 

You should also be entitled to your costs when you attend court.....they seem to be making this a personal crusade despite you being the wrong person....

[42man]

Are Arrow not aware that you have NEVER had any kind of account with MBNA ?

[woodwings]

Thanks for your comments 42Man, I only recently came accross this site and unfortunately I submitted the Set Aside forms and Afitdavid myself on advise from the CAB who gave me the forms. After submitting the forms and swearing to the Afitdavid I received the letter from AG with Consent order attached asking me to sign above my details and submit the form to court, they had not signed above their details.

Previous history.

A letter was sent to Arrow dated 2nd June 2009 stating I had no accounts with MBNA to which I received a reply on the 9th June 2009. I then received another letter with attached fraud claim form, I did not fill this in as it requested a crime reference no. and after seeing the police who stated it was clearly a case of mistaken identity and not a matter for them to be involved. I particularly objected to filling in the form as I thought I may be admitting to the debt. My head is really screwed up at the moment and I find it difficult to know what I should do next.

Edited February 15, 2010 by woodwings
ref. previous history

[42man]

Are you able to scan up all the docs ? (minus the personal details ?) use www.photobucket.com if necessary (free)....You're damn right not to sign anything that would in anyway associate you with a debt that isn't yours.....

[42man]

Have you tried calling TS or the Office Of Fair Trading ?.....

[woodwings]

42Man,

please note, I also received aletter dated 7/7/2009 further to a telephone call I made expressing my concerns over the fraud form, and discussion was made about sending a copy of my passport or driving licence, I did not send the copies as I was concerned as to whether it was right to do so. I then received another letter dated 12/11/2009 stating they had not heard from me and that they had not received documentation supporting MY fraud allegation. they stated they would proceed as previously indicated. I then received a letter dated 18/01/2010 stating that a SD had been sent to the Process Server who would visit my address to affect a personal service of demand upon me.

[woodwings]

I tried calling the OFT after the SD was issued but did not really get any help thats when I started to see the CAB.

[42man]

If you cannot get a crime number from your local police station then it is hardly your fault. However I still think they are being unreasonable in attempting to serve a second statutory demand upon you. If the process server does indeed serve a demand on you then we will get it set aside again, and this time you WILL claim your costs. Common sense says that you should not be expected to run around proving that this isn't your debt, and Arrow should be learning a lesson. I think you should write a letter along the lines of....(and send it recorded)

 

Dear sir/madam

 

I am in receipt of your letter dated XXXX, I have already explained that in your course of collection activities, that I have been mistaken for somebody else with the same name, I can categorically state that I have NEVER had any kind of relationship with MBNA.

 

As you already know this has been the subject of legal action and a statutory demand issued by you, was set aside in the XXXXX County Court.

 

If it is your intention to issue a further statutory then I would consider this a highly vexatious and unlawful action by yourselves. Any demand issued will be vigorously defended Please note that when it comes to the issue of costs, I will have no hesitation in showing both this and my previous correspondence to the judge in this matter. I will also be seeking a bankruptcy restraining order upon yourself and considerable damages in light of the upset and distress this has caused myself and my family.

 

In your correspondence, you requested confirmation of fraud, however after visiting my local police station, I was informed that this was a 'civil' matter and not a criminal one. As a result of this I have been unable to obtain a 'crime' number.

 

As you hold a Consumer Credit Licence one of the requirements of obtaining a licence is that you have an official complaints procedure in place, I now require you to send me these within 7 days, faliure to do this will result in me taking further action, and notifying, Gareth Thomas - Undersecretary Of State For Trade And Consumer Affairs, the Office Of Fair Trading, Trading Standards and the Financial Ombudsman.

 

I think it can be reasonably assumed at this stage that this is obviously a case of mistaken identity. As I once again state that I have NEVER had any kind of account whatsoever with MBNA.

 

I await your response within 7 days.

 

Yours faithfully

 

(type your name)...

[42man]

I suggest you get busy with TS and the OFT and drop an email to Gareth Thomas (MP for Harrow and pulls the strings at the OFT)....

[42man]

Please keep us posted, and if they do issue another demand, then let me know and we can get it set aside with costs....