Same name, same DoB. Help!

[woodwings]

42Man,

sorry if I was not clear but I only received the SD on the 23/01/2010 and am in the process of getting it set aside, not due in court until the 5th March, received consent order 08/02/2010.

[42man]

OK where are you so far with this ?

[42man]

What did you put in the affadavit if I may ask ?....(don't fill out any consent order)....

[woodwings]

2. That I © xxxxx xxxxxxx xxxx do not admit the debt because I have never held a MBNA account, I am not the debtor.

I beleive AG have conducted an incorrect search on date held by Experian.

As far as I can be aware data held by Experian is incorrect, which I have disputed with them, which links me to an address in xxxxxxxx.

I have never lived nor owned or rented accomodation in xxxxxxxx. I have resided in xxxxxxxxxxx since 1991 at my present address prior to which I lived in xxxx.

I have had other debt recovery agencies making demands since 2005 all of which have been associated to me via links shown on data held by experian.

I do not admit to any of these debts, they have been made by a xxxxxx xxxx who lives in xxxxxxxx.

Please find attached details for proof of my Identity and details of residency.

 

Supplied letter from GP.

certificate of register of electors.

copy of passport.

copy of driving licence.

copy of birth cert.

Letter from xxxxxx after a similar demand was made.

 

n.b. The letter stated an incorrect trace had been carried out and that details would be removed from their debt management services and from CRA's.

[woodwings]

Received letter this morning from Experian dated 10/02/2010,

stating that further to recent correspondence that the linked address be deleted from my credit report.

Just checked my report and the linked address has been removed also been informed that data regarding an account ( which has nothing to do with me ) that is in default will be removed within seven days.

 

This has been going on for far to long, I have disputed the data since 2006.

[42man]

Excellent.....you should puff out your chest, take a deep breath and spit flames in front of the judge at this comapny and your situation....you should not have to go through this twice, there is a clear dispute, you do NOT owe this money. Make sure you send your FULL costs to the court, they should be in the court file 24 hours before the hearing....take a look at this - http://www.consumeractiongroup.co.uk/forum/dca-legal-successes/211818-lowell-hampton-statutory-demand-3.html#post2337865

 

you should also ask the judge if he/she would be happy to grant you a bankruptcy restraining order at the hearing, any adverse information that this company may have added to your files also....and quote this case to the judge in support of your costs, it is clear there is a dispute, and the DCA have not addressed it fully !!! Do not be a soft target or the victim....!!!

 

As a lone parent (could replace with low income family here HAK !!!) with limited finances I approached a solicitor by phone and asked for an estimate on how much it would cost. I was given an estimate of 3 to 6 hours at £170 per hour to prepare the Application (£510-£1020) plus extra for attending the court.

 

I respectfully request that the court give consideration to awarding these costs on the indemnity basis or, in the alternative, on the standard basis as I believe, in any case, that they have been proportionately and reasonably incurred and/or are of a proportionate and reasonable amount.

 

In support of this request, I would also like to refer the court’s attention to the authority of the High Court in the case of:-

 

Hammonds (a firm) v Pro-Fit USA Ltd [2007] EWHC 1998 (Ch)

 

In this case, Mr Justice Warren confirmed that it was usual for an indemnity award to be made:-

 

27 So far as disputed debts are concerned, the practice of the court is not to allow the insolvency regime to be used as a method of debt collection where there is a bona fide and substantial dispute as to the debt. Save in exceptional cases, the court will dismiss a petition based on such a debt (usually with an indemnity costs order against the petitioner).

[The GodMother]

42man.

 

The problem here is arrow has chased him for 2 different debts. Both relating to the same person tho.

The first being a barclays account which after the OP contacting barclays they said was in correct info.

 

The second being MBNA which they have issued a SD for.

 

Have you tried to contact MBNA like l said yesterday?

[42man]

Thanks GM....so have they added both together on one demand ? or is this demand JUST for the MBNA one ?

[woodwings]

Hi, GM, 42man,

Barclays were never involved, it was the Halifax who were very helpful, currently the SD is just for the MBNA, through AG.

[woodwings]

GM

I have contacted MBNA today by telephone regarding the account.I explained to them there had been errors regarding linked addresses held by experian. They sold on the account to AG. They would not give any further information over the phone because I was not the cardholder.

[The GodMother]

Hi Woodwings.

 

Sorry about the confusion over barclays and halifax as you can understand they areboth as bad as each other.

 

I understand your not the account holder but then they must be able to help you in some way as OFT guidelines on debt recovery states they are responsible for the actions of there agents or ppl acting on there behalf. Part 1.9 from my memory.

 

I would re speak to them demand to speak to someone in authority like a DPA officer or litlgation manager and politely remind them that AG are harrassing you on there behalf and unless they do something to help the OFT will not look favorable towards them when you make a complaint regarding AG.

[woodwings]

Hi all,

Feeling much better after discussions on this site, especially after receiving note from experian regarding linked addresses and data removal. I have been to local CAB today who contacted AG as the Consent Order had not been endorsed. I expressed my worries about filling in the CO and the CAB stated only I could decide what course of action to follow.

 

a) endorse the CO and send back to AG with a cover letter and NO ORDER TO COSTS written on the CO.

 

b) to retain the CO until the court date and agree terms there, notifying AG of my intent.

 

c) get a solicitor to continue on my behalf.

[The GodMother]

go to the hearing.