mistaken identity

[BARFLY]

My partner was called into her office at the school where she works today. The head teacher explained that she'd received an embarrassing letter that needed addressing. Turned out it was an attachment of earnings order from the court. The headmistress telephoned the local court and was informed it was in the name of HFO services / Turnbull Rutherwood. My partner has no debt whatsoever and was highly embarrassed when denying any knowledge of it. She telephoned HFO / TR and was told it was in relation to a CCJ registered for a store card. After denying any knowledge of it and explaining it was mistaken identity she was asked to prove it by sending recorded delivery a copy of her passport with her date of birth.

 

When she got home a few simple searches on 192 shows that the person confirmed lives at a different address locally. She has the same name but has a middle initial where my partner does not. What's most annoying and puzzling is that they have done a search somewhere and come up with my partners details. this can only have been a search of local authority records for the "name" and then have done no cross referencing whatsoever and sent this to the school.

 

what's happened here? have they recieved no response from the address where the CCJ was registered and so thought they would do another search like this? and then not bother to look at the original application for credit to match the employment details. or have they maybe sent something to the employment details on the original credit application and then done a search and thought "oh, here she is, working for the local authority..."

 

I'm meandering a bit here, but i'm just so furious. what can we do to these ******* HFO/TR to land them in hot water? is it worth sending them a SAR to reveal where they got my partners details? is it legal to search local authority records of employment like this? is she liable for any compensation? like they say, S**T sticks. could her credit record be damaged in any way by this?:mad2::mad2:

[firstship]

Was gone to say Cant believe this,but I can.This is so illegal. No need to SAR as the debt is not yours.

 

Check your credit file and then proceed to make a case against HFO/Turnbull Rutherford,what they have done and their methods is sufficient for you to go for compensation and challenge their competence to hold a licence.

 

Speak to ICO and OFT

 

The Local Authority in question by given Personal Data have also contravened the Data Protection Act.

 

Go for it

 

Regards FS

[teaboy2]

Yes if they have made public the court case or registered a default on her credit file that she is entitled to compensation and can put in a claim for libel against them too.

 

She should contact the court and ask for the judgement to be setaside on the grounds she did not receive any paper work, and she intends to defend on the grounds of mistaken ID - Also its possible the person that shares her name gave your address instead of her own knowing they would chase your other half and not her.

[Bazooka Boo]

I don't think the OP's OH has the CCJ, it is the other woman with the same name who has the CCJ.

 

These imbeciles have literally got the wrong end of the stick, and have done nothing to ensure they have traced the correct person.

 

As for their wholly incompetent staff have further proved by demanding a copy of her passport! You just can't make that up..

 

Ignore HFO and TR, they have a long way to climb out of this hole!

 

So, why did they send a letter to your OH's work??

 

Ring the court and inform them that they have issued an AOE to the wrong address and the wrong person, and that you will not be letting this lie, before it has been investigated and reported to as many organisations and the media as is possible.

 

Make a formal complaint to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

The Information Commissioner http://www.ico.gov.uk/complaints/data_protection.aspx

 

Your Local MP http://www.writetothem.com/

 

And the Media http://www.bbc.co.uk/watchdog/gotastory/

[Huff&Puff]

I'm gobsmacked. You would have thought that with a "minded to revoke" in the wind they would be extra careful, but there are more and more threads lately where they seem utterly determined to lose their licence. It can't happen soon enough

 

I would be wanting lots and lots of compensation for this one.

[the_shadow]

Personally I would complain to HFO and in that letter state you invite them to withdraw their CCJ and AOE as they clearly have the wrong person and a simple bit of investigative work would have clearly shown this, further you will not be proving who you are as there is no need to, clearly they have linked this debt incorrectly and as such must suffer the consequences. If they refuse then you will not only seek legal redress but will claim all costs and ask for punitive damages to a previously unblemished credit history.

 

Also complain to the OFT and help put another nail in the coffin of this company.

 

S.

[DonkeyB]

Oh lovely HFO. Another nail in the coffin.

[DonkeyB]

Not mistaken, IMO – it is not for you to prove it is not your debt. It is for them to prove it is.

 

This will be a quite deliberate act on behalf of Turnbull Rutherford, which in fact runs HFO.

 

Report to TS and especially OFT – help them lose their licence.

[BARFLY]

thanks to all those who have replied. sorry it's been some time between posts.

 

just to clarify, the real debtor is the one with the ccj. i'm assuming this because of the attachment or earnings order. it's just perplexing that the first my partner has heard of this was when being called in by her headmistress. the headmistress exlained that she had received the order on Friday but spent all weekend at home thinking how to deal with it delicately! she herself was put in an embarrassing situation. luckily, my partner has been there for ten years and so has a good standing. what might have happened had she been there on a probationary period for six months? or if the headmistress was a bit of a gossip? it's disgraceful.

 

my partner is telephoning HFO today to request a copy of their complaints procedure, the details of the compliance officer etc. she is also going to ask for a letter to be sent to the headmistress explaining it was mistaken identity, and for a copy of a letter that HFO are GOING TO send to the court explaining that they have made a mistake etc. let's see if they have the decency to agree to these requests after putting her through this ordeal. i don't think so. these people are the **** of the earth. yesterday they were slightly agressive in their response, demanding a hard copy of the drivers licence, demanding that she prove that she wasn't the debtor etc.!!!

 

checked her credit file last night and it's clean. not even any searches except for a home insurance renewal. God, it would be so easy to turn these people inside out in a court.

 

is this a case of defamation? at least two people have inferred that she has debt collectors chasing her. the headmistress and whoever sent the letter to the headmistress from the LEA.

[ScarletPimpernel]

I'm gobsmacked. You would have thought that with a "minded to revoke" in the wind they would be extra careful, but there are more and more threads lately where they seem utterly determined to lose their licence.

 

 

I'll wager there's a phoenix waiting in the wings...

[DonkeyB]

It’s called Validor Capital.

[the_shadow]

I'll wager there's a phoenix waiting in the wings...

 

Yep agree, this firm will reappear with a different name, possibly different board members to assist the licence application.

 

S.

[DonkeyB]

It exists already.

 

http://validorcapital.com/managementteamvalidor.html

 

Badri Nathan, Alasdair Turnbull, Ibrahim Aldawami – all directors of or linked to HFO Capital Ltd Ireland.

 

In fact, some of HFO’s legal guff already comes from Validor in India and is marked as such.

[BARFLY]

Just a quickie. Just spoke to my partner. she spoke to them on the phone today. they were adamant they were not going to send a letter of explanation to her headteacher or lea. "that will not happen"... just knew it. these people go about destroying peoples lives but feel no compunction to apologise when they make mistakes. it was my partner who telephoned them. if she hadn't she would probably never have heard from them. said they had already written to the court to explain the mistake. but apparetly have made no effort to write to the innocent parties in this debacle.

 

will be putting together a recorded delivery letter tomorrow requesting anything and everything form them

[BARFLY]

oh...

 

"what more can we do? i have apologised for the mistake. it's an error that is still being investigated"

 

it was then she requested the letter to the teacher

[Bazooka Boo]

OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

ICO http://www.ico.gov.uk/complaints/data_protection.aspx

 

Local MP http://www.writetothem.com/

 

BBC http://www.bbc.co.uk/watchdog/gotastory/

 

And your RD letter to them MUST contain the sentence "Please forward your complaints procedure by return of post"

[the_shadow]

OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

ICO http://www.ico.gov.uk/complaints/data_protection.aspx

 

Local MP http://www.writetothem.com/

 

BBC http://www.bbc.co.uk/watchdog/gotastory/

 

And your RD letter to them MUST contain the sentence "Please forward your complaints procedure by return of post"

 

Cant disagree with any of the above

 

S.

[BARFLY]

thanks everyone.

 

will be putting the complaints together to all and sundrie today. will keep you updated.

 

their complete refusal to send a letter of apology and explanation to her employer is the most irritating thing:-x

[firstship]

A letter of apology is only the minimum requirement

 

Make sure all avenues are taken to the very end.

 

This has got to stop DCAs with attitude need to lose their licence

 

Wish you all the best FS

[whyme-agen]

Hi Barfly,

 

Welcome to the 'Mistaken Identity' club.

 

I unfortunately have been a member for five years now, but as I intend starting a thread as a warning to everyone,I will not turn this into an epic.

 

These people are good at spinning their web of lies and deceit,so make sure they have removed all of this Incorrect information from their database.

 

I would keep an eye on your credit reports as well.

 

All the best

[DonkeyB]

Also, a section 10 letter –

 

DPA, Section 10

 

10 Right to prevent processing likely to cause damage or distress.

 

(1) Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—

 

(a) the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

 

(b) that damage or distress is or would be unwarranted.

 

(2) Subsection (1) does not apply—

 

(a )in a case where any of the conditions in paragraphs 1 to 4 of Schedule 2 is met, or

 

(b) in such other cases as may be prescribed by the [F1 Secretary of State] by order.

 

(3) The data controller must within twenty-one days of receiving a notice under subsection (1) (“the data subject notice”) give the individual who gave it a written notice—

 

(a)stating that he has complied or intends to comply with the data subject notice, or

 

(b) stating his reasons for regarding the data subject notice as to any extent unjustified and the extent (if any) to which he has complied or intends to comply with it.

 

(4) If a court is satisfied, on the application of any person who has given a notice under subsection (1) which appears to the court to be justified (or to be justified to any extent), that the data controller in question has failed to comply with the notice, the court may order him to take such steps for complying with the notice (or for complying with it to that extent) as the court thinks fit.

 

(5) The failure by a data subject to exercise the right conferred by subsection (1) or section 11(1) does not affect any other right conferred on him by this Part.

 

 

So if there’s anything recorded with the CRAs as well, it’s defamation time!

[BARFLY]

is it only defamation if the CRAs have recorded adverse? surely the fact that her employer received a letter stating that she was being chased for an outstanding £2000 debt is defamation. had her headteacher just filled in the attachment of earnings order and returned it then before long payments would have been deducted from her salary!

 

just an update. the email address that was provided to me yesterday by TR was false. they obviously want us to go away.

[teaboy2]

Yes - any false information provided to a 3rd party is libellous, and detrimental to the person.

 

Although they maywell have ment to have sent it to the employer for the other person with the same name, they should have checked to make sure your other half was the person to whom the attachment of earnings was ment for. Are you certain they issued the CCJ on the other person and not your wife, have you check credit files to make sure? It maybe that they have not registered the CCJ on your file yet.

[Jasper1965]

how did they know who your wifes employer is?

 

What records are they accessing to establish this kind of information?

[BARFLY]

Just signed up to credit expert for the 30 day free trial and there is no CCJ. didn't stop to think that it might take a week or two to appear on the report.

 

i'm assuming that a CCJ has been issued for the other namesake, otherwise they would not have been able to apply for the attachment of earnings. perhaps they've moved on from the old address or they've had no response whatsoever and so have asked some cretinous trace agent to find out where she has disappeared to, and hey presto, after somehow accessing local education authority records they have come up with my partner, her school, and her job title - which is quite unique.

 

I am not sure what records they have accessed, jasper. surely this cannot be legal. they must have done a search of what are usually large employers - i.e the NHS, local authorities etc. and came up with the name. don't tell me that they have gone to these bodies and said "we're looking for someone who owes us money. we're not sure if she works for you, but do you mind if we view your records..." surely not.

 

they were completely evasive on the telephone when my partner asked the same question. they wouldn't confirm where they got the information. can i specifically request where they got the information with a SAR? her name would be the main thread in any search so surely they would have to provide this...