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Can I take legal action against DCA's - Marlins/Lowel/1st credit/aptiv kapital - debts not mine on CRA file


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WOW. NODDLE. I have just raised 40 seperate disputes with them and all have an individual reference number. I will let them work through each one.

 

Good like i say worked for me, i got an email about two weeks later saying all entries were being removed from all three agencies.

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BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Nope I tell a lie, it came in the post :-)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Absolutely no fraud and any allegation that it is fraud would be nonsense, you are attempting to clear your name and personal records.

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  • 2 weeks later...

I think this might need moving to the Credit Reference Agency subform as most of this now relates to CRA file/

 

Update 1.

Noddle have sent me a letter saying they have investigated one of the disputed addresses and have agreed it is incorrect and will remove it from my file. I placed 40 individual disputes with them and supoose that this one confirmation may remove several Accounts and searches at the same time. I have been told to check when the next monthly update occurs

 

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Excellent just goes to prove that you do not have to rant and rave to get a result, in fact sometimes it is self defeating. Nice one :)

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Excellent just goes to prove that you do not have to rant and rave to get a result, in fact sometimes it is self defeating. Nice one :)

 

Thanks Dodgeball.

 

I am not convinced that this alone is going to solve my problem with the DCA's.

I am also getting letters for instance for a T-Mobile debt (never had one) and that does not appear on any of the disputed CRA files.

I suspect that my address is still going to on the other person/s files as a linked address.

Even though I am spending all my time ensurung my file is correct unless the others do the same it will seem as if i am linked to them.

I cannot get the others corrected as the CRA's say due to the DPA i cannot request changes to other peoples CRA files

 

So i reckon that all of this work i am doing could be futile in relation to the DCA letters coming through the post

 

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If you have accounts listed against your name that are not yours then these are a priority matter, you need to make Formal Complaints to the Original Creditors, forget customer services go straight to the top.

 

The original creditor was/is responsible for allowing fraudulent applications to succeed.

 

Any other approach will just lead letter tennis for no result.

 

 

 

 

32

Edited by BRIGADIER2JCS

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Hi Brigadier,

 

I understand what you mean but i have to get my CRA files correct and the best way i see of that is for the CRA's to contact the DCA's on my behallf.

 

I have had a reply from Noddle that they have removed one linked address and i am hoping that this will also mean that any accounts

and searches related to that address will also be removed.

I have to wait another 12 days to get my next report to see what they have done

 

I have also had account data supressed on my Equifax reports as Marlin have not responded in the required timescales.

 

I just know from bitter experience what happens when i try to enter into dialogue with the DCA's

and there is no way i am ringing the pay day loan companies.

I do not suspect any fraud at this stage only that they are chasing the wrong person.

 

I receieved anoter Lowel letter this morning for 4,116 for Co-Op bank.

Again never had any accounts with them but as the debt is with lowel i doubt Co-Op would do anything.

Something else that made my blood boil was Credit Expert advertising on the Lowel letter

 

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If you have accounts listed against your name that are not yours then these are a priority matter, you need to make Formal Complaints to the Original Creditors, forget customer services go straight to the top.

 

The original creditor was/is responsible for allowing fraudulent applications to succeed.

 

Any other approach will just lead letter tennis for no result.

 

 

Hi Brigadier,

 

I understand what you mean but i have to get my CRA files correct and the best way i see of that is for the CRA's to contact the DCA's on my behallf. I have had a reply from Noddle that they have removed one linked address and i am hoping that this will also mean that any accounts and searches related to that address will also be removed. I have to wait another 12 days to get my next report to see what they have done

 

I have also had account data supressed on my Equifax reports as Marlin have not responded in the required timescales.

 

I just know from bitter experience what happens when i try to enter into dialogue with the DCA's and there is no way i am ringing the pay day loan companies. I do not suspect any fraud at this stage only that they are chasing the wrong person.

 

I receieved anoter Lowel letter this morning for 4,116 for Co-Op bank. Again never had any accounts with them but as the debt is with lowel i doubt Co-Op would do anything. Something else that made my blood boil was Credit Expert advertising on the Lowel letter

 

Thanks

 

Yes you just have to keep plugging away at it I am afraid, you will get there in the end.

 

The idea that you can address your complaint to the CEO and that he will stop what he is doing and attend to your problem is sadly naive.

A letter addressed to the various Data compliance officers should eventually end up in the right hands.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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If you have accounts listed against your name that are not yours then these are a priority matter, you need to make Formal Complaints to the Original Creditors, forget customer services go straight to the top.

 

The original creditor was/is responsible for allowing fraudulent applications to succeed.

 

Any other approach will just lead letter tennis for no result.

 

 

Hi Brigadier,

 

I understand what you mean but i have to get my CRA files correct and the best way i see of that is for the CRA's to contact the DCA's on my behallf. I have had a reply from Noddle that they have removed one linked address and i am hoping that this will also mean that any accounts and searches related to that address will also be removed. I have to wait another 12 days to get my next report to see what they have done

 

I have also had account data supressed on my Equifax reports as Marlin have not responded in the required timescales.

 

I just know from bitter experience what happens when i try to enter into dialogue with the DCA's and there is no way i am ringing the pay day loan companies. I do not suspect any fraud at this stage only that they are chasing the wrong person.

 

I receieved anoter Lowel letter this morning for 4,116 for Co-Op bank. Again never had any accounts with them but as the debt is with lowel i doubt Co-Op would do anything. Something else that made my blood boil was Credit Expert advertising on the Lowel letter

 

Thanks

 

Hi stockport, if you go through the CRA you will get the standard response ''we have contacted the creditor who has confirmed that the entry in correct, you will need to contact the creditor directly.'

Which means you have to start at the beginning again.

 

Never ring any DCAs anyway.

 

You need to go straight to the top with these spurious accounts, the Co-OP MUST co-operate in these circumstances as they have sold on an account that is possibly fraudulent.

 

The DCAs love showing they are 'helping' by posting the CRA adverts make them look good.

I can draft a letter for you to deal with Lowell and the Co-Op if you wish.

 

Some with rather naïve views will say going to the top is no good but believe me there are more successes with this than dealing with customer (dis) service departments that have no authority outside their meaningless company script. Please Let me know what you want to do.

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Yes writing to the head man will doubtless get a courteous reply, along the lines , the contents of your letter have been noted and passed to our customer care team.

 

I don;t really see what the problem is with giving them a ring to be honest, it is not as if they are going to talk you into repaying a debt that is not yours, i would be on the phone to them day and night if it were me.

 

not that you do not need to have a paper trail of your complaint of course.

 

What you do not want to do is start making allegations of fraud unless you are 100% sure of your ground.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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All I can say is that I hope it never happens to me, it's absolutely appalling.

Have you considered contacting your MP, the law needs to be changed so that there is a single point of contact for this sort of situation. No way you should have to write to all the credit agencies, they should be required in law to update each other.

If a default etc is placed on someones file by mistake, compensation should be automatic and in proportion to the damage caused.

I'm sure people have been denied a mortgage etc because of this sort of thing, and the stress involved must be immense.

Hope you can get this resolved asap.

 

Good Luck

 

Wooks

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There is a distinct possibility that the alleged Co-op

account and possibly others were obtained by a 3rd party

so the suspicions of fraud are obvious it would be naïve to

think otherwise.

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There is a distinct possibility that the alleged Co-op

account and possibly others were obtained by a 3rd party

so the suspicions of fraud are obvious it would be naïve to

think otherwise.

 

At this stage it seems more a case of the dots having been incorrectly joined and leading to the OP . Fraud is a criminal offence and not something that should be pursued without legal advice IMO.

 

Let's see what happens before considering if fraud has been committed.

 

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At this stage it seems more a case of the dots having been incorrectly joined and leading to the OP . Fraud is a criminal offence and not something that should be pursued without legal advice IMO.

 

Let's see what happens before considering if fraud has been committed.

 

It must be considered along with any other possibilities especially due to the number of apparently spurious accounts.

 

Creditors/DCAs causing incorrect data to be processed on the scale seen in the OPs case it a lot more than an admin error.

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All I can say is that I hope it never happens to me, it's absolutely appalling.

Have you considered contacting your MP, the law needs to be changed so that there is a single point of contact for this sort of situation. No way you should have to write to all the credit agencies, they should be required in law to update each other.

If a default etc is placed on someones file by mistake, compensation should be automatic and in proportion to the damage caused.

I'm sure people have been denied a mortgage etc because of this sort of thing, and the stress involved must be immense.

Hope you can get this resolved asap.

 

Good Luck

 

Wooks

 

If fraud was suspected then the incidents should be reported to the police, I think they would tell you that this is a civil matter( unless you can show intent).

 

There are various actions both having been taken, and are currently being taken against various data controllers for incorrectly placed information on a file.

 

These are civil actions.

 

There are two avenues, one is via the DPA 1998(section 13) which says that an action can be brought against a data controller, unfortunately you have to show that the incorrectly placed data was placed contrary to the available information, then you have to prove actual specific losses caused by the error.

 

The other avenue is via common law tort(duty of care) this depends on the usual definitions of tort law, then the claimant can then make an action for liquidated damages.

 

 

I have a shed load of case law and information on this if anyone is interested.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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The good thing about this OP is that he has demonstrated that he able to sort the wheat from the chaff in this matter.

 

The suggestion of fraud, damages etc. etc would seem to be premature here as there is a structured fact finding mission to embark on. Also we have to be very careful in making suggestions of fraud.

 

I wonder of the OP acted on citizenB's observations in post #9 and Caro's suggestion of the prove it letters?

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It appears to me that if certain people bothered to read the post properly they would see that I have suggested that the possibility of accounts having been obtained by the use off falsified ID and that this should be considered along with all other possibilities.

Edited by ims21

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Yes I have had simmillar problems myself i the past with phantom O2 bills, as the OP has done mine were sorted via Noddle which I found to be excellant.

The OP's case seems to be more severe however and will take a little longer to sort out.

 

In my case as I suspect in many others the problem lies in the assignment of the information from the original creditor to the new owner of the debt.

 

Often they do not give all the debtors details, sometimes just a name , the DCA then sets out on a fishing expedition, when a number of DCAs are involved, any misinformation can cross pollinate and the result is that the incorrect information being spread among a number of DCA's.

 

The only remedy sadly is to contact the DCA's and tell them that they have the wrong person,(common sense) if they do not have the date of birth information etc. the account will have to be suspended until they can get the confirmation details from the OC.

 

The problem can be that if the debtor approaches the DCA in to aggressive a manner the DCA will treat the inquiry as just another person trying to get out of a legitimate debt.

 

There is nothing wrong in contacting a DCA in this situation and just saying, look you have the wrong person, will you check the identification details, in fact it probably is the only way to get this resolved.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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  • 1 year later...

so its been another two years of agro with Lowell. I eventually got a letter from them in Jan 14 saying they are sorry they made a mistake and that I would never hear from them again. I kept them to their word and thought the whole thing would finally be over only to get a CCJ through the post a few months ago. Shocked as I was I reported them to the Financial Ombudsman and got a very strange response from them. They advised me that because it was over 6 months since I got the response from Lowell (jan 14) I had no grounds to complain. They would send a complaint to Lowell but they were under no obligation to do anything.

 

Now unless I had a crystal ball or time machine that could have transported me forward 15 months how was I supposed to know that Lowell would not do what they said which was destroy my details and not contact me again about this matter.

 

I sent in my defence back to the court and then didn't hear anything. I advised the FO and they said to wait and see what they say. Needless to say I waited and waited and eventually I called Lowells solicitors to ask what was going on. They told me that the case had been reversed. I took this as meaning they had changed their mind. Nice of them to let me know though.

 

The FO said they would contact Lowell and get a response. Today I get a letter that says everything but sorry and also blames everyone else but them for this. They offered me £250 as a full and final response that they deem to be fair and appropriate. They can shove it right up their arse.

 

There was no mention of removing the default that is STILL on the CRA files and that they as recently as last month added £600 onto the total. They are also continuing to access my files and leave searches.

 

As a result of them putting this default on my file I had to take a high rate of interest on a loan that I finally managed to sort out as I needed to get a car. What are my chances of getting compensation for that and getting them to pay the interest that I have paid over and above a standard rate.

 

The FO have advised that they have passed this now to the adjudicator and FO have written to Lowell to ask for the business file they have on the complaint.

 

What are my realistic chances of getting anything off Lowell. I want to take them big time as they have also affected my employment. my job requires a MOD security clearance and it was suspended as I could not account for the default. I could not declare as it was not mine and so I missed out on promotions until they removed the suspension off after Lowell replied in Jan 14 saying it wasn't mine.

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It might be in your interests to send a Subject Access Request to Lowell - it will cost you £10.00 and they have 40 calendar days in which to respond, however, it might throw some light on what they are playing at and why.

 

 

The FO have advised that they have passed this now to the adjudicator and FO have written to Lowell to ask for the business file they have on the complaint.

 

 

Are you sure you mean the adjudicator ? They are only first tier brick walls - you really need your complaint looked at by an Ombudsman proper.

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Hi CitizenB

 

That is what the Financial Ombudsman replied today with. " I have processed your case to the next stage which is to be looked at by an adjudicator. I have written to the firm to request their business file on the complaint."

 

My nightmare is far from over though as I have now received letters from 1st Credit for a 17k HSBC account. - Never had one - and Robinson way for 1400 on something called shopacheck - again never heard of it. So I get to the bottom of one and two more appear.

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Well I guess your response to both of those is..

 

You, or your principle (original creditor) have already been advised that I have been a victim of identity fraud. I therefore expect you to either prove irrevocably by way of a signature that I have entered into an agreement with and have a liability for the debt you are pursuing.

 

As I am positive you will be unable to do this due to the fact that I have never entered into any agreement with you/your clients, I must insist that you cease reporting on my credit file and harassing me by mail/telephone.

 

You should definitely not sign the letters - just print your name.

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It looks to me as though they might be restarting your complaint from scratch !

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