Solicitor letter for a debt I do not owe and had dealt with previously

[mrobson]

I've got a letter from a solicitor re instruction from their client (cabot)

to start proceedings against me because I failed to agree a reasonable payment arrangement.

 

I've ignored their 'clients' recent letters as 3 years ago I had cause to check with Experian etc

and found someone had used my name at an address unknown to me for credit with a catalogue company.

 

I contacted Experian who put a note of dispute on my file and advised it was likely identity fraud related

and contacted cabot and the catalogue company and other credit agencies.

 

The catalogue company refused to remove it and requested I contact them which I did. I have email copy proof.

 

The catalogue company wanted address proof of residency at the time

by way of a document like a bank statement, council tax, utility bill etc in return

for removing the issue from the credit agencies which

 

I said I was reluctant to provide personal documentation given this was already a case of identity fraud!

 

I gave them my address and said they could write to me and provided an email address at the time

(a .ltd one which only a ltd co can own) and my phone number and the ltd company name

and suggested they check at companies house records for contact directors addresses.

These show the information they seek as it also shows any changes of address of which I have never made.

 

Didn't hear anything then in last 6 months or probably more

I got the occasional letter from cabot and I think another company at one point and now this.

 

If someone could please suggest the best way to proceed, it's worrying and makes me a bit cross too.

 

I don't think the catalogue even had my address until I provided it

and it would seem to me that my information is being passed around without my consent.

I was surprised Experian couldn't remove the claim either but only add a note.

 

I also don't know which of these three to deal with and again am concerned about responding

to anyone really as it seems to just give them all something else to build on!

I like to say I'll start charging them if I've to deal with it any further!

 

 

Really appreciate a knowledgeable persons input on this. Thanks

 

 

Mrs Robinson

[Bazooka Boo]

Personally I would check your credit files again, if this is still marked on there then you will need to demand whichever clown

outfit has placed it on there to remove it in its entirety, also you need to demand the same from the credit ref agencies.

 

If they fail to remove this incorrect data, then in order to have it removed, you would need to take legal action against them for defamamtion

and damages of four figures still stands.

 

Did you ever report this ID theft to the Police or action Fraud?

 

Who is the Sols?

[BRIGADIER2JCS]

I've got a letter from a solicitor re instruction from their client (cabot) to start proceedings against me because I failed to agree a reasonable payment arrangement. I've ignored their 'clients' recent letters as 3 years ago I had cause to check with Experian etc and found someone had used my name at an address unknown to me for credit with a catalogue company.

 

 

I contacted Experian who put a note of dispute on my file and advised it was likely identity fraud related and contacted cabot and the catalogue company and other credit agencies. The catalogue company refused to remove it and requested I contact them which I did. I have email copy proof.

 

 

The catalogue company wanted address proof of residency at the time by way of a document like a bank statement, council tax, utility bill etc in return for removing the issue from the credit agencies which I said I was reluctant to provide personal documentation given this was already a case of identity fraud! I gave them my address and said they could write to me and provided an email address at the time (a .ltd one which only a ltd co can own) and my phone number and the ltd company name and suggested they check at companies house records for contact directors addresses. These show the information they seek as it also shows any changes of address of which I have never made.

 

 

Didn't hear anything then in last 6 months or probably more I got the occasional letter from cabot and I think another company at one point and now this.

 

 

If someone could please suggest the best way to proceed, it's worrying and makes me a bit cross too. I don't think the catalogue even had my address until I provided it and it would seem to me that my information is being passed around without my consent. I was surprised Experian couldn't remove the claim either but only add a note.

 

 

I also don't know which of these three to deal with and again am concerned about responding to anyone really as it seems to just give them all something else to build on! I like to say I'll start charging them if I've to deal with it any further!

 

 

Really appreciate a knowledgeable persons input on this. Thanks

 

 

Mrs Robinson

 

 

Hi welcome to CAG,

 

 

What is the name of the solicitor please?

 

 

I would suggest as BB has said recheck CRA files first then reply to the sol along the lines f:

 

 

Ref: use theirs.

 

 

Sir/Madam,

 

 

I refer to your letter dated xx.xx.xxxx, in reference to an alleged debt arising from a fraudulently acquired catalogue account now owned by your client Cabot Financial.

 

 

Please take note I do not acknowledge any such debt to your client.

 

 

I will rigorously defend any court claim in regard to this alleged debt and have sufficient information to defeat any claim.

I suggest you return the file to your client forthwith.

 

 

Use signed for post, check receipt.

[mrobson]

Than you for prompt replies,

 

 

The Solicitors are Mortimer Clarke and included a personal details form to complete for my income and expenditure, like I'm going to do that. Plus a direct debit consent form and how to pay! There was a small section on Independent Advice Orgs like national debtline and CAB.

 

 

They are suggesting I respond within 14 days of the letter but they don't send these recorded so can't see how do they confirm anyone ever receives them.

 

 

I had originally thought to write again by email to the original catalogue company, forwarding the original email correspondence, will rethink on this then.

 

 

Thanks,

[BankFodder]

Can you let us know how much they are chasing you for please.

[mrobson]

Also no I didn't report the identity theft to the police or elsewhere

I don't think I expected it to go any further.

[mrobson]

A little over £300 is what they claim owed.

[BRIGADIER2JCS]

Than you for prompt replies,

 

 

The Solicitors are Mortimer Clarke and included a personal details form to complete for my income and expenditure, like I'm going to do that. Plus a direct debit consent form and how to pay! There was a small section on Independent Advice Orgs like national debtline and CAB.

 

 

They are suggesting I respond within 14 days of the letter but they don't send these recorded so can't see how do they confirm anyone ever receives them.

 

 

I had originally thought to write again by email to the original catalogue company, forwarding the original email correspondence, will rethink on this then.

 

 

Thanks,

 

 

MC are basically solicitors for rent to the DCAs, the DCAs and sols will rely n some form of proof of posting, annotation on computer records.

 

 

I stand by my advice in #post 3, having dealt with similar cases with cat debts and MC in the past.

[BankFodder]

Is your CRA file still marked as in dispute? Please check.

 

I don't think that you should start pretending that you haven't received documents. It is always worth playing it straight. And especially here, as you were not the account holder, why on earth start telling porkies?

I think that you should write to the solicitors.

Tell them that you do not owe them any money and that in all probability you were the victim of identity theft. This was reported to Experian and to the original creditor on XXXdateXXX so all parties are aware. Experian marked your credit file accordingly and it is still marked (check this).

Tell them that you will not be paying and that by pursuing an alleged debt which is clearly in dispute that they are in breach of Information Commissioner guidelines. If they continue, you will report the latter to the IC and that if they attempt to bring an court action then the issue of ID theft - and their breach of IC guidelines will be brought to the attention of the court.

Ask them what steps if any have they taken if any to ascertain the facts of the ID theft. If they bring a court action, you will ask the judge to require disclosure of what steps have been taken.

[mrobson]

It's in Cabots name so it would seem, I just used noddle and have also discovered there is another fraudulent link from the same address with a different company from 4 years ago with another outstanding amount which appears to have been updated this month and so my credit rating is being impacted upon.

[BRIGADIER2JCS]

It's in Cabots name so it would seem, I just used noddle and have also discovered there is another fraudulent link from the same address with a different company from 4 years ago with another outstanding amount which appears to have been updated this month and so my credit rating is being impacted upon.

 

 

You must immediately make a robust formal complaint to the Data Controller of this company, and demand that Noddle (Call Credit) removes the link.

 

 

Unfortunately you will have to check Experian and Equifax as they will carry the same data which needs a notice of dispute placed.

If you would like help with a draft complaint please let me know.

[mrobson]

Thank you Bankfodder for your advice and useful tips for inclusion, I had just thought it improper of them to proceed without proving delivery occurred and wouldn't dream of saying I didn't receive the letters, I've kept them all I think. The other one is with hoist portfolio Holding 2 Ltd, never heard of them or from them either come to think of it, it defaults from Jan 2011 6 months after the listed account start date which is the same time as the cabot one, not sure why it wasn't noticed previously in 2012 when I dealt with Experian over the original one which I'm sure had been registered by the catalogue company and not Cabot at the time. What a mess you can find without realising it's there.

[mrobson]

Actually I dealt with them in 2011, just checked.

[mrobson]

Noodle send a message saying they should get back to me within 24 hours, however I know someone must have read it because I had a more personal reply from someone using the same email address about signing up within the last hour. Don't these credit reference lot contact the companies for you if you dispute something they hold on your file? I think they are obliged to contact the other agencies too aren't they? I probably still need to draft something to the MC solicitors and probably think about what to do on the other one as well really as no doubt they will chase it at some point and its affecting my ratings. The other sum was about £250

[mrobson]

I've forwarded BACK the email Experian sent me previously in 2011 on the matter with a covering letter asking if any notes they added remain and also requesting that they remove these two defaulted accounts that I can see associated with me which I do not acknowledge and are totally unproven to date despite contacting one of them in 2011 with Experians direction/assistance who also contacted them. I shall draught a letter along the lines of what's been suggested in this post to the Solicitor pursuing the matter and post that recorded delivery. It does really seem that your credit record can be tarnished without any sound proof being required and it's all then on your shoulders to deal with, quite wrong. Thanks for your help.

[ericsbrother]

email [email protected] and remind them of their own document titled "due dilligence and implementtion procedure" para 2.1.1, 5.2.2 and 6.1

Tell them that they have 14 days to correct the fraudulent entries or you will report them to the ICO Also ask them why they have linked your file to the other person/address when you have made it clear that there is no association and say that you will be seeking financial remedy unless they immediately investigate this and correct your files.

[Durkin]

Hi,

 

The letter amounts to extortion.

 

I'd take it to the police for them to deal with.

 

Good Luck.

 

Richard.

[mrobson]

Incredible though this may seem, having got rid of this they are AGAIN chasing me for it by letter and phone!!!! Unbelievable! (in a Victor Meldrew voice!)

 

I complained in mid 2014 to creditexpert about the fact this appeared on my record via them and that they had done nothing to check it's accuracy (they defend themselves by saying the onus of accuracy lies with the company supplying them with the data! ie cabot! ) anyway following this as they did follow it up, I eventually got a letter from Cabot apologising for cabots error in incorrectly linking the address to mine with the debt and that all credit data would be removed.

 

So what on earth are they doing this again for! It's yet again affected my credit rating! I have complained to the Financial Ombudsman about the clear incompetence of Cabot - Id like compensating for the inconvenience they cause!

 

Mark

[Bazooka Boo]

You will need to take out a small claim against them.

 

First you need to write to them complaining of their incompetence and incorrectly marking your credit file, give them say, 7 days by which to remove the inaccurate data, failing which you will seek legal remedy.

 

If they fail to remove it within that seven days, give them a date by which it is to be off your file, then you will need to send them a LBA with another date by which to remove the incorrect entry, send this recorded delivery, then when/if they fail to rectify you can issue a claim against them for defamation, and if you can prove you have suffered a financial loss, such as being refused for credit, mortgage, or failing to get preferential rates due to this incorrect data, then the price of compo goes up.

[mrobson]

Thanks for the reply BB, just to clarify it's Cabot who sent the recent letter not the original solicitor but as this is how it started last time, I've no doubt that Cabot will instruct them again if I don't do something beforehand!

Mark

[Bazooka Boo]

Exactly the same applies, whoever it is.

 

You should also make a complaint to the CRA reporting the inaccurate data and inform them that you are going to take legal action against the company they have allowed to place this data on your CRF.

[ericsbrother]

they buy lists of names and the CRA's apply an algorithm to suggest the liklihood that the particular person they are after is xx. The DCA's are then supposed to use their brains and make decisions accordingly but in your case they are just blindly following the same old path that was arong then because they dont have a clue but do have a computer printout.

This is the fault of the CRA's they make money from this list selling and should have removed your name from the list before selling it on again. However, they will never even admit this is a possibility

[mrobson]

I've complained to the CSA about Cabot today using their PDF form as required. I also wrote to Noddle and Experian credit agencies and mentioned previous reference numbers they issued last time around. Experian said the information supplier has the responsibility to ensure it's accuracy not them. Slopping shoulders if you ask me, they are collectively responsible. I also wrote to Cabot themselves. I basically used a blanket email addressing them all and have suggested 7 days to resolve it.

[ericsbrother]

trying to persuade that the CRA's selling duff lists is wrong will be difficult, the information didnt exist until they created it and sold it on. It is not the same as someone having a relationship with you and marking your file, Cabot have just picked a name out of a hat and Experian own that hat and put the names in it so they are responsible.

[Bazooka Boo]

Completely agree, in one breath they state that ''this is YOUR credit file' and in the very next state that they are ''unable'' to change any information on YOUR credit file as it is down to the OC/DCA.....you just couldn't make it up, and then they make YOU pay to view YOUR own credit file.....and people pay it too!!