HELP! advice required! being pursued for debt which isn't mine!

[m2000]

Hello Everyone,

 

I am a newbie on this site and have had a browse over some of the message boards, crikey you have all been busy!

 

I am wondering if anyone can help/provide a course of action for me for the following situation:

 

A few weeks ago i had a letter arrive from a finance company, claiming that i owed them money. i know nothing of the company. I immedietly checked my credit files and to my horror established that this company had registered a default against me, and had also placed links to various addresses (which i know nothing of at all.)

 

I sent the CRA a request to get the links and the default removed, but they replied saying they only store the data and do not process it. The letters said i needed to approach the company involved and complain... which i did.

 

The finance company has replied in writing saying that they are investigating, and also that they request me to send in my passport and utility bills. I don't think that is something i should have to do?

The letter also said they are unable to remove the default until their investiagtion is complete.

 

Surely they are breaching the Data Protection Act here? basically they have placed an inaccurate defualt relating to someone else onto my file, and also added loads of adddresses which i have never known onto it.

 

Please help. i really dont know what to do..

 

I have only just moved into my first home, with a mortgage etc and really worried its all at risk

 

Surely the CRAs shouldnt be able to store this information without having the full facts and proof that they are black marking the right person..

 

Thanks everyone, any help really would be gratefully recieved.

 

M2000

[lookinforinfo]

Don't worry, your mortgage is not at risk-they can't ask you to give it back.

I imagine that the finance company cross referenced your name when you

applied for the mortgage with a debtor of theirs who has the same name as you. And yes it is a breach of the Data protection Act. It is also libellous

if it is not you who owes money to the finance company..

I am amazed that the cra dismissed your letter so easily since they are as

liable as the finance company. Who did you address the letter to [eg the

data controller] and what was the title of the person who responded.

[m2000]

Hello, thanks for your reply.

 

The letters are all signed from a "collections counsellor" and i sent my only response to "The Collections Manager" that was before i came onto this forum.... should i send everything addressed to the Data Controller?

 

I put in my letter "I do not acknowledge liability for this debt" which i think covers my back from the angle of them turning round and saying, "but you said it was yours"

 

My initial letter to them was basically denying the debt and exlaining it has nothing to do with me. I also explained that i wanted them to remove the default and the addresses which they placed onto my file within 7 days. Their reply was "we are concerned to note that you claim to be unaware of the outstanding debt and indeed of our company itself. We have reviewed all the information available to us we have concluded that we cannot uphold your request." They enclosed a copy of the credit agreement (not my signature and clearly not even similar signature to mine)

 

I then replied with a further letter saying that the credit agreement wasn't signed by myself, and i do not acknowledge the said agreement. Again i demanded that the negative info was removed from the CRA Files.

 

Their last communication was in response to the above letter i sent, and they are requesting driving license, pasport and utility bills. Surely i dont have to send confidential docs like that in?? they can check i exist as i am on the electoral roll..

 

The tone of their letters seems to always be bully tactics and strongly worded. I have never been in trouble of any kind, and this is worrying me like crazy, its like a big cloud over me, they begin to make you doubt you own mind!!!

 

I know this debt isnt mine, but they are refusing to remove the info from the file at CRAs. The CRAs also claim they cannot remove as the data is provided to them by the finance companies.

 

What really grinds on me, is that surely its experian and equifax who store and provide the information to others, ie debt colllectors. and i could end up with more people chasing me for things that have nothing to do with me. Surely the CRA holding inaccurate info (regardless of its source) is illegal?

 

Thanks again, and am sorry for my long winded and stressed response. I just really want to clear my name asap.

 

Thanks again everyone

M2000

[JonCris]

Refuse to send such documents as they claim they know who your are.

 

If you have been the victim of ID theft then report it to the police & tell the DCA & CRA that your doing it. Also again demand they remove the inaccurate info stating that if you suffer any loss as a result of their "lack of care" you will seek legal recourse.

The CRA will claim they only record info provided by their subscribers & cannot check it. Rubbish once they know it's disputed they cannot rely on the "good faith" argument. They have a duty to ensure that the info they hold is true & accurate yet they keep trying to hide behind "we rely on our clients giving us accurate info & if it's not it's not our fault"

 

At some point someone somewhere is going to test that argument in the courts & I don't hold out much for the CRA's chances of winning.

 

You can register with the CRA's fraud register & anyone attempting to obtain credit in your name will be asked for a password which only you will know.

[Guest Battleaxe]

Collections Counsellor..how creative they are getting.

 

DO NOT send any of the documentation they request. you have denied the debt, you hae been given copies of documentation with a signatures which is not yours.

 

You have written to them and covered your tracks, but for good measure re-send it to to the Data Controller with the warning you are reporting the matter to the police, better still report it and and get a complaints number and include that in your letter, so they know you are serious about this.

 

I would also write to the Financial Ombudsman immediately, because that office wont investigate if you have started court action, so get that complaint into the pipe line also, provide the supposed creditor with a copy of this letter also. you have to let them know you are serious about this. Also copy all letters to the the three CRA's telling them that this is in dispute and get them to put a notice on your record that anyone checking your credit record they are to take note of the dispute and the reason for it. I think you are allowed 200 hundred words.

 

Tell the supposed creditor you will only deal with them in writing. This will keep you busy for a while. Take control of the situation.

 

Mention the word fraud to the police , because someone is acting fraudulently and it is not you. You can provide them with the evidence that you have never lived at the addresses and if you have your your electoral roll cards for where you have lived these dates will help your case, but again DO NOT send the company any documentation. make them investigate the matter the hard way. They have to prove to a court that you owe the debt.

 

I hope this helps you, there is a way to go yet and they will try to frighten you, this is the only way they know to work.

 

Onwards and upwards

[JonCris]

m2000 Do not accept telephone calls from these people not unless you can record them that is. Insist on everything being done in writing. This is most important as they will later deny anything that doesn't suit them.

[djweeble]

This may be going against the grain here, but if you can proove beyond doubt that the signatory is NOT you, I would be inclined to send them copies of documentation that can do so, not originals.

 

It might just help to get them off your case faster.

 

BUT, I'd bill them for my time as well, what was the figure mentioned earlier £9.50 per hour ?? Should take you at least a couple of hours taking the bus to town to get photocopies, costs of said copies, costs of recorded delivery, etc, etc.

 

It all adds up to a nice little bill for them to pay you for your inconvenience

[lookinforinfo]

As the crs is the one that is spreading your data to others, try this to stop

them-

 

.......................................................................................................

Statutory Notice pursuant to Sections 10 and 12 of

 

The Data Protection Act 1998.

 

 

Re: account nos. [include account/reference no. finance company]

 

Account holder: [your title and name]

 

Address: [your address]

 

As I have never had any contract or agreement with the above named finance company, you have no authority to process personal data of mine

relating to that company. By continuing to do so you are in breach of the

Data Protection Act 1998.

 

Therefore, take notice that I require that you cease from processing

immediately of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party. Take notice that you must also remove my subject data from all automated processes with immediate effect, as per my rights under Section 12 (1).

 

This Notice is served on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which has been caused to date. And that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Signed,

[sign it]

 

[Title and full name]

 

..........................................................................................................Now address this to the Data Controller

and make sure it is dated [vital!!]

 

Dear Sirs,

 

Re XXXXX Finance Company.

 

As you know, I wrote to you [fill in the date that you first wrote to them]

asking you to remove a default notice placed by the above company.

I am contesting this continued processing of my data as an unwarranted act and I enclose a Statutory Notice to that effect, which is deemed served as of the date noted on the Royal Mail's Recorded Delivery service audit.

 

As you are aware, I am afforded principled rights under Schedule 1, Part 1 ("The Principles" in relation to the manner in which my data is collated, stored and processed. Of particular note, are Principles 3, 4 and 5:

 

“3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4. Personal data shall be accurate and, where necessary, kept up to date.

5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.”

 

In my case, you are retaining and processing data (whether or not this is a simple renewal process of the default flag, daily or other timed factor) where

no contract has ever existed between myself and the finance company.

 

 

Thus you do not have my express permission for you to continue disclosing my subject data to third parties.You should be fully aware that any non-agreed disclosure of personal data to third parties, without written permission is a criminal offence under the Act. Section 35 only allows exemption to this clause, if disclosure is necessary in the detection of crime, and disclosure is so ordered by a Court.You will be aware that you have no such statutory obligation in such a case as this.

 

However, and notwithstanding the assertion in your reply to my first letter, your company does indeed have a statutory duty to remove all inaccurate

information from my credit file. Also, remember that the Data Protection Act 1998 is a criminal act of Law, meaning that offences committed under it are a breach of the criminal code, and can result in criminal convictions for the directors and executives .

 

I am shocked that your company continues to libel me. In view of the

dangers inherent in processing wrongful information, the safest action would

have been to remove the offending data until the position was clarified.

your failure to do so after my letter has negated your defence under the

data Protection Act 1998 s 13. [3] as you have failed to prove thay you have taken care in all circumstances as were reasonably expected to comply with

requirement concerned.

 

Furthermore, as all your information is provided via an automatic process, by refusing to remove the offending data you have breached Chapter 29 of the Data Protection Act 1998, Part II, Section 12 (1),

(1) An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct.

 

So that the Court may evaluate the level of compensation necessary under

The Defamation Act 1966, I require you to supply me with details of all

those who have accessed my file since the default was added in compliance with the Data Protection Act 1998 s7 [1] [iii].

 

A copy of these letters [including your first response] will be sent to the Information Commissioners Office querying your fitness to hold a Data

Protection Licence.

 

So gross is your action of continuing to store this libellous material about me,

I expect nothing less than immediate erasure of all data on my file, on receipt of this letter relating to

the xxxxxx Finance Company.

 

And in view of your inability to conform to the Data Protection Act, I

require that every three months you supply me with updated information

on my credit file, in accordance with the said Act.

 

 

Signed.....

 

........................................................................................................

 

That should do the trick.

 

PS Most of the sections were plagiarised from Surlybonds' posts in the

"default hell" thread located in Legalities.

Give me a while and I wil come back with one for the finance co.

 

PPS Don't forget to send a copy to the Information Commissioners Office.

They might be able to give you an idea of the level of compensation that

the cra should offer to prevent a Court case.l

[m2000]

Thanks everyone for all your help so far, it's really reassuring to know that i can vent my situation and problems and that there are people who will assist and help. means a lot!

 

Is there anything in the wording of the letter i send them that will make them sit up and realise that i am serious... ie: is there a part of the DPA they are breaching and are obliged to remove the inaccruate data??

 

They will obviously try and wriggle their way out of it by saying the whole "we only store the data" but surely there is an argument i can use to counter that...

 

Has anyone here any ideas on wording the letter???

 

I am determined not to back down on this one... the CRA and the DCA are just bullys and its about time they began to learn they are just as accountable for ruining peoples lives and harrasing them as any other financial institution. they have had it too good for too long, they sit and rake in huge profits and wriggle their way out of the DPA by claiming they arnt responsible for it, they "only supply the data" surely the same thing and just as liable...

 

anyone with wording ideas for the letter would be much appreciated, i want to word it firmly, i want to send it to both the CRA and the DCA and quoting relevent sections of DPA, ideas??????

 

Thanks everyone, you are a great bunch.

 

M2000

[m2000]

OOOPS, sorry just realised LOOKINFORINFO has already given me a template... sorry i didnt realise. Many thanks again Letter looks great!! should make them think twice!

 

M

[lookinforinfo]

On looking at the two letters again, they will we just as effective when

sent to the finance company with a few alterations.

The first paragraph of the statutory letter needs amendment to reflect the fact that it is now them that you are referring to. So changing xxxxxx Finance company to either you or yuorselves will be fine.

In the second letter you should delete "and notwithstanding the assertion in your reply to my first letter". as well as "And in view of your inability to conform to the Data Protection Act, I

require that every three months you supply me with updated information

on my credit file, in accordance with the said Act."

 

 

The dates of letters sent will of course be different.

Don't forget to copy to the Information Commissioners Office. And include the previous copies [not the

originals]of their responses to you.

[POCA]

Just to mention, there are more exemptions than s. 35. The one relating to the prevention and detection of crime and apprehension and prosecution of offenders is s. 29, for example. See Part IV of the DPA.

 

Also, which criminal law are you suggesting they're in breach of? Which section under DPA?

[m2000]

Thanks Lookinforinfo, those letters are great. Can you jsut clarify what i need to send tho, i have got myself confused here (doesnt take much!)

 

The Statutory Notice - does that get sent at the same time as the other letter? Do i send them to the CRA and the Finance Company at same time? or try one first and see what is replied?

 

Sorry, its just i am new to all this. What exactly is a Statutory Notice? how long do they have to reply? what do i do if they dont reply? etc...

[JonCris]

They have as long as you give them to respond 7 days? 14 days? there is no fixed time limit other than one that is reasonable

[lookinforinfo]

M2000 The statutory notice informs them that they are in breach of the Act. You include it with the letter just below it. Hit them at the same time.i

Normally, they have anywhere from 7 to 21 days to effect a change, depending on the problem to be resolved. In your case, because of the seriousness of the breach, and the fact that you have already written to them, they are asked to remove the default immediately on receipt of your letters. When they respond is less important than when they act to cease

the defamation of your character.

[lookinforinfo]

POCA, if you have read the whole thread you will know that M2000 has never

had any dealings with the finance company but they have registered a default

against M2000s name.

The DPA was legislated to protect the data of the individual and offences

committed within the act are criminal not civil ofences.

So both the finance company and the cra are processing information without the permission of M2000, which puts them breach of at least 3 of the 8 principles of the DPA. By not, at the very least, removing the default [and

a default which while a serious blot on a credit flie, has no basis in law]

continue to libel M2000. I stipulated the 1st, 4th and 6th principles were

breached plus chapter 29 part 11 s12[1]. How many more do you want?

Besides the letters are addressed to the respective data controllers who

will be only too well aware of how deep they are in.

It is a criminal offence to access personal data or disclose it without proper

authorisation.

[m2000]

Just wanted to post and say thanks everyone for all of your valued work in replying, especially Lookinforinfo who took the time to draft letters for me.

 

It really is inspiring to meet a bunch of people who are willing to help one-another and genuinely try to help out.

 

I have today sent the letter to Equifax and Experian will recieve the same next week if they don't get their scates on.

 

Hope it works!! if anyone comes up with any new ideas on how to tackle the problem please do let me know. I just hope they act upon these letters, proving the debt isnt mine is going to be a nightmare if not, even though the burden of proof is on the lender/finance company/dca, in reality getting them off your back and clearing your name is a hard task!

 

all the best everyone

M2000

[lookinforinfo]

Afraid I can't take the credit M2000, as I said at the time, I plagiarised it

from a post by Surlybonds on the "Default Hell" thread. [i did take the time

to acknowledge my thanks to him for the use of his letters]

 

PS M2000- iwrote this earlier and forgo to upload it.

[m2000]

Hello everyone...

 

As you all know I am fighting to get a default removed which relates to a credit account i have nothing to do with (same name, but not me)

 

I have sent off the letters addressed to the Data Contoller of both Equifax and Experian, along with a Statutory Demand insisting that the automatic reprocessing/reporting of my information is ceased. I also sent this to the bank concerned.

 

To date i have had no response from Experian or the bank, what shoulod i do now?

 

I have today recieved a letter from Equifax, which reads as follows

 

"Thank you for your recent correspondance, details of which have been passed to me for investigation and response.

 

Section 12 of the DPA 1998

I acknowledge your request under Section 12(1) of the DPA 1998, which entitles an individual to write to a data controller to require that data controller to ensure that no decision which significantly affects them is made solely by automatic means. As a credit reference agency, Equifax does not make any automated decisions with regards your credit worthiness or any other critertia that are specified within section 12 (1) Consequesntly, we do not have to comply with your request to remove the information that we process by automated systems. However, you can add a short explanatory note to your report to ensure lenders are aware of your comments."

 

 

Basically they are saying they dont process the information... how can this be?? surely the very fact they store and provide the information held to other companies is in itself processing of informaiton?

 

Any ideas on how i shoudl tackle this one? i dont want them to just wipe their hands of the matter, they are trying to sneak their way out of it!

 

Please any suggestions are welcome, help is needed!!!

 

Many thanks once again.

M2000

[bsia666]

m2000, I wish you well.

[lookinforinfo]

Did you send a cc to the Information Commissioners Office?

[m2000]

Did you send a cc to the Information Commissioners Office?

 

Hello Lookinforinfo,

 

Hope you are well.

 

No, i didn't send a copy to the information commissioner. Is this something i should now do, enclosing the relevent copies of letters sent etc??

 

I am startled that they claim they have no hand in processing the information... all CRAs use software called Fraudscan/insight etc which provides the subscribers (banks etc) to recieve recommendations/outcomes based on information held about a given name, surely this is processing infomation.. I just cannot see how they can claim to not process!!

 

Is there a further letter i can send to Equifax? also what do you think i should do about Experian as they have not replied at all.. the way both CRAs are handling the complaint is frankly disturbing as these people have free rein over everyones info etc.

 

 

The bank which i also sent the statutory demand to have not replied and nor has any info placed onto my files been changed, ie: still default showing regarding a debt which isnt me!

 

Thanks again, your help is very much valued as i am not the greatest person at navigating through processes such as this...

 

M2000

[m2000]

UPDATE

 

TOday have also recieved a letter from Experian... they are claiming the same as Equifax, ie: they are purely providing information not processing it and therefore do not need to comply with the Statutory Demand.

 

Is it worth putting a Notice Of Correction on files at the CRAs?

 

Ie:

 

" I wish to make it clear that several of the Linked addresses appearing on this report have no connection to myself and are currently under appeal. I have no connection with HFC Bank or the addresses to which they have linked me. The accuracy of data held is currently under appeal. I wish to opt out from an automated decision process, as per my rights under the DPA 1998 Section 12(1)."

 

 

Ideas? thanks M2000

[JonCris]

Despite what they claim an NOC will have little affect. Because lenders can't be bothered to read them & even if they do they are not proof positive that the info is wrong. As most of their lending decisions are automatic they just move onto the next applicant.

 

The sole intention of the NOC is to get the CRA off the hook for processing dodgy data that is untrue. Makes them look like they are acting responsibly when we all know they don't

 

Of course they process your data. Write again demanding they comply with the Data Protection Act otherwise you WILL report them to the Information Commissioners Office & may even take legal action to force their compliance

[lookinforinfo]

No, i didn't send a copy to the information commissioner. Is this something i should now do, enclosing the relevent copies of letters sent etc??

I am startled that they claim they have no hand in processing the information... all CRAs use software called Fraudscan/insight etc which provides the subscribers (banks etc) to recieve recommendations/outcomes based on information held about a given name, surely this is processing infomation.. I just cannot see how they can claim to not process!! [./QUOTE]

 

 

Hi M2000, sorry I missed your response-sometimes these threads travel

quite quickly and disappear over the page.

 

So yes, I think you should write to the Information Commissioners Office enclosing copies of yours and

the CRAs correspondence-including that last one.

Explain that you are not the person mentioned on the credit file and you

are angry and upset that libellous information is freely available to all

their members and there seems little you can do about it. And ask the Information Commissioners Office

how you quantify the damage that you feel is being done to your

creditworthiness with a view to taking them all to Court for defamation of character. But first you really want the offending data removed and you are asking their advice on how to go about it.

 

PS Equifax are not claiming that they don't process data: they are saying that under s12 which relates to automatic processing that they do not

do that, rather the automatic processing is carried out by their mebers.