Jump to content


  • Tweets

  • Posts

    • Excellent news! Thread title updated. Please do consider a donation in light of the help received here. The help we give is free, but try telling that to our server hosts!
    • Hello dx100uk, After months of waiting for a response I finally got a reply and I must say it was the worst 4 months of my life the - fear of the unknown. So, they wrote back and said I was in the wrong BUT on this occasion they  would not take action but keep me on file for the next 12 months. It. was the biggest relief of my life a massive weight lifted -  I would like to thank you and the team for all your support
    • I have contacted the sofa shop who are sending someone out tomorrow to inspect the furniture. I suspect if anything a replacement will be offered although I would prefer a refund. Few photos of the wear in the material, this is how it was delivered.  
    • Yup, for goodness sake she needs to stop paying right now, DCA's are powerless, as .  Is it showing on their credit file? Best to use Check my file. All of the above advice is excellent, definitely SAR the loan company as soon as possible.
    • Hi all, I am wandering if this is appealable. It has already been through a challenge on the Islington website and the it was rejected. Basically there was a suspended bay sign on a post on Gee st which was obscured by a Pizza van. The suspension was for 3 bays outside 47 Gee st. I parked outside/between 47 & 55 Gee st. I paid via the phone system using a sign a few meters away from my car. When I got back to the car there was a PCN stuck to the windscreen which I had to dry out before I could read it due to rain getting into the plastic sticky holder.  I then appealed using the Islington website which was then rejected the next day. I have attached a pdf of images that I took and also which the parking officer took. There are two spaces in front of the van, one of which had a generator on it the other was a disabled space. I would count those as 3 bays? In the first image circled in red is the parking sign I read. In the 2nd image is the suspension notice obscured by the van. I would have had to stand in the middle of the road to read this, in fact that's where I was standing when I took the photo. I have pasted the appeal and rejection below. Many thanks for looking. ----------------------------------------------------------------------- This is my appeal statement: As you can see from the image attached (image 1) I actually paid £18.50 to park my car in Gee st. I parked the car at what I thought was outside 55 Gee st as seen in image 2 attached. When I read the PCN issued it stated there was a parking suspension. There was no suspension notice on the sign that I used to call the payment service outside number 55 Gee st. I looked for a suspension notice and eventually found one which was obscured by a large van and generator parked outside 47 Gee st. As seen in images 3 and 4 attached. I am guessing the parking suspension was to allow the Van to park and sell Pizza during the Clerkenwell design week. I was not obstructing the use or parking of the van, in fact the van was obstructing the suspension notice which meant I could not read or see it without prior knowledge it was there. I would have had to stand in the road to see it endangering myself as I had to to take images to illustrate the hidden notice. As there was no intention to avoid a parking charge and the fact the sign was not easily visible I would hope this challenge can be accepted. Many thanks.   This is the text from the rejection: Thank you for contacting us about the above Penalty Charge Notice (PCN). The PCN was issued because the vehicle was parked in a suspended bay or space. I note from your correspondence that there was no suspension notice on the sign that you used to call the payment serve outside number 55 Gee Street. I acknowledge your comments, however, your vehicle was parked in a bay which had been suspended. The regulations require the suspension warning to be clearly visible. It is a large bright yellow sign and is erected by the parking bay on the nearest parking plate to the area that is to be suspended. Parking is then not permitted in the bay for any reason or period of time, however brief. The signs relating to this suspension were sited in accordance with the regulations. Upon reviewing the Civil Enforcement Officer's (CEO's) images and notes, I am satisfied that sufficient signage was in place and that it meets statutory requirements. Whilst I note that the signage may have been obstructed by a large van and generator at the time, please note, it is the responsibility of the motorist to locate and check the time plate each time they park. This will ensure that any changes to the status of the bay are noted. I acknowledge that your vehicle possessed a RingGo session at the time, however, this does not authorize parking within a suspended bay. Suspension restrictions are established to facilitate specific activities like filming or construction, therefore, we anticipate the vehicle owner to relocate the vehicle from the suspended area until the specified date and time when the suspension concludes. Leaving a vehicle unattended for any period of time within a suspended bay, effectively renders the vehicle parked in contravention and a Civil Enforcement Officer (CEO) may issue a PCN. Finally, the vehicle was left parked approximately 5 metres away from the closest time plate notice. It is the responsibility of the driver to ensure they park in a suitable parking place and check all signs and road markings prior to leaving their vehicle parked in contravention. It remains the driver's responsibility to ensure that the vehicle is parked legally at all times. With that being said, I would have to inform you, your appeal has been rejected at this stage. Please see the below images as taken by the CEO whilst issuing the PCN: You should now choose one of the following options: Pay the penalty charge. We will accept the discounted amount of £65.00 in settlement of this matter, provided it is received by 10 June 2024. After that date, the full penalty charge of £130.00 will be payable. Or Wait for a Notice to Owner (NtO) to be issued to the registered keeper of the vehicle, who is legally responsible for paying the penalty charge. Any further correspondence received prior to the NtO being issued may not be responded to. The NtO gives the recipient the right to make formal representations against the penalty charge. If we reject those representations, there will be the right of appeal to the Environment and Traffic Adjudicator.   Gee st pdf.pdf
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Mistaken identity has ruined my credit report for a 3rd time !!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2139 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Good Morning everyone,

 

My situation is quite complex so please bear with me and any help and uggestions would be greatly appreciated, i will start with a brief statement as to how this all started 15 years ago and then onto the problems i am now facing.

 

In 2003 i applied to remortgage and take equity from my home, i was turned down, i checked my credit reports to see that i had several defaults and a CCJ from Barclays on my acc, after a few years i managed to get all of this sorted with apology letters from Barclays.

 

In 2013 i was again chased for debts that did not belong to me, i tried every avenue possible to get this mistake sorted for a second time but eventually i ended up going to the newspapers and the FOS who then sorted out the problem with Lloyds and Experian with a pathetic £250 compensation, even though id spent 10 times this on phone calls and writing letters/emails etc .

 

Now in 2018 this has all happened again, i have checked my report from all 3 CRAs and Call Credit and Experian are showing defaults, CCJ, addresses i have never lived at, they have even changed my electoral roll entry without any instruction by myself or legal documents to do this.

 

All of this wrong information is for a person with the same first and last name as me and also the same date of birth, however this other person has a middle name and i do not.

 

I received a letter from 02 on the 19th of March chasing a debt for this other person, i immediately checked my credit report, and there it was, 02 had already linked me and the debt/account to my address without doing any checks whatsoever to see if i was the correct person, i DONT have an account with 02.

 

There is then the other accounts from 6 other companies in default that i have never had accounts with and a CCJ which i dont even know what it is for , i just know none of these belong to me as ive never missed a payment on anything or had any dealings with these companies.

 

I have disputed all of this with Call Credit but they refuse to remove all of this wrong information, i have not spoke to any of the companies involved as from past experience they will not speak to me due to data protection when i say i am not the person they seek, but they also dont resolve the problem either, i have since joined checkmyfile and they are trying to sort things out with call credit , but say i have to sort out this mess with Experian myself.

 

I am seeking advice as to what to do next, to be honest the companies reporting all of this wrong information in my eyes need to pay, i am busy renovating my home and considering an extension as my wife is 8 months pregnant but i am now reluctant to apply for any loans/remortgage etc as i know i will be turned down, and as you can expect for this to happen a 3rd time my stress levels have went through the roof.

 

Companies listing defaults on my report who i have no dealings with at all and ruining my credit report because of there incompetence to check they have the correct person are:

 

Lloyds Bank (again)

Lowell

Vanquis Bank

Capital One

Hoist Portfolio

Home retail group

02 ( who reported and made the link with callcredit , even though this serial debtor has paid his bill now, so is not showing as a default, but its now to late as they have done the damage)

 

Thank you kindly to anyone that can help.

 

Luco19

Link to post
Share on other sites

  • Replies 133
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

It sounds as if there is a lot of unravelling to do.

 

I think the first thing you again have to do is to send an SAR to each one of these institutions in order to get all the data they hold on you on any matter and in any form.

 

An SAR cost £10 each and that means that you could be up for a payment of £70 which is quite a whack.

 

Also, companies have up to 40 days to respond to an SAR – and pretty well without exception, they all use up the available time – and then very often go beyond that and breach their obligations.

 

On 25 May, we have a new data protection regime coming into force called the General Data Protection RegulationsGDPR. Under the GDPR, you are entitled to make a data disclosure request and the company must respond with a disclosure within 30 days. A considerable improvement on the previous 40 days. Furthermore, the company is obliged to make the disclosure free of charge.

 

You could either make your standard SAR request now or you could wait until 25 May and then put them all in at the same time. Frankly I would suggest that you wait. Although what is happening to you is bad, there doesn't seem to be any screaming urgency because it has gone on so long.

 

On that basis I would prepare all the letters. Make it clear that you are making your Subject Access Requests under the new GDPR and that you expect them to comply within the 30 days.

 

If you are happy with that approach then I think the next thing to do is to start looking at the CC J.

 

What information you have about it? Do you know the claim number? I suppose that it was a default judgement and that means that it would have been processed in Northampton.

 

If you can get the claim number you could telephone Northampton and start getting copies of all the documents relating to it.

 

Once we have that and we can find out more about what has happened, we can begin the process of challenging it and getting a set aside.

That would be an extremely useful first step.

 

Do you have any information relating to the problems which you had in 2003 and again in 2013? Do you have any of the correspondence?

 

It's a great shame that you let Barclay's go on this.

It seems to me that you have been badly compromised by it. In fact, I suggest that you send Barclays an SAR as well – on 25 May.

 

I think you would be well advised also to send an SAR to the FOS in order to get all the information that they accumulated – including all the notes and discussions et cetera relating to that complaint at the time.

 

You have given a list of people who apparently have blighted your credit file. How many of these people do you actually have accounts with?

 

In order to get the most benefit from the help we give you here, you will need to engage with this thread.

 

In fact after the introduction of GDPR on 25 May, you may as well send SARs to the credit reference a as well. What the hell!

Edited by dx100uk
merge
Link to post
Share on other sites

HI

I see a problem here. As these accounts have nothing whatsoever to do with you, the companies will be unable to supply any data requested in a SAR as if they did, they would be in serious breach of the Data Protection Act. A SAR to all the credit reference agencies will reveal what data they have.

 

At the very least, I would be writing a notice of correction against each of the false entries. Once a dispute is raised with the CRA's then they should contact each of the creditors to get a formal response. Unfortunately, these companies tend not to check properly and just state that the data is correct and the CRA's just leave the data visible.

 

My preferred option is to send a Letter Before Action to each creditor and demand they remove the data forthwith and if they fail to do so, take them to court. This form of action can only be used if you intend to follow through, not as a threat. If you are not prepared to follow through, don't threaten.

 

With the CCJ, I would be requesting that company to agree a set aside so that it can be removed from your credit file.

  • Haha 1

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

I don't particularly see that it is a problem. If they refuse to supply the data on the grounds that you have suggested then I think that is good evidence that they have made an error and I would begin an immediate legal action as well as a complaint to the ICO.

 

Unfortunately, complaints to the ICO are generally speaking pretty useless. They take time and the data controllers are particularly frightened. Maybe that will change after GDPR. However, if they receive court papers in respect of a breach of the DPA, I would expect that would have an immediate effect.

 

Anyway, he seems to have disappeared. Another person who wants advice and then doesn't hang around to see what the responses are and fails to engage with this thread

Link to post
Share on other sites

Thx

Link to post
Share on other sites

Hi again,

 

The CCJ i have a case reference number from Northampton cc, the ccj is for £6158 but dont know which company applied it.

 

I have all of the information from 2003 and 2013, within this correspondance i have from 2003 ( CCJ letter from court having this set aside, along with letter from Barclays telling me this information as well)

 

2013, I have all correspondance from debt collectors, from Lloyds bank, from the FOS and Experian, in this case from Lloyds i did manage to get compensation from them for just shy of £1000,

i also still have the centre page spread of when i went to the newspapers about this case. I also have quite a few letters from Noddle (call credit) dissaccociating me from this other persons addresses, correcting my electoral roll etc.

 

2018. what i have done so far.

 

I have contacted call credit disputing all of the wrong inforamtion ( most of which have been rejected and say they wont remove)

 

I have then joined checkmyfile who have been very good in this matter this far, they have raised all of the quiries with call credit and im awaiting a response.

 

I have sent checkmyfile copies of my passport, driving licence, letter from my council stating my electoral roll information, letters from 2013 where call credit have dissaccociated me from this other persons addresses.

 

I have emailed call credit asking WHY without my consent or legal documents have they changed my electoral roll entry to which they have not replied.

 

I am awaiting a responce from solicitors as my wife is in the union and she gets legal advice with this.

 

I have no problem whatsoever taking all of the companies to small claims court and will follow through with this, however as i have not applied for any credit i have not suffered any losses as such, but this is highly stressful and embarrassing and i dont see the point in applying for credit as i know i will be knocked back.

 

What they have done has hampered plans for an extension to my house and might even put my wifes maternity plans in jeopardy as she was planning to take off 12 months with my taking out a small loan to pay for mortgage, bills etc till she returned to work.

 

I will await these new rules in May to apply for SARs and do what i can in the process of waiting.

 

Thanks again for your replies, i have lots of paperwork so anything which is useful let me know and i will see what i have.

 

Just to add,

 

The fact that i can see all of the information based on this other person is quite worrying, his accounts, addresses, etc, surely if he checks his credit report he will be able to see all of my information??

 

I now even have his mobile number and email address because 02 has stated it all in the bill collection letters they have sent.

 

thanks

 

Luco19

Edited by dx100uk
merge
Link to post
Share on other sites

Have you been in contact with Northampton, they should be able to tell you everything and send you a copy.

You should also be able to get the details from here

 

https://www.trustonline.org.uk/understand-judgments-fines/entries-on-the-england-and-wales-register/ccjs-and-the-register for a small fee

 

If you have his phone number then you can call him or if you would prefer I'm happy to do it if you want to send me his details on our admin email address.

 

It seems to me that both of you have a very serious complaint to make to the information Commissioner. Let's get the information

Link to post
Share on other sites

I will try and get the information from the court now.

 

I tried ringing this persons house in 2013 but a child answered, i asked for her dad and asked if xxxxx xxxx lived there, but she hung up, i did not want to press this matter further, the problem with this other person is that i believe he is a serial debtor with no intent on paying anything, there are dozens of accounts over the years which he takes out credit and defaults straight away, im pretty sure he knows about myself and is getting credit on the back of my credit report when it is good, but then everything seems to get linked again and it destroys my credit again until i sort it.

 

In the past month alone i have had 27 searches on my credit file, 5 of which are him trying to get more credit.

 

His Lloyds account which is showing on my credit report is for a mortgage, so i now have his and my own mortgage showing, i have searched the land registry and valued his home which seems to have quite a bit of equity in it, i dont now how this has not been repossesed by now as its been in default for 4 years.

 

Thanks

 

Luco19

Link to post
Share on other sites

Okay, I think the best thing to do is to wait until 25 May and then put in a GDPR subject access request.

 

See what that produces and then will decide what action to take to start going on to the attack and it will include a serious written complaint to the Information Commissioner.

 

You definitely need to track down the judgement.

 

That will be a very nice way of beginning the attack and you will be able to do that as soon as you get the details.

 

Have you actually sent any SARs to anyone who has refused you in writing on the grounds that you are not the data subject?

Edited by dx100uk
merge
Link to post
Share on other sites

I paid for the CCJ file from Trust Online ,

however it does not state which company issed the CCJ.

 

I think i will have to wait until tomorrow morning to ring them to try and get this information.

 

I will let you know asap.

 

I have not sent any SARs.

 

I have not applied for any credit over the past few years as i fear getting knocked back even though my CR has been very good.

 

In 2013 i had my credit card limit cut from my bank because of this mess.

Edited by dx100uk
merge
Link to post
Share on other sites

I'm amazed. Surely they must give you all the information for your money.

 

Would you mind sending me what you've got by email to admin email please? It'll be in confidence, of course

 

Can you tell us a bit about how you managed to get compensation of almost £1000 from that dishonourable bunch of bankers – Lloyds

Edited by dx100uk
merge
Link to post
Share on other sites

Thank you. I it.

 

I'm astonished. I'm sure that I bespoke these before and have had full details of both parties. I don't understand – or maybe I have got it wrong. Anyway, as you say you will have to contact the courts tomorrow morning. They may suggest that they send the documents to you but if you are gently persistent, you should be able to get them sent to you by email

Link to post
Share on other sites

The issue i had with Lloyds after trying for 16 months trying to resolve it ended up going to the newspapers,

here in Newcastle we have the Evening Chronicle and the Sunday Sun who have a person called Ian Robson who is a consumer journalist, after 2 weeks he had sorted all of this.

 

I was contacted by someone from Lloyds from their head office in London apologising etc etc, he said what compensation did i have in mind, i told them i wanted high 4 figure sum, they refused and told me to go to the FOS if i wasnt happy.

 

The FOS ended up awarding me £250 , along with £568 id got from Lloyds, and then a further £25 paid 3 times as Lloyds made the mistake another 3 times over the following 6 months after it was supposidly resolved.

 

Ive even been on ancestry to get the birth records of myself and this other person to forward onto the CRAs and the companies to prove we were born on the same day with the same date of birth.

 

This other person only lives about 8 miles from me

Edited by dx100uk
merge
Link to post
Share on other sites

The issue i had with Lloyds after trying for 16 months trying to resolve it ended up going to the newspapers, here in Newcastle we have the Evening Chronicle and the Sunday Sun who have a person called Ian Robson who is a consumer journalist, after 2 weeks he had sorted all of this.

 

I was contacted by someone from Lloyds from there head office in London apologising etc etc, he said what compensation did i have in mind, i told them i wanted high 4 figure sum, they refused and told me to go to the FOS if i wasnt happy.

 

The FOS ended up awarding me £250 , along with £568 id got from Lloyds, and then a further £25 paid 3 times as Lloyds made the mistake another 3 times over the following 6 months after it was supposidly resolved.

 

Okay. I think you will need to get all the information from the FOS and also from Lloyds so that you have got a full file. Once you have all information then we will see what action you can take but I think that you can certainly aim for a much higher level of compensation.

 

Ive even been on ancestry to get the birth records of myself and this other person to forward onto the CRAs and the companies to prove we were born on the same day with the same date of birth.

 

This other person only lives about 8 miles from me

 

well done. Store it all up. Once you have all the SARs sent off and then your disclosures, we can pull it all and assemble the whole story.

 

I think the smart thing to do will be to begin each complaint separately. You will gain experience and learn from each one and also it will keep things much more simple. When you have the file together then we will have to work out which one you want to attack first.

Link to post
Share on other sites

Thank you for your help, after i have rang Northampton tomorrow i will let you know what the ccj is for.

 

I think 02 will be first as they are the ones that have linked my address with his, resulting in all of these other companies being linked with my credit file.

 

The only account showing on my Experian file at the moment is from Home retail group, after a little bit of digging i have found out the Home retail Group ceased trading in 2016 as they sold the company to an Australian firm, so i do not know how this could be on my report as i have been told by the CRAs that a company has advised them to put an entry on my file

 

How can a company that does not trade add information to my credit file ???

 

very confused and angry atm

Link to post
Share on other sites

What is the date of the entry? It could be that the debt was sold on before the company went down.

Link to post
Share on other sites

I am wondering that if you request a SAR and they sent you all the data from the other person, they woudl be in breach of the Data Protection Act and could be in serious trouble and thsi may work o your advantage?

 

This had been discussed on page one of this thread.

If the creditors did release the information, yes, they would be in breach of the DPA however, as Bankfodder pointed out, if they refused, that is good for the OP as it would help prove he wasn't the right person being chased.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

Do you think she might have meant that the case/hearing was transferred from Northampton to Newcastle? From what you've said you seem to live in Newcastle, if so the case would normally be transferred to your local court.

 

I stand to be corrected, but I haven't heard of a CCJ being transferred. If I'm wrong, we can learn together. :)

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...