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Luco19

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

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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

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Hello and welcome to CAG.

 

I expect the forum regulars will be along later with advice for you, please continue to monitor your thread. :)

 

Best, HB


Illegitimi non carborundum

 

 

 

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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
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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.

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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


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Thank you all for your responses, i wrote the thread after getting home from nightshift, now im up and about ill start filling in the blanks for you all.

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Thx


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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
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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


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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

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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
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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
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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
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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


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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
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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.


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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

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


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The date of the entry made by Experian was in 2015 , however it has just been added this week to my Experian credit report.

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Just spoke to Northampton cc and have found out that the CCJ has been issued by Volkswagon finance.

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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?

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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

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The woman on the phone from Northampton said to me that the CCJ had been transferred upto Newcastle cc , not sure why this would have been done ??

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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

 

 

 

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