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    • Thanks dx100uk.   Not sure that I completely understand your reply, that said, thank you for taking the time to reply.   I did follow your link to the GDPR thread and Subject Access Requests. I can't remember if that was the term that the ICO used.    I am not sure that it would have been a SAR, my bank didn't insist that I apply in writing and ultimately it wasn't my bank that was being obtuse.   Then again, it may well be the case that the guy at the ICO did indeed use the term Subject Access Request. As I said,  I got a call from a 0300 number and decided to answer it, half in the expectation of it being a spam call.   So is SAR a direct consequence of GDPR? If yes, it is ironic that I am using to circumnavigate Lloyd banks flawed interpretation of the Data Protection Act.
    • CAB should never have said what they did.   If someone earns over the threshold, even if only 15p, yes in theory the whole amount will be reported as overpaid.    So yes you should expect a letter advising of a debt.   Suggest that your partner follows the appeal process and submits the mandatory reconsideration.  Put the arguments to a DWP Decision Maker. It might not change the decision already made, but worth giving it a go. Perhaps the CAB advisor who gave their opinion can assist.   Uniform is not an expenses that can be deducted in relation to earnings considered for benefit purposes. Your partner is employed and the employers should provide any uniform. Sounds a bit odd to deduct an amount for uniform and this should be queried with the employers. Not quite sure on the legality of the deduction.
    • Does your claimant commitment state to update journal or job application section of your account to provide the evidence?   If not, then written or even verbal would suffice. If the commitment isn't tight enough to state where to put your evidence then there is nothing they can do.
    • The onus is on the claimant to claim correctly. 15p or £2 over the limit is still over the limit.   You mention an alowable expense, where does it state uniform is allowable, it's normally travel, care fee's or pension contributions. Normally uniform is provided by the employer, so the DWP tend to ignore this.   Yes she will get a letter regarding paying it back, but she is lucky she isn't facing a fraud case.
    • Pardon late reply, had a busy last few days. I will make enquiries to the Council or Valuations Agency tomorrow when they are open.   I am a little apprehensive about getting the dentist involved although I wasn't warned about the new parking system at the time.   I have photos but will need to reduce the mb size of them as 4.5 mb is maximum upload on here. They will also need editing to blot out reg numbers etc.   I was given 28 days from CE to cough up after the POPLA decision and that will expire in a few days time. I intend to take this all the way and to save further action [e.g. debt collectors with the £100 rocketing to the thick end of a Grand]   write to CE and tell them take me straight to Court as all letters will be ignored.    There are 2 photos from my evidence previous post [Docs 1 pdf 2.81 mb] First is the view I had approaching car park to the right, this differs enormously from google street view.   Even with just 1 car in the carpark can you see any signs ? There is a small road sign in that photo too that was left behind following the roadworks and temporary traffic lights that hid the sign at the front.   Second photo is a view from where I parked no wonder I did not see it, in fact the angle is worse viewing from drivers seat as the pole is in line with the tree
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Luco19

Capital One recording account thats not mine.

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Received letter from Capital One in April 18 RE:A credit card debt.

 

We are writing to inform you we have instruced Fredrickson to act on our behalf to arrange payment of your capital one account, blah blah blah.

 

I DONT HAVE A CAPITAL ONE ACCOUNT.

 

Checked credit file with call credit and already listed on my report as sustained arrears.

 

Steady flow of letters coming from Fredrickson now one stating on 5/6/18 "as there is a default on your credit file this may affect future credit".

 

Checked credit files this morning no default as of yet.

 

Sent SAR to Capital One and received reply back stating "The information you have requested has not been enclosed as we cannot locate a capital one account in your name using the details above".

 

  • So they have added an account to my credit file in arrears
  • Have sent me letters stating they have passed it onto Fredrickson
  • Received steady flow of letters from Fredrickson
  • But they state they dont have any record of me ??????

As stated above i do not have or had any dealings with Capital One .

 

Whats the next course of action please ?

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Cant hurt!

 

Wonder what the fos have to say?


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Is this a completely new one that we haven't heard about before?

 

Also, when you sent the SAR did you refer to an account number or did you just use your name and your address?


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Is this a completely new one that we haven't heard about before?

 

No this is an existing one, but thought id post it as they have no records of me for a sar

 

Just referred to name and address as thats all i had, however i do have the account number which i must have overlooked.

 

 

 

Ill reply to them stating this and see what i get.

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In view of what you have, I think this one is ready for some formal action.

 

I would begin an immediate complaint to the ICO and I would also send them a 14 day letter before claim and tell them that either they have not satisfied the SAR correctly or else they are processing inaccurate information against you and that if they do not sort the problem out immediately and also make a suitable offer of compensation within 14 days that you will bring an action against them for breach of their statutory duty and without further notice.

 

I see that there have been suggestions to email the CEO – but everybody should understand that this is an ongoing problem that has blighted your life since 2003 and with many different companies. I think the time to allow it to be sorted by little internal corrections with derisory gestures of goodwill is over. I think that this is a huge problem you are dealing with and it is about time that you started taking formal action whenever possible and start collecting judgements and compensation. The more you do this kind of thing the more you will start to find out what is happening and also the better evidence you will have four similar problems in the future.

 

In another thread I suggested that your name is pretty common and you should introduce a middle initial or even two to make on a more distinctive. Quite rightly you rejected this is being rather undignified. I don't blame you. However, I'm quite sure your parents – none of our parents – ever imagined when they were naming us that data processing would become so huge and so pervasive and so difficult to correct once an error was made, – when they named us.

 

As awful as it sounds, I think these kind of problems are likely to follow you around and now could be the time to take some real action to try and prevent it happening in the future. As far as I can make out you have had between eight and 10 cases of mistaken identity which have affected you very badly in terms of the stress, damage to credit rating, difficulty getting mortgages – really life changing problems.

 

I'm sure if all of our parents realised how it was going to be, they would have all thought about giving us much more distinctive names. Once again, I would really suggest that you consider this. Once again I don't blame you if you don't like the idea that I think that these things only ever going to get worse. The person for whom you keep on getting mistaken has got a more distinctive name than you because he has a middle initial – but you yourself have said that you believe that he is not using any more – maybe in order to add to confusion and to avoid his own debts. Who knows.

 

Anyway, there's my advice – I suggest you bring a small claim and if that suits you then send the letter before claim straightaway and we will help you draft the claim. Send the complaint to the ICO immediately.


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Thankyou everyone for the replies, i will get onto that tonight and run it by on here before i send the letters.

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Sound perfect to me :)

 

Thanks fko, where i state i have informed capital one about this matter, would it be best worded like this or that i have sent them a letter before action ?

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No, I wouldn't mention the LBA. However I think I might mention the SAR reference number – I believe you have one


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14 days LBA sent on the 26/6/18

 

 

5/7/18 letter received from Capital One stating they will investigate which could take upto 8 weeks.

 

 

Advice what to do next ? press ahead with claim or give them time to investigate.

 

 

Thanks.

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They certainly gave me no time when they decided to destroy my credit report and start harrassing me with debt collection letters so simple answer to that is no im not willing to wait 8 weeks.

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Just received a final response today from Capital One.

 

They have been unable to locate any account for myself with the details i have supplied, with this they are unable to supply me with a SAR.

 

They have requested DOB, previous addresses etc to assist them locating an account and also request a screenshot of the account showing on my credit file.

 

Never done a MCOL before so may need help, or should i ring them and try sort it over the phone ?

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well I suppose that logical being that its not 'yours'

 

no harm in ringing them at all

take a scan of your CRA file and ask for an email you can send it to

so the bod on the phone can see it>

has the letter an email contact and phone number?


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Hi DX,

 

The letter has a phone number but no email address.

 

I will try ringing and asking for the person on the letter but i very much doubt i will get to speak to that person.

 

Thanks

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I think your main target of action in your ongoing woes needs to be the Credit Reference Agency as it seems to me that is where your personal data is getting mixed up with this other person's. It's almost certainly the CRA that has given Capital One/Fredrickson your address.

 

Given how long these problems have been dogging you and the refusal of the CRA to sort it out once and for all I think you may want to speak with a solicitor as this goes well beyond token damages. I

 

think you're looking at five figure damages here.

 

I also think you need to make a comprehensive complaint to the ICO detailing all the problems you've had over the years.

They may not be able to do much with the data breaches that predate the GDPR but for the current ones I think they might throw the book at the CRA and make an example of them.

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not sure on the CRa giving details to cap1 or freds…

someone linked those details..it wont be the CRa

they only act or 'hold' data given to them.

 

the target is the creditors that sent that info to the CRF providers.

 

if you look at luco19's other threads mrabody, it might explain this is part of a much bigger issue.


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The CRA is definately responsible for giving out my details , but they state this is only a possible match and is up to the company to carry out the appropriate checks to make sure they have the right person.

 

 

I have made a complaint to the ICO and they have found what the CRAs are doing is perfectly fine, my arguement being is that they know the data they are recording is wrong and have admitted that it is wrong but refuse to remove it with out the comapnies permission, however they see it as the companies fault and the CRAs are just a third party recording the data.

 

 

 

In my ongoing case with O2 the CRA have removed the wrong data after some months without the permission from O2 because they seen a complaint made by me on social media, ( i can only assume this website).Again this was my arguement to the ICO but again this was seen as the CRAs doing no wrong.

 

 

As explained in other threads this has been going on for years and this other persons details keep getting merged with mine to the extent of just in the last few weeks i have had new searches on my credit report for this person trying to take out new credit cards and also car finance.

 

 

Because my credit file is clear at the moment from the mistakes then these companies are seeing a report which they think is for this other person applying for credit and he will be granted the finance/credit cards etc based on my clean credit history, then months down the line when he defaults i will end up with all of these accounts on my report. It will then take me months or years to clear my name again and when i do he will just do it again.

 

 

It is a never ending circle.

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Given how long this has been going on, the Credit Agency should not be giving out your details "possible" match or not.

 

Out of curiosity, was the complaint to the ICO made pre-GDPR?

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Given how long this has been going on, the Credit Agency should not be giving out your details "possible" match or not.

 

Out of curiosity, was the complaint to the ICO made pre-GDPR?

 

Hi , yes it was made pre GDPR, but not looked at until it came into force.

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