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Can I take legal action against DCA's - Marlins/Lowel/1st credit/aptiv kapital - debts not mine on CRA file


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About four years ago I got into difficulty paying some of my unsecured debts - health issues an wife’s not being able to earn after having fulltime wage - I did bury my head for a while but then got in contact with CCCS

 

I have been on their books for a few years now and although the debts are not coming down substantially they have allowed me to get them in some sort of order.

 

Now to the real issues of Credit Ref Agencies.

I paid all three, Experian, Equifax and CallCredit varying amounts to see my details. First issue is that there is addresses and accounts linked to my files that are nothing to do with me. I have only ever lived in three addresses (I am 40) including my parents address and they are all within a 5 mile radius yet there is six other linked addresses in Birmingham, Derby, Chesterfield (I live in Manchester) I have tried to get them off by emailing the CRA but they just said it is correct and they cannot remove it.

 

One of the issues is that I have a very common name. Probably one of the most common in the country yet they are convinced it is me.

 

Its as though one Debt agency has put it on my file and then like locusts the rest have piled there details on too.

 

The second issue I have is that although I have been paying some towards that debts (all to DRA or Solicitors) there is no mention of this on my CR Files. It just says default and the original lenders name.

 

Should the DRA update the files to say they are the owner of the debt now or should I ask the original lender to add something on there.

 

I am sure that I not the only person to have incorrect information on their files and having te same problems getting it corrected.

 

Also can Callcredit be forced to change their name as the one thing you cannot do is call them. surely that is against the trade description act

 

 

Thanks

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If A Debt On Your Credit File Is Being Collected By A Dca But Has The Original Creditor On It,

The Dca Are Only Collecting On Behalf Of

 

What Normally Happens Is A Dca Will By A Debt, Which Has Been Terminated By The Original Creditor, Then Reregister The Debt Including Any Default In There Name.

 

The Linked Address Issue Needs To Be Done By Contacting The Original Dca Or Company That Did The Bogus Link.

Demand How They Got The Link.

If They Come Clean And Addmitt There Mistake, Send A Copy To The Cra And Demand Any Link After That Be Removed.

 

You Will Have To Fight The CRA, Dca Pay There Wages And Are In Bed Togeather.

 

 

No Matter What The Cra Say, They Have An Obligation To Make Sure The Data They Publish Is Correct And Accurate

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Thanks for the reply.

 

The problem I have is that I do not know who it was. The incorrect accounts are for companies I have never had accounts for so have no reference number or anything.

 

"No Matter What The Cra Say, They Have An Obligation To Make Sure The Data They Publish Is Correct And Accurate"

 

I said this to all three and they said they were not responsible for the information they were just the holders.

 

Ian

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  • 2 months later...

I have been plagued by Lowell.

 

 

It all started when i recieved a letter about 2 years ago for a debt that wasn't mine.

 

 

Like any normal person i rang them and explained they had made a mistake.

They mentioned an address in birmingham and I confirmed I had never lived at the address

and a simple check of my CR file would have shown that.

After a number of attempts they agreed it was a mistake and said they would sort it.

 

I checked my credit file some months later and found 4 linked addresses on my Experian file of addresses I have never lived at.

I emailed Experian and they said they would investigate.

They came back some weeks later only to say 'it was correct' i.e I am a liar and that it it.

 

Since then lowell have gone onto add a default to my record on Equifax

and more DCA's have done searches on my file in respect to the linked addresses.

 

I contacted Lowell again and kept calm,

I said I did nt think it was right and the persons name was not the same as my middle initial was R and on some of the letters it had P.

they informed me that they were not even sure if the first name was the same as they just had I

I find this really disturbing that they can default your record based on nothing.

 

Whats worse is that as part of my job I was asked to complete a Goverment Sercurity Clearance to work on certain accounts.

As part of this I was asked to provide financial details.

I supplied all MY outstanding debts but they came back and said it did not match the Credit Files .

i.e i was hiding something from them.

But how can I tell them about something that is not mine.

 

I was ecstatic to see the other day that a gentleman called Dr Mike Thompson had sued a DCA for defermation and won £6k compensation,

but it was settled out fo court so there is still no precidence for this.

He also had the money to have expensive lawyers to take his case.

I have nothing and do not know what else to do.

I am sure I am not the only one this is happening to.

 

Is there any templates that would lead me to take them to court.

I reckon I could get them fir defermation and malicious falsehood.

 

I am about to send the letter for SAR but I am not sure how i prove they have sent everything

as I do not know what other accounts they have for me.

I thought I had sorted the otherday only to receive 3 more letters the following day.

 

is there anyone that knows about class actions.

Perhaps this is the only way to get them shut down.

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there are court cases setting precedents for damaging a persons credit file - I have looked into this and have prepared to sue a company for doing something similar to me - I will post a link to my thread in a sec - that has the court cases that may help you.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/199584-civil-action-damaging-my.html

 

there you go

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Has anyone ever sent a Subject Access Request to a credit reference agency. I have requested one from Lowell (****) as they have put a default on my credit file that is not mine (similar name but address I have never lived at and different middle initial)

 

I want to see what proof Equifax had to apply the default and linked address to my account. But can you send a SAR to a credit agency?

 

Thanks

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Yes, you can send a SAR to Equifax, I sent one and they were well of the date time for returning it. There was no evidence in it for them letting organisations into my report to put searches there. After protracted correspondence with them and an SAR from the OC with no agreement in it as well, I had the searches removed by Equifax but they do not like it and will try and block every step of the way. This CRA is worse than DCA's sometimes.:eek:

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  • 4 weeks later...

I have been battling for a long time now to get these **** suckers off my back. I have a very common name and Lowell for 1 have added a default for a debt that is not mine to my Equifax credit file. They have admitted this now (after i sent them a SAR) by letter that it is indeed not me.

 

I have managed to get the linked addresses (for the other person) off my Experian file and turns out Egg were the original culprits

 

I do not expect this to be the end to the matter as I know lowell will sell it on as a live account with my details for some other DCA to chase,however, there are linked addresses still on my Equifax credit reports and 1st Credit has picked up another account that is not mine and have sent me a letter asking for 17k from HSBC - Never had a HSBC account.

 

A question - If it was Egg that originally put the incorrect data on my credit file (5 linked addresses where I have never lived - or been to) can I chase them for the compensation and breach of the data protection act.

 

I will defo be taking Lowell to court, possibly Equifax and more than likely 1st Credit now

 

oh yes, Does anyone know who the Compliance Director is for 1st credit and also if they have any subsiduries like Lowell i.e Red, Hamptons etc

 

I need them for the SAR i need to send

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  • 2 weeks later...

to get this sorted.

 

1 step forward 10 steps back.

 

I have been trying to get some incorrect linked addresses of my CR files for the best part of twelve months now. On the 10th Aug I finally got Experian to look into my case properley. They came back and said "yes, there has been a mistake, Egg have put addresses of another person with the same name onto yours. we will remove within seven days"

 

Great. five days later they are removed. All that is left is to get them off Equifax and CallCredit. Sent them emails attaching the mail from Experian stating Egg had made a mistake and can they please remove ASAP. not heard from either yet

 

However, I have logged into my Experian account today and all the linked addresses are back on as of 13/09/09 and guess who put them on. yes EGG.

 

I called Experian and asked them to explain why they had added them again to be told it was Egg that added it. I said "you mean that all these companies have direct access to the experian systems" to which the reply was "Yes"

 

I am personaly horrified to think that any company can put what they want onto these life changing and life controlling systems without any check for accuracy whatsoever.

 

I asked them what I pay my 6 quid for and they said so you can look at your own information. I would have thought they should be charging the companies who want to put the information on the charge and letting us look for free seeing as it is our information.

 

Also because of this Egg mistake Lowell had put a Default on my Equifax file that was this other persons. I sent a SAR to them and they promptly sent a letter saying "oh dear it is a mistake" shame I had already reported them to the Finacial Ombudsman and will be taking them to court. They have removed it now but I still have the prrof of what they did.

 

get this sorted.

 

1 step forward 10 steps back.

 

I have been trying to get some incorrect linked addresses of my CR files for the best part of twelve months now. On the 10th Aug I finally got Experian to look into my case properley. They came back and said "yes, there has been a mistake, Egg have put addresses of another person with the same name onto yours. we will remove within seven days"

 

Great. five days later they are removed. All that is left is to get them off Equifax and CallCredit. Sent them emails attaching the mail from Experian stating Egg had made a mistake and can they please remove ASAP. not heard from either yet

 

However, I have logged into my Experian account today and all the linked addresses are back on as of 13/09/09 and guess who put them on. yes EGG.

 

I called Experian and asked them to explain why they had added them again to be told it was Egg that added it. I said "you mean that all these companies have direct access to the experian systems" to which the reply was "Yes"

 

I am personaly horrified to think that any company can put what they want onto these life changing and life controlling systems without any check for accuracy whatsoever.

 

I asked them what I pay my 6 quid for and they said so you can look at your own information. I would have thought they should be charging the companies who want to put the information on the charge and letting us look for free seeing as it is our information.

 

Also because of this Egg mistake Lowell had put a Default on my Equifax file that was this other persons. I sent a Subject Access Request to them and they promptly sent a letter saying "oh dear it is a mistake" shame I had already reported them to the Finacial Ombudsman and will be taking them to court. They have removed it now but I still have the proof of what they did.

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  • 3 years later...

I have one of the most common names in the country

and I seem to be receiving all of those other peoples Debt Collection letters.

 

I must receive on average 10 letters per week asking me to pay for someone elses debts.

I know they are not mine as most of them come with the wrong middle name on the letters and other i know i have never had an account with.

 

This has been going on for about 7 years and I have learnt to just open and them throw in the bin.

I used to try and reason with the DCA that they had the wrong person.

 

This used to result in me getting irate as they said it must be me

and then the influx of even more incorrect debt letters from other debt collection companies

as they seemed to have passed data to each other.

 

Now i just ignore them until today.

 

I checked my credit file with Experian and one of those debts that i know 100% is not mine has appeared on there.

 

I have sent an online dispute to Experian to get it removed but

 

is there any legal action i can take against either the DCA or CRA for a breach of the Data Protection Act.

 

Also on some of the letters i recieve they state that the address information has been supplied by the CRA's

for accounts that are not mine and a simple check of my file would have shown they are not mine

and that I have never lived at the addresses they always seem to quote

 

Thanks

IC

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If its affecting your credit and you can prove you were refused credit because of it, then theres also compo.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I have one of the most common names in the country and is also seem to be receiving all of those other peoples Debt Collection letters. I must receive on average 10 letters per week asking me to pay for someone elses debts. I know they are not mine as most of them come with the wrong middle name on the letters and other i know i have never had an account with.

 

This has been going on for about 7 years and I have learnt to just open and them throw in the bin. I used to try and reason with the DCA that they had the wrong person. This used to result in me getting irate as they said it must be me and then the influx of even more incorrect debt letters from other debt collection companies as they seemed to have passed data to each other.

 

Now i just ignore them until today. I checked my credit file with Experian and one of those debts that i know 100% is not mine has appeared on there. I have sent an online dispute to Experian to get it removed but is there any legal action i can take against either the DCA or CRA for a breach of the Data Protection Act. Also onm some of the letters i recieve they state that the address information has been supplied by the CRA's for accounts that are not mine and a simple check of my file would have shown they are not mine and that I have never lived at the addresses they always seem to quote

 

Thanks

IC

 

Hi let's hit this hard right from the start no messing around, before taking action via the courts you need to take this DCA to task in the form of a formal complaint.

Done this many times successfully for others.

Which DCA has caused this incorrect data to be displayed?

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It's good you have placed the dispute notice on this one CRA BUT you MUST check all three main agencies no doubt this is on all of them!!

 

I can draft letters for you if needed.

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Thanks. The one that has placed the default on my CRA file is Marlin Financial Services.

I have checked my credit expert account and I acannot see anything on there.

I have never been able to get access to Callcredit file but i have registered again and await my PIN number.

 

The other ones i have issues with are

Lowel Protfolio,

1st credit and aptiv kapital.

 

I used to try an reason with them but this just backfired and it was like disturbing a hornets nest as more would come through the door.

I contacted the CRA who seemed to be supplying this information to them but there only advise was

"return the letters that are not addressed to you unopened"

 

Genius !!! except they were addressed to me (well my name)

so how would i know what was genuilnly for me and what wasn't.

they couldn't seem to grasp the concept that there are people with the same name in this country.

 

My name is so common I would not bet against there even being someone with the same name and date of birth.

I registered at a new doctors the other day and they said I was the 3rd one with that name and that was one doctors in one small area

 

I wouls really aprreciate a well worded letter that would put this nightmare to an end if there is such a magic wand

 

Thanks for taking the time to help

 

IC

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Try Noddle it's callcredits free offshoot.

 

OK will do this for you a little later and will word it so you can send to all of the idiots concerned.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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You might want to make a complaint to the Information Commissioner. Ask how you are supposed to deal with this situation. Point out that returning the letters with "Return to Sender" or not known at this address doesn't work.

 

That the name is so similar that you have usually opened the letter before you realise it isn't for you.

 

That you do not see why you have to waste your time and money continually telling these companies they have the wrong person.

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That's been my problem.

It is easy to prove who you are but virtually impossible to prove that you are not someone with the same name.

 

I think the nightmare started when EGG mistakenly linked my addresses with another person with the same name that had a lot of debts.

When i realised what had happened i asked the CRA's (welll Equifax and Eperian) to remove it.

Eventually they did but not before i had started to receive these letters.

 

I think i know why I receive them but i know I am also powerless to resolve.

 

When EGG linked my address to the other person and vice versa i pressume the links were placed on both files.

I have since cleaned mine up in relation to the addresses that were not mine and any accounts that had been added to my file that were not mine.

 

However, the other person i would bet has not asked them to remove the incorrect data as it is not in his interest to do that.

If they are chasing me instead oif him he would not want to get it corrected.

so everytime one of these retards looks up the name they will probably see his addresses and also mine.

It will probably be updated with my address each time I move as it is lnked in their eyes.

 

Now for the real kick in the head.

 

I contacted Experian and Equifax and asked them to check if my address was linked to anyone elses account.

They advised that under the data protection act they could not do this as only the account owner

i.e the other person with my name, could check and ask for it to be changed.

which they never would as this would mean they would chase them instead of me

 

Ironic hey ???

 

So as long as the other persons account is wrong i cant see an end to this.

Even if I convince the DCA thay have the wrong person they just sell it ona and the fun starts again.

you see there is no honoiur among theives so they would not just admit they had bought a dead duck.

they just pass the dead duck onto a new hunter.

 

thanks

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Stockport this can be stopped, especially as this has now on your CRA files!!

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thanks. Do you mean just this one or all of them. Like i say i get between 6 and 10 letters per week that are not my debts. I need to stop them all. Is that possible by writing letters?

 

Thanks

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