Additions direct "phantom debt" and incorrect information

[super-natural]

Hi guys - newbie so please bear with me (and be gentle ).

 

Ok - here goes.

 

I opened an account with additions direct in 2003 (when it was Argos additions) - bought a couple of things on credit - but mostly just paid by debit card when i ordered goods. last thing I bought was in sept and oct 2006 (paid in full). Additions direct changed their online system around May 2007 - so i couldnt access my account as they had changed acc numbers and i had to re register. Anyway - in the first week of Aug 07 Ia letter arrived at my house with my address and surname but Incorrect initial and addressed to MRS (which im not). I opened this letter - and immediately recognised it as an error (I knew I didnt owe any money and I had not had any statements since clearing my account in OCT). I telephoned SDFS (Phoenix recoveries uk ltd) and explained that I had received this letter - name was incorrect - told her my name (probably shouldnt have with hindsight!:confused:and the lady i spoke to stated 'I see whats happened - this should be MRS * ******** (lady a couple of doors along) at number * (HER address) - this should not have been sent to your address - Ill get this sorted straight away. Anyway - then i got a letter on the 8th Aug from the same people with MY NAME MY ADDRESS and MY ACCOUNT NO!!!! requesting payment for the debt. i phoned them up immediately - explained my original phone call and was told the debt had been passed on to another company who would be in touch. Got a letter from RedCastle recoveries on 10th Aug saying the debt had been "legally passed" to them. I phoned them up and tried to explain what had happened and spoke to the RUDEST most ignorant man on earth. Anyway - I requested an itemised breakdown of the goods the debt allegedly pertained to (as i am not paying anything unless they can show that it is goods I have bought). Anyway - went through the same saga another 4 times between 10/8/07 and 01/10/07......(phoning up, explaining, being fobbed off and even being called a liar and being told that there is no record of your calls so charges being added as you never got in touch....luckily I have the dates times and NAMES of everyone I spoke to!). Anyway - they said that they would "suspend" the account until they send the itemised breakdown.

 

WEll - nearly 1 year later - I get a letter today - with a computer printout the WRONG date of birth - and NO evidence of what the goods are. Also the list of transactions are WRONG (I have bought and paid for and sent back loads of stuff since 2003 - the printout says 0!!!).

 

The date of birth is however the DOB of the woman identified by the customer services lady who i phoned originally!).

 

SO - I am about to send the template letter for the copy of the CCA to Additions direct and to BOTH DRAs. They will not be able to provide a copy because I have never completed or returned one. I have also requested a copy of statements from Additions (showing any defaults or any payment requests - cos i never got ANY!) and also a detailed breakdown of the goods this debt pertains to (also requested from BOTH DRAs). I have advised the original DRA that they have provided false information about me to the second recovery agency and I want it corrected ASAP.

My problem is - I have gone from having a near-spotless credit file (one late payment) to having a default (I have been in touch to dispute it but they say they cant remove it). I was hoping to get a mortgage but Im scared this default will prevent me getting one now!

Is there anything else I should be doing? or anything else I should be requesting?

Im RAGING because I KNOW this is my neighbours debt (and I also know she has other catalogue companies after her - the original CS lady had a big mouth and poor understanding of the data protection act! and let it slip when she was searching) - but the DRA guy just says - if you think someone has committed fraud contact the police...................(eh - no- nobody stole my identity - you idiots TRANSFERRED someone elses debt INTO MY NAME! - what do I do????).

 

Sorry this is such a long post - but im in a job where any hint of dishonesty could lead to me being dismissed:sad: so im really worried (but i dont want to pay off someone elses debt!!!!).

Im in Scotland by the way.

 

Many thanks for any help or suggestions on what to do next.

 

was trying to edit to show scan of "breakdown" but it wont upload!

Edited July 5, 2008 by super-natural

[2Grumpy]

The "prove it" letter is probably best. You could add a paragraph at the bottom to explain that it was mrs xxx debt with her account no sent to your address now changed to your account, that none of the details or debts are yours.

[super-natural]

Thanks 2grumpy

I don't have the very first letter that was sent (cant find it anywhere - so OH probably "tidied" it into the fire:|. While I know (and the female CS agent I initially spoke to knows) - I dont have any physical PROOF that its her debt (despite it being her DOB NOT mine). Thats why i have asked for a BREAKDOWN of the GOODS that this debt pertains to - is this an acceptable/ reasonable thing to ask them to provide (and are they likely to?). I am NOt paying a penny for anything if I dont know what im paying for. plus this womsn is a different size age and shape to me and her kids are older and a different gender - so if its all matching boys clothes................its definitely not my debt!:razz:

 

Surely it is up to THEM (DRA/ credit co) to PROVE its your debt - not YOU to prove it isnt!

And they should have to PROVE you owe money BEFORE they can put a default on your credit record!:-x:-x

[slick132]

Hi SN,

 

I'd be inclined to send the prove it letter and make it absolutely clear this debt has nothing to do with you. Don't get them to send you anything like a breakdown of goods, etc.

 

The debt isn't yours - it's THEIR error and THEIR problem. And it doesn't matter if it's related to the lady next door or someone a hundred miles away.

 

Forget CCA or SAR letter - deny the debt but make sure there are no default markers against you for this.

[The GodMother]

Re any deafult markers for this debt you could always ask the CRA to put a note on the report stating this is in no way related to you and SDFS have admitted they made a mistake.

[super-natural]

Hi guys - many thanks for your replies.

Unfortunately - there is already a default showing on my credit file (it was otherwise spotless prior to this - apart from one late payment years ago!).

 

I have already told EVERY DRA and the original catalogue company that its NOT MY debt - and that the date of birth attached to the debt is NOT mine (as well as explaining the sorry saga of how the ONLY reason they have attached it to my name was due to my being stupid enough to tell them they got it wrong in the first place!). As I explained - I told the CRA that i disputed this debt - and the DOB attached was wrong but the CRA said they couldnt remove it. That is the reason I asked for the breakdown of goods - I cant think of any other way to try to show that its NOT my debt. Everyone involved is conveniently IGNORING the fact that the original letter had the wrong initial, the original CS woman ADMITTED whos debt it actually was and apologised for it coming to MY address and promised to correct it AND the date of birth is WRONG. Despite these facts - there is STILL a default (8) showing against my file - which I can't get removed.

I have wasted nearly a year of MY time trying to sort out OTHER peoples mistakes (while being made to feel like a criminal every time I phone up abut it!).

The onus should be on them to PROVE you owe before any credit agency allows a default to be registered.

[tiglet]

I would personally send a SAR which should show all account information.

[slick132]

Tiglet,

 

I agree re SAR, as there is a default in place.

 

Super-N, Thread could also be moved to Default Forum for more specific advice if you wish.

[super-natural]

once agin - many thanks for your invaluable replies.

As I said - I asked for a detailed breakdown of account and goods (Is this the same as a S.A.R - (Subject Access Request)?) but what i got was a letter stating here is breakdown you requested. But it isnt...........it has no itemised list of goods. it is a computer print out of my account number name and address, date the account was opened (dunno if this is correct or not - i opened it when it was ARGOS additions - not additions direct), WRONG date of birth, default date of **/*/2007 (DESPITE NEVER having gotten a statement from Oct 2006 - never mind any kind of request for payment).

Activity over last 6 years

balance sold £***, debits ***, goods - 0, insurance - 0, interest **.**, delivery -0, charges 60.00,credits - 0, payments -0, commission, 0 discounts -0 adjustments +/-***.** then below goods ordered in last 3 years (blank), payments in last 3 years (blank) adjustments in last 3 years 18/01/07 ***.** payment due from old account related item - none.

No note of old account number or anything showing how this debt was moved from one account to another!

Nothing to indicate anywhere what the money is owed for or HOW they work out or can show its in any way related to me...................

 

Im more than happy for this thread to be moved anywhere that you think it may generate specific advice - just let me know where - thanks:grin:

Edited July 27, 2008 by super-natural

[slick132]

S-N,

 

It's a quieter forum but you'll get more dedicated advice, so I'm moving this to Data Protection/Default Issues forum.

Edited July 6, 2008 by slick132

[slick132]

Can I suggest you start off reading Stickies 1 and 3 at the top of this forum page.

 

Sticky 3 relates more to Defaults where bank charges are an issue, but it is worth a read.

[The GodMother]

U could always in writing request they put the note on your credit report regarding the incorrect info.

[super-natural]

Hi Godmother - I have asked DCA 1 and 2 to do this- and I wrote to the CRA and asked them to do this as well - DCA's havent done this - as they say I OWE the money (I DONT) and CRA say they cannot remove the default but I have asked them to amend the default and say it is disputed.

[tiglet]

Send the SAR to the original creditor - this should shed some light and (hopefully) prove you don't owe the money (don't forget the £10 and DON'T sign your letter or send a signed cheque from you)

[2Grumpy]

You need to send a SAR to additions direct as well as a letter to the CRA quoting the additions account, tell them that it is in dispute, that additions have had accounting errors resulting in someone else's balance being added to yours and that they should remove the default until this is resolved. You could add that you will sue them for libel if they don't comply.

[2Grumpy]

Well that's 2 of us giving the same advice about the SAR then!

[super-natural]

OK guys - a bit of an update:)

I have sent a CCA request to both DCA's and to Additions. I intend to send a SAR to Additions once i see what they send in response to my letter (which also demanded a detailed account breakdown, including a list of goods purchased and payments made etc - I am not keen to give them a tenner of my money for a SAR without trying to get the info for nowt first:p - if i dont get it - SAR is ready and waiting to go in the post). got another redcastle letter increasing debt by £12 (better NOT get another this week coz i have stated very clearly that account is in dispute).

 

as an aside - i sent all 3 letters special delivery (next day signed for on the 24th - but as after 3pm had to pay extra for next day +1 and then saturday??????:-?

On my receipt it states guaranteed delivery by saturday 26th but on checking online - one says it cannot be tracked????? and the other 2 are scheduled for monday delivery and the site states that this is within the guaranteed delivery date of the 28th!!!!

Remind me - why pay OVER £18 to have 3 letters delivered BEFORE the weekend - only to have them delivered on MONDAY - would have been cheaper with recorded delivery - and they'd have been delivered by now!

Can i claim back if the receipt says the guaranteed date is 26th and they didnt deliver till the 28th?

Never rains but it pours - and someone elses stuff:mad: up is starting to cost me a bleedin fortune!

[slick132]

Hi S-N,

 

As an alternative to Rec'd or Special Del'y, you can take any letter to the PO, just pay normal 1st Class postage and get a free Certificate of Posting.

 

This is adequate proof that a letter has been sent and that it would therefore be received by the addressee.

[super-natural]

Hi slick - thanks for your reply - the only reason I spent the extra on special delivery is due to my location (the letter would never have got there before the weekend otherwise) and the fact that I need proof of the ACTUAL delivery date (so i can monitor the 12 +2 days they have to send me the requested info. i don't know how proof of posting works - can you find out the actual delivery date using this? - if so - all my other letters will be going this way. can i claim all these costs back off the DCA/OC when they admit their mistake? (coz it definitely is NOT my debt!)

[slick132]

Using a Cert'te of Posting means you can assume delivery (I think 2 or maybe 5 days after posting) is made. So you may lose a few days but if it saves £6 or even just £1.10 (Rec'd Del'y) each time, I think it's a useful saving.

 

You should be able to claim reasonable costs from the DCA but how you do it will depend on what you end up doing to resolve the issues.

[The GodMother]

it is 2 days after delivery. Yes i do think u can claim compo as it had a guarenteed delivery date.

[The GodMother]

I am assumin that liverpool is not a restricted area so yes u should get compensation according to the RM website.

 

look at this for further info. http://www.royalmail.com/portal/rm/jump2?catId=400028&mediaId=400026. click on the link that says find out more then on to what if something goes wrong.

 

Then i would advise u ring customer services and follow the procedures from there.

[super-natural]

update - letter from redcastle - acknowledging letter and saying they are "awaiting info you requested" and letter from littlewoods (on littlewoods paper - not Additions) stating "unfortunately unable to locate agreement" but for your info here's a copy of an unsigned agreement:confused:

SARS request on its way to littlewoods seeing as they never provided ANY account info that i requested!

I take it the SARS request only needs to go to the OC and not to Redcastle.

 

How hard would it be to just PROVE what Im being billed for? - and therefor PROVE that its their error!

can I charge them for my time/letters etc and ask for the cost of postal orders/ postage etc back when they finally see they are in the wrong?

[The GodMother]

yes under the harrassement laws u can

[super-natural]

ok - update on the saga - NO reply from phoenix - totally ignored my letter!

Red Castle acknowledged my letter by saying they would forward the info as soon as they received it (have heard nothing since).

Littlewoods sent a copy of an agreement they wished I had signed - but admitted they DONT have a signed agreement.

S.A.R - (Subject Access Request) being sent tomorrow to Littlewoods.

got a letter today from collect direct (despite the tone of the letter - my FIRST communication from them - mmm they seem NICE!) (scan attached in the 2nd post down from this!).

Who do I contact about Phoenix and Red castle not responding/providing info (but cashing the postal orders anyway!) within the required time.

I have written a (long) letter to these new guys! (also attached) - opinions very welcome (is it too much? not enough etc~).

I take it this company are another debt collector that Red Castle sold the debt on to - does this seem likely?

How can I stop this incorrect info being sold on to other agencies (quite frankly Im P***ed off at having to send letters out saying the same thing all the time.

 

Once again many thanks for your help.

Collect direct LETTER reply 1.doc

Edited August 31, 2008 by super-natural
Im a numpty and the pc's a numpty and neither will attach a readable scan rather than a thumbnail!