Inkslinger/various issues

[inkslinger]

Hi all, first post here, just had a letter through from a deby collection agancy chasing a debt on behalf of Arrow Global Ltd, dates back to 2003-2005 from a shared house I moved out of in 2002, it appears that someone has gotten a mobile phone in my name from Orange but has slightly misspelled my name on it.

 

As I was smack bang in the middle of applying for a mortgage I rang them up, explained the situation and they said ring the police and get a crime number, but I just didnt feel I had time to mess around with my mortgage application going in so I said I would pay and chase it through my solicitor.

 

Checked my credit with both the big ones and loads of unpaids and and a default on it. There goes my mortgage, im gutted. I knew nothing about it it, in fact Iv never had a phone from orange.

 

Iv wrote to the CRA's demanding its changed as clearly the name is similar but is spelled wrong and wrote to the agency demanding they ask to change it and inform the CRA's.

 

If they refuse whats my next step? Ask for a SAR and see if they have any agreement and if so whats on it? without this are they legaly obliged to remove it? Surely if the name is not right they cannot store this information against me?

 

Any advice be gratefully received!

[boswell]

Are all the unpaids and default on your CF regarding the same debt?

If so i would start with a CCA first and when they produce it or not in this case you can dispute the ref on your file.

[inkslinger]

Yes they are all from this one contract, thing is it defaulted in 2005 and iv only moved twice since then, seems odd its taken 5 years to find me, I smell a rat with this. Wrote to both stating the information is incorrect and clearly not in my name.

 

lets see what happens.

[boswell]

 

lets see what happens.

 

Well the balls in your court now as what to do next, sometimes these can drag on for years until the debt eventually becomes SB.

Make sure you always com in writing to leave a paper trail for later use and dont disclose your sig always print it, your sig may eventually be your trump card.

I suppose it also depends on how desperate you will be in the near future for Credit or even try another Mortgage Application.

[inkslinger]

Well, I just think its damn unfair its affecting it now, but im also old enough and wise enough to realise bitching about it wont help, I just need to have a go and see what happens, Iv never needed credit until now and I lived out of the UK between 2003 to 2005 anyway so I can hardly see how I could be using the phone from Japan........... well here goes nothing and thank you for the signature...... Ill bear that in mind.

[boswell]

Your welcome and dont worry about bitching, most ppl would do the same under similar circumstances.

It's worse than unfair, i think its illegal because i think based on what you have described someone has used your name for credit and when you need to apply, as we all do from time to time, you find you are defaulted through no fault of your own.

Have you considered the possibilty of researching "Identity Fraud"

It may help to repair your CF quicker as it takes 6 years for Defaults to dissapear from your CF.

Hers's a starter Link

 

What to do if your Identity is Stolen? - About Identity Theft (UK)

[inkslinger]

Thanks, yes, Im speaking to my solicitor tomorrow, and Iv done a quick check on the old address through a friend, the landlord sold the property but it could have had 20+ people living there at one time or another. Im pretty sure Id get a shrug of the shoulders from the police, but Im going to ask if a crime number may help my cause, I just thought the best thing before approaching the police would be to ask for an agreement from Arrow, if the signature is not mine which im 100% confident its not then Iv got a case.

[boswell]

Yes i think you've definately got a case, take your briefs advice and if poss let him write to Arrow, that will let them see you mean Business and are serious about repairing your CF.

But make sure you are aware of what he will charge you first, although your first half hour or so should be free.

It might be useful to post his recomendations on here as some caggers are very knowledgable and we may be able to save you a lot of money.

Once again - The choice is Yours,lol

[inkslinger]

To be honest I think a few hundred pounds would be cheaper than having it on my credit record, Im self employed and haven't had credit for years, I was really surprised to find sky dont have my telephone down as a record on your credit file, even though Im pretty sure they check you.

[boswell]

Well as long as your ok with a few hundred, but i'm sure you know the average starts an £100/hour for a junior and anything upto £400/hr for a senior,plus letter charges.

Sky may not appear now, but as soon as you default they sure as hell will.

I used GoCompare recently checking for car insurance and 2 cheeky bu**ers, Churchill and Admiral checked my CF and appear in the list of previous searches.

Big Brother is all around us.

[inkslinger]

Seriously? Its frightening really is, I guess most people would be shocked to see how much information is stored against them, Iv got my x on association from 13 years ago in her maiden name, even though Iv been divorced for years. Im asking for a correction on that one too!

[inkslinger]

Has anyone had any dealings with these people? This relates back to my previous thread regarding my mis spelt name, it appears its these people who placed the default on my account, though I have never heard of them or had any form of default letter.

 

Something very funny going on there.

[inkslinger]

I forgot to ask my solicitor this yesterday when I spoke to her, hopefully someone here will no the answer. If I have a default notice on my account say for December 2004 and I settle the account in November 2009, should it be removed from my credit file by December 2010 as six years has passed since the default? or does it stay as a marker from six years after the point I pay it? ie six years from 2009?

 

I'm just not sure how its supposed to work!

[what_todo]

hi,

 

i belive that it will stay as a maker for six years, sorry

[craigers]

it should fall off in december 2010 regardless of whether the account is settled or not. you might need to chase the CRAs to have them remove it because they aren't quick at doing it.

[inkslinger]

........ if I had a satisfied default, which a company refused to update ( blanking the letters) all wrote out legally, how would I apply to get them to court and what would be the cost? Im quite prepared to do it, a) because im 100% sure of no agreement, and b) because there was never a default notice issued, Iv followed the obvious, letter, 28 days later another, 28 days later another threatening report to information commissioner.

 

Iv paid but made it clear iv never admitted the default, stating Im paying it on good faith and in an attempt to resolve the situation, asking that its looked at as I belive fraud has taken place. Spoken to the police and they seem to want paper work of some description before they can go further, ie copy of agreement without my signature ( which is spelt incorrectly)

 

Im just wondering if its worth going now, Im only asking if anyone else has tried before I go pay my solicitor to make a start, could I claim damages and costs if they are proved wrong and appear to be making the situation worse by ignoring letters?

 

Thanks in advance.

[dx100uk]

you have several threads linked to the same issue

 

i'll get all these merged so we know what has/what has not been advised.

 

your best bet is to do as the police ask and get as much info as possible.

think the best route would be to sar the phone companny

 

dx

[MARTIN3030]

4 threads merged.

[inkslinger]

As an interesteing note, I spoke to the solicitors of Arrow Global today who told me it should never have been listed as a default, I asked for it in writing which she said she wasnt sure she could do, I then told her I was recording the conversation and she had freely admitted it was an incorrect entry.

 

Im not sure if its admissable in court but Im going to speak to my solicitor about it and send a letter to Arrows solicitors advising them what they have told me.

[inkslinger]

Just an update, Equifax have it still listed but have agreed to investigate it, and its ceased appearing as a default flag even though if you manually went through my file it would still be there. I asked Equifax to place a not saying it was under dispute. silly state of affairs for £196 really, but if I dont get joy its going to court and I'm looking for damages.

 

I wrote them a lovely letter stating iv got a recorded conversation from their own legal department stating they cannot understand why its listed as a default at all, how its clearly a different spelling to my name and offereing them 28 days to remove it before I take further steps.

 

Lets see what happens.

[dx100uk]

well done

 

keep plugging

 

dx

[inkslinger]

A very quick update, Experian are now looking into it, have removed the default of my account (still listed but doesn't appear as a default notice marker), and all of a flash its listed as satisfied?!?!?

 

Friedrickon keep sending me a statement showing its been paid, but cant seem to produce any paper work just the same as Arrow (hardly surprising), Iv warned them both I intend to SARN both parties and if nothing is forthcoming Im reporting the the IC but Im going to go directly to court with it (Solicitor says three letters is enough and Iv been through the correct routes) ignoring me isnt going to help.

 

I sent them a lovely letter stating I had every intention of taking them to court and If I was put in a position to do so would attempt to seek damages or they can remove it as a good will gesture as Im sure its going to cost them more than the £195 default (they claim) to come to court over it. They have about another ten days to reply before I SARN them, but iv got no intentions whotsoever of giving up on this. Someones made a mistake and I mean to get it rectified.

[dx100uk]

nice well done.

nits good to see experian actually DOING SOMETHING POSITIVE for a change.

alll too often the bury their head....well done.

 

as for the SAR's , why wait!

 

dx

[inkslinger]

Experian, did try to give me the run around, until I flatly told them they were responsible for reporting correct information and if its brought to their attention that the information is incorrect then they are duty bound to investigate. I asked if they wanted my solicitors number and warned them that previous cases had resulted in damages payments if no action had taken place. I asked her if she knew what the damages maybe if I didnt get my mortgage over an incorrect entry they had failed to act on?

 

Funny after that they were pretty quick to respond. Brief said go through the process that way when it goes to court you have been seen to do what you can to allow them to prepare their case, otherwise the defence is that I simply haven't given them the correct time scale and opportunity to reply.

 

Iv no intention of letting them squirm away on that one, Im speaking to Orange now to see if they can throw any light on it, and to see if they defaulted it first, if they did that's two defaults on the same account and if there's is earlier than 2005 then Arrow would never have had the right to place another one. All ammo for a case I think.