Mistaken identity, attachment of earnings wrongly applied

[PJ72]

My pay this month has had a few hundred pounds removed by an attachment of earnings. In short this has been paid to a government collection agency who wrongly applied my NI number to one of their files.

They offer no explanation why this happened and it took them less than a minute to look into it and realise I have been based in Manchester for many years while the person they want (we have the same name) is London based and that they should return my money.

 

Having considered the situation I have the following complaints and concerns.

 

They were negligent in their actions, very little effort was required to realise the person they wanted and my NI number don't belong together, surely they should be held accountable. As I didn't receive anything in writing I'm assuming the person who owes the money did, including my NI number, so there is a data protection breach. Depending how long it takes to return the money I could suffer financial hardship and I have already suffered from stress due to their negligence (the first time I called them they hung up as I couldn't pass security despite me trying to explain my situation). My employers will not be happy I have had an attachment of earnings and this will probably go on my credit file.

 

I would like to take some action to be compensated for the time lost dealing with this but more importantly to ensure this can't happen again, does anyone know if this is possible?

Edited August 26, 2016 by honeybee13
Paras.

[Bazooka Boo]

There will be a process that you can go through to raise your concerns and complaint yes.

 

If your credit file is something which concerns you, then you can check this free with Noddle or Clear Score, alternatively if you want an accurate up to date reflection of your file, you can use Experians free 30 day Trial, if you've not used it before?

[Andyorch]

More of a data protection issue rather than Financial Forum issue PJ72..therefore I have moved you to the relevant forum for further advice.

 

Regards

 

Andy

[PJ72]

Hi

Thanks for your replies. I've checked clearscore which has nothing showing at present. Andy as I consider the consequences further I agree that data protection is the biggest concern (once I'm over the initial anger at their incompetence) and would welcome suggestions on any action I can take to prevent identity theft.

[andydd]

I don't think it will show on your credit report, the report would show a ccj but presumably the mistake didn't happen at this stage.

[steampowered]

You can claim compensation for breach of the DPA which causes you financial loss. You can also claim for distress caused, but only if you have also suffered some financial loss. See http://www.legislation.gov.uk/ukpga/1998/29/section/13

 

It sounds like you have suffered financial loss as they have your money.

 

Might be worth putting in a formal complaint in writing asking for an apology, confirmation that steps have been taken to ensure this doesn't happen again, and for proper compensation (mentioning that a complaint may be raised to the ICO or court action taken if a satisfactory response is not received).

[PJ72]

Hi

 

Thanks for your advice steampowered, I'll look into the things you have suggested. My main concern is getting my money back which is apparently happening (cheque in the post) after that I'll be complaining and trying ensuring it can't happen again. I've a visit to my MP lined up for later in the week to discuss the issue.