Debt

A question about : Debt

Hi There.

Long story short ( or not so short!), I have been hounded for the past 5 years with letters at my various addresses for someone with a similar name, not my real name but say I am Julia A Smith, letters are arriving for a Julie B Smith, at first when this was happening I just returned to sender and thought nothing of it, when lots starting arriving I thought I was doing the right thing in calling these companies and telling them I wasn't her, found out we had the exact date of birth as well to make matters more complex, this solved the issue or so I thought.. Upon looking at my credit reports I saw defaults and CCJ's for this woman had appeared on my credit report, address links for places I had never lived at, basically a massive mess.. this all came to a head in December 2011 where I began speaking individually to Experian/Equifax/Callcredit to get these incorrect links removed, thinking that would be the end of this mess.. However since February this year the letters are slowly trickling through again, obviously very angry I went back to Experian etc and as I kicked up such a stink, they said they would remove my details from their trace systems 'Autotrace plus' etc altogether. As melodramatic as it sounds, after 5 years of this I was literally at my wits end, I know it's not me, but even after trying to be as helpful as possible in calling/writing to try and stop this, the letters were still coming and when they threaten alsorts, it is upsetting, but what I am mostly upset about is the amount of time it has taken me over the years to basically get this sorted for a situation that is nothing to do with me, in man hours in writing letters, speaking to people etc, I literally have 2 A4 folder full of hundreds of these letters and my replies over the past 5 years.

I complain about each individual company to the Credit Services Association, I have complained to the Information Commisioner who was useless, and I have just got off the phone to the Financial Ombudsman who basically said they cannot help as they can only deal with individual cases.

This week it has all kicked off again, but this time I am receiving text messages and phone calls for this woman! The ironic thing being that these debt companies will only have my number as previously I will have called them to tell them I am not this woman- oh the irony!! Knowing now what I know from reading these boards, I would never have called them as they are now using my own information against me but at the time I thought I was doing the right thing!!

Basically, in a nutshell, this needs to stop, whatever I do isn't making the matter stop.. I return letters to sender, I write back, I call and still 5 years later the problem is worse than ever as now the telephone contact has started. When I try and speak to these companies they tell me they cannot tell me where they got my information from due to 'data protection' and again this is laughable as my personal information is being passed round to all and sundry.

I have thought about going down the legal route, but who do I take to court?? The debt companies say they get their information from the credit referencing agencies, the credit referencing agencies say they aren't responsible for maintaining the data,only for holding it.... at the end of the day, I'm not bothered about compensation, that isn't what this is about, I simply want it to stop as I am at my wits end... if they can keep writing letters and finding my address for the past 5 years, then why can't they locate the actual woman who's debt it actually is!! From reading these forums it looks like it's not an uncommon problem, but mine seems to be extra complex due to the fact we (once) shared a surname ( I married 3 years ago) and share a same date of birth. The laughable thing now is we share no names in common as our first names and middle names were never the same, our surnames were, but I changed mine 3 years ago....

Really hoping someone can assist in where I go from here..and apologies If i sound melodramatic, but just fed up to the back teeth of it all.

Joannaspanner xx

Best answers:

• I had a slightly similar issue as one of my neighbours had same surname and first initial as me and to make matter worse, his wife had the same intial as my wife.
  For example - I am A Smith, my wife is J Smith. on the opposite side of the road was A & J Smith. Because numbers went odd on one side, even on the other. They were one number different, same post code, etc..
  At first we received a few letters, which we took round to them. They then moved leaving quite a lot of debt behind and to make matters worse, they actually told debtors there address was ours.
  To cut a long story short, we had bailiffs/debt collectors, letters and all sorts. When we tried to phone these companies, like you said, they wouldn't give any details due to the data protection act.
  I have moved a few times since and although I get a few letters asking if I am A Smith I have been advised by the CAB to completely ignore them.
  Sorry can't give much advice, but you aren't the only one who has had these issues.
  Incidentally, it was only after giving new address to tax credits/inland revenue that I started receiving letters again for this person.
  I hope your issues eventually sorts itself out.
  Good luck.
• Thanks holyroller, it's good to know I'm not the only one, it just feels like I'm screaming loudly and no one is listening, it's just a total farce, I think speaking to a solicitor might be the next step.
• Take a deep breath. This isn't personal, they are just moronic and incompetent imbeciles.
  Every six months, check your reports to make sure nothing has been relinked. Have a big note put on it saying NOT JULIE B.
  Then, ignore the letters. Write once to the people phoning, to confirm that you are not the debtor they seek, and they should update their records. Tell them, in writing, that further calls are harassment and will be treated as such to the extent that the law and their regulatory authority permits. Tell them to remove your telephone number, and stop passing your details on as you are NOT the person they seek. If you find that your details have been sold on, you will involve all the necessary authorities again. You will have to do it as individual cases.... then again, if you win one case, stick a copy of the judgement in with your 'get stuffed' letter and you might find the rest don't mess with you.
  Once that is done, stop opening the letters. Print out several sheets of labels with NOT KNOWN AT THIS ADDRESS - RETURN TO SENDER. Put a sticker on and send them back. If they call, sing them a little tune and hang up. You have no obligation to do anything more. If one of them adds something to your credit file, you will be able to remove it again as there is now a record of false marks on it.
  Consider changing your mobile number? Extreme, but useful. Don't ever, ever, ever call them again!
  You cannot stop them being thick pests, but you can regain control of how it affects you. This person is not you and you can stop opening their post. If the DCAs try anything stupid, you have a long record of pointing out it isn't you, and can send them on their way without a qualm.
  Good luck, I hope you find some peace.
• Nightmare!
  Esp when you have only tied to point out the obvious. It is not you and has never been you. I really wish I could offer some tangible advice. But you have already done everything that would have normally be suggested. FSA, OFT, etc and even the credit reference agencies.
  I would however agree with the previous posts you can not let if effect you. You can take control and stop answering them. Easy to say hard to do.
  TBH I would seek legal advice as I know that I could not leave it. I would not want letters and calls for someone else.
  Really wish I could help as it sounds as though it has been a real nightmare!
• Hi all, many thanks for the kind words, I will definitely take on board what you have said and taken legal advice as well, as I just want someone to be accountable, not interested in ЈЈЈЈ, just want it to stop.
  I haven't tried the OFT though, think they are the only ones I haven't, so thats worth looking into too.
  Sigh!! I do feel I'm being melodramatic at times I really do, my family say so, but they don't really understand.. overreacting is what I do best, I know the debt letters are full of !!!! but they do upset me, mostly as it's gone on and on and on.
• Sorry to rain (slightly) on the parade, but it isn't harassment in the legal sense. This is a criminal action, and requires police involvement, further the CPS will not pursue it. Having suffered much the same way as you, you are correct that your identities are being merged, and you may not realise it, but any information you give to the CRA to validate your claim for a copy of your file, the information you provide for this will be used to update the same file, which in turn feeds back to those firms wanting to find 'you'
  Your route to resolve this is a two-step process, as you first need to get the CRA's to advise whether you have dual entries on their system. If yes, you need to work with them to identify the correct one so you can separate and split off the incorrect one(s). If there is no similar entry, your ID has effectively been stolen and you need to arrange for this to be rectified.. The process is called disambiguation, and if the CRA is unwilling to treat your request in all seriousness and expedite the matter, you can raise a Small Claim that will force them to - this has to be done for each firm, but probably only 2 of them will be relevant.
  The OFT is a dead end, they are not consumer-facing and you'll be referred to your local CAB, which is pointless.
  Only after your records are corrected is it worthwhile responding to the firms in pursuit of the original debtor. It is a pain the DoB's match, as this is seen by most as the final verification you are one and the same. Changing your address and phone number is a good start AFTER the CRA's do their stuff, but if you don't it can take up to 5 years to ride out the storm, and that takes strong will and stamina!
• If you open other persons mail and answer to it you agree to represent that person.
  The debt companies have issued Joinder with the debt as you have been representing it.
  This is why you NEVER reply to someone else's mail.
  To be honest the solutions are going to be very hard and complicated as you have been representing someone elses letters.
  That is going to take some serious explanation !
• You will need, a published announcement in a newspaper and several copies.
  A sworn affidavit.
  A letter from a Solicitor.
  To be sent to each.
  Then a official warning of "notice of harassment" from a solicitor to each company requesting a undertaking to put right any harm or distress caused within a set time limit or begin legal action, the solicitor will instruct you that they threats of court action will have to be robust with a strict deadline for action and only deferred by issue of an undertaking by the companies involved solicitors.
  Once they have this, they will either put it right or let you sue them.
  In the meantime do NOT open any more letters that are not in your name, if a letter is addressed in CAPITALS it requires representation, open it and reply and you greatly weaken your position.
• Thanks for your advice Vax2002
• lol, the Lowell Group have just called me asking for this woman, I spoke to them yesterday about this and they said it wouldn't happen again, doesn't help when you have to deal with companies like this.
• Hi Joanna,
  I'm ever so sorry to hear that you are having this sort of problem. I can understand why you feel so frustrated and let-down. I've had a similar issue in the past - I have been mistaken for another resident in my street with the same surname and first initial as me. Alas, I am a single young lady and HE is a man in late middle age with children by various mothers all over the place and a rather unsavoury reputation Until I managed to convince people that I AM a young woman and am NOT a man named Roy I was getting some extremely unpleasant calls.
  But my situation was nothing compared to yours - I really hope that you are able to sort things out very soon.
  I can't really offer any advice better than that already given, but I thought you might like a bit of a smile - here's an MSE thread describing how another poster dealt with a similar issue...: https://forums.moneysavingexpert.com/...d.php?t=741653
  Best wishes. xx
• I can't remember the name of the act but one of the acts relating to finance says that you cannot be held liable for someone elses debt.
  Wescot tried to get me 9 years ago for a debt someone with same surname but different first name to me. I told a friend of mine about it and he gave me the names of 2 acts, the first one being the main one and the second for if they persisted. It took a few phone calls and the last call was answered by someone who had the sense to ask of I'd lived in a street I hadn't heard of.
  OP: I think in your situation I'd be hitting all the companies hassling you with everything possible, CAB or after 5 years I'd be considering going to see a solicitor preferably one who does the initial consultation for free or low price.
• "I complain about each individual company to the Credit Services Association, I have complained to the Information Commisioner who was useless, and I have just got off the phone to the Financial Ombudsman who basically said they cannot help as they can only deal with individual cases."
  I would also consider tacking all my letters and corespondence to see my local MP.
  A letter from a MP holds alot of clout in these matters.