Experian refusing to change details

ravenhill

Apologies in advance if this is in the wrong sub-forum.

I regularly receive letters from debt collection companies, the CSA, etc, for someone that doesn't live at my address. The person in question is my brother.

In one of those quirks of fate that you couldn't make up, he actually used to rent a room in the flat that I now own. This was about 4 or 5 years before I bought it. I didn't find this out until he popped round just after I moved in and was amazed by the coincidence.

Sadly, he has a large amount of debt which he refuses to pay, and the debt collection agencies have now found my name and address and, as we share the same surname, have put 2 and 2 together to come up with 5.

To compound the error, the debt collection agencies have phoned my elderly downstairs neighbour asking to speak to 'Mr. L*******', to which she replied "Oh, he's at work at the moment. I'll take a message.", believing that they meant me when it was actually my brother they were after. This seems to have cemented in their minds the idea that he lives here, and they appear to have had his Experian record updated accordingly.

Recently, I received a letter from the CSA regarding non-payment of child maintenance (again for my debt-dodging brother). When I phoned them to explain that he doesn't live here, they couldn't have been more helpful, suggesting that I contact Experian or Equifax to correct the details.

I called Experian and they refused point blank to update their records, stating that the record in question wasn't in my name so they couldn't change it. The gentlemen on the phone, who was rather rude, and said that I should just send the letters back and ignore them because "it's nothing to do with you".

"That's all well and good", I replied, "and, indeed, that's what I've been doing for the past couple of years, but what about when debt collection agencies are phoning my elderly neighbour at 8 o'clock in the morning, waking her up?"

The gentleman instructed me that there was nothing he could do and eventually it would probably stop. Except it didn't, and I've received two more letters this week.

So, where do I stand with all this? I do not want my neighbours to be inconvenienced by debt-collectors. Plus, I'd rather they didn't think I had unpaid debts against my name.

Do Experian have a responsibility in this matter? Can I insist that they remove MY address information from somebody else's record?

Any advice would be greatly appreciated.

EDIT: I should also point out that myself and my brother don't have very much contact (I think I last saw him about a year ago) and I have no idea where he lives. If I did, I'd most likely give his address to the debt-collectors as he needs to face up to his responsibilities.

ravenhill

No ideas, anyone?

icefall

Write a letter to Experian giving all the details

try contacting the citizens advice bureau

In my experience it can be better to write a letter rather than phone especially for something complicated like this.

dancingfairy

Hmm. Not sure if I am the best person to give advice here but since you have had no replies yet.

Have you put it in writing to experian/equifax that you are not your brother?

If they can't /won't resolve it then I would ask to make an official complaint to a senior person.

If this fails I would look at possibly contacting the OFT or FOS . I am not sure if it comes under their remit or not but worth a try.

You could also phone National Debtline or CCCS or try the CAB who I would have thought would be able to advise you where you stand legally on it.

Hope this gives you some ideas.

peb

The only thing I came up with is to serve a Notice of Disassociation - ie that you and your brother are different beings with different financial arrangements. However I'm not sure if that will help in this case; it would assist if you were being confused with your brother and unable to get mortgage finance etc but as the agencies have your address they will still write to you as presumabley the last know address.

Maybe RAS or one of the other experts can help more?

dancingfairy

I would possibly be tempted to send any letters recorded signed for (or whatever it's called) so they can't deny having received it, just for piece of mind.

Oh and I think you can add a note to your file to comment on things - perhaps a note saying that you dispute the debts are yours and that they belong to your brother? just until things are sorted out.

TotallyBroke

Your address cannot be removed from his file as he DID live there once. I'm not sure but (the clever people will know) I think it may disappear after 6 years have passed. Most places only ask for 6 years residential history and if there is debt and nothing has been paid in it for 6 years it can't be enforced.
I can only advise you write on the letters "Not known at this address".
I'm guessing you both have the same initial for your first name as well which is probably causing the confusion.

Elspeth

I had this (well a related situation) with a debt of my dad's (he's been fighting a mobile phone company over about £24 for about 10 years) showing up on my credit reference reports as I did live with him and we have the same surname.

I wrote to one of the credit ref companies explaining that we had no shared finnacial arrangements and no longer shared an address and they removed the details.

I've found a link to a form that looks like it would do the same thing? http://www.uk.experian.com/contactforms/consumer_onlinedisassociation.html

Once that's sorted you might have more luck fending off his creditors, hopefully. Hope I've understood the problem and that helps.

ravenhill

I've thanked all those who've replied, as you've all given some very sensible advice.

Firstly, I'll go with Icefall's recommendation of sending a letter - it's always the obvious solution that doesn't spring to mind!

I'll see what Experian have to say about it. Although he did live here some years ago, I believe it was only for a short time and he didn't actually register the address for bills or anything (he doesn't agree with paying bills wherever possible).

Thanks for the replies - it's much appreciated.

If I manage to get it resolved, I'll post an update so that others can take the same route.