My loan appearing under brothers credit file??? HELP!

iceman28

Hi All,
I took a loan out with barclaycardloan for £15,000 approx 8 months ago, never missed a payment. Changed banks beginning of November and cancelled my direct debit and waiting for everyone to contact to re-establish, everyone did except Barclaycard re. the loan. I contacted them in middle of November and lady advised they could find no loan for me under my name, or at my address (Bear in mind me and brother lived at same premises with same name D Buckley, I am Damian, brother is Daniel - we lived here all our lives until approx 2 months ago - Only I live there now - also this loan ios NOT showing on my credit file, and in theory due to amount of credit anyway, shoukld never have been agreed - which I found strange they accepted)..... anyway.....

Lady advised would send new DD mandate, I completed and returned and have heard nothing until today.

Brother texts me and says he has been receiving letters from Barclays advising of missed payments on this loan, he has been advising them he never took a loan out, he visited branch of Barclays today and they advised a loan under my name is on his account - again, he knows nothing about this. I have tried speaking with them, but they don't want to know as they say I have no loan with them....

What can I do, is this enforcable etc? What's the likely outcome? I am completely stuck on what to do.....

Cheers

Thanx in advance

leespot

Do you have your original loan agreement? If you do, then you should take that along to the branch as proof it was you who took out the loan, and not your brother. Are you twins? If you are, then they are probably confused as you'll probably have the same DOB.

If you don't have the agreement, you could send the bank a Data Subject Access Request which means they have to return any information about you that they hold. That might flag up the loan documents.

As for it being enforceable, you're a long way off being able to take that sort of action yet. If the loan is in your name, but under your brothers account then sounds like a mistake that the bank made.

They will be able to prove you have made payments by your statement history - which would then (usually) mean that you have acknowledged that you owe them money, hence why they can say the agreement is enforceable.

leespot

I should have added, that if you leave it and don't take any further positive action, then from what you are saying your brother is going to be the one with (if its not already) damaged credit history. You could get one of the free credit checks each and see who's name the loan is showing under?

iceman28

Hi Leespot,
Thanks for your reply..... basically the way it has been left is..... I do not have the original agreement but have admitted to it being my account, they will NOT acknowledge this as it is not showing on their systems. I have completed a credit check and can confirm the loan is NOT on my file! We are not twins and have completely different dates of birth 3 years out....

Cheers

iceman28

Forgot to mention, they have opened a full investigation which they hope to complete by next Friday and until this date they will not speak to either of us.

leespot

Well, from the sounds of it they might have messed up on their part. They'll have to produce (signed) documentation at some point, because without it I'm pretty sure the loan cannot be enforced. Is the loan on your brothers file?

iceman28

The loan is apparently on my brothers file, they have stated as much when he went into Barclays branch earlier today

crazyfj

This has happened to me with the GE bank, I have same name as my father. He had a credit card and I took out hire purchase at the same address, they just merged the accounts together using the name. In took ages to sort out but we both had the original paperwork.

Rich_Richmond

Well as you said that you have missed any payments for the first few months on the Car loan. And it was directly debited from your bank account then. This could be valid proof that the loan was taken by you and as the payments were being made from your account itself.

Now lets wait for the banks decision to come as they would also be analyzing the blunder being done by them.