Credit Report Help

waltermcculloch

Morning,

I have been having a read over the forum this morning, still not sure what to do next.

Should I request the agreements?

Fire_Fox

I am sure lots of people try to distance themselves from debts that they ran up - that will then reflect poorly on people like yourself who have been victims of identity fraud. Write the same letters to the companies concerned, asking them to mark your file whilst they investigate. You could ask for a copy of the signed credit agreement and ask what proof they need? You cannot actually prove a negative, the burden of proof is on them to show that you do owe money (which you know you don't). Perhaps your bank manager would be willing to sign a letter stating that the signature on the credit agreement does not appear to match the one they have on file for you? Be wary of sending the creditor a copy of your signature at this early stage as occasionally they have been known to add this to a credit agreement.

waltermcculloch

How about a letter like this to the company.


On checking my credit report with Experian, it has come to my attention that debts are recorded against my name that I have no connection with.

One of which is with your company - as follows:

Company Name:
Account Type:
Started:
Default Balance:
Current Balance:
Defaulted On:


I have written to all 3 of the main credit reference agencies asking them to remove this information from my credit file, as I believe this to be my right.

I have since received a reply from Experian, advising that your company has advised them that the details that they hold on my file for this debt is accurate.

I stand by my previous correspondence to Experian and I would like to state that this debt has no connection, however, I have no proof to provide to you.

What kind of documentation would you require as proof?

Meantime, I would ask you to mark your files showing that I dispute the debt.

Please confirm to me in writing that this has been carried out.



If you can suggest any improvements etc I would be most grateful. Thank you for your advice already provided.

Fire_Fox

I am going to bump this thread because specific wording is beyond my abilities, but am confident someone more knowledgeable on the board will oblige. Keep bumping if you fall off the front page.

10past6

Thanks to FF for the bump

waltermcculloch wrote: »

If you can suggest any improvements etc I would be most grateful

The only way you're going to get round this is to do a SAR request.

Under this request they MUST issue what data information they hold on you, once you obtain the information, if anything shows as false, you then raise a complaint through the company.

They have 40 days to comply, and costs £10.00, here's the SAR letter to send

Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have found to be acceptable

waltermcculloch

Thank you so much for this.

I did want to keep trying to get the post bumped, but thought that would annoy people.

I'll keep you all posted.

waltermcculloch

I've spoken with my mum about this, bearing in mind I don't want police involved or any trouble etc, she said she would write to the company advising that the debt was hers and she obtained it in my name.

What would happen if she was to do that though, I can't see it being very easy myself.

waltermcculloch

What do you guys think?

waltermcculloch

Does anyone have any experience of this when the person concerned is already making payments

beanielou

I think your difficulty could well be that the companies involved will involve the police.
How much is involved?