Sound Help Advice Needed

chrisbujon

I applied online and took out an Abbey Zero card late last year to take advantage of the 0% offer on transfers. I transferred £2500.

Now this is where it gets interesting. I was sent through a credit agreement to sign which I duly did. My Card arrived a short time later along with a statement showing the balance of £2500. The only problem is the card and the statement were both in the name of a MRS J Blogs. I double checked my credit agreement and that was correct in the name of MR J Blogs. Anyhow I called and highlighted the error, and also called into a branch. 6 months later and this still hasn't been ammended. My 6 months 0% is up and i'm left with a card I can't use and an outstanding balance. Finances are particularly tight, but I wondered if this error constitued an invalid agreement?

Surely Abbey have opened an account and applied a balance transfer to it on an account holder that doesn't exist. Can I simply cancel my minimum payment direct debit and argue that a MRS J Bloggs doesn't exist?
They have made the error and in the current climate with al sorts of agreements being invalidated I wondered where I stood legally?

Advice / knowledge would be most appreciated.

debtdestroyer007

This seems too dodgy.

TBH, you say you have informed them of the error. plus you went to a branch, that would create some kind of a record to say that you have advised them of the mistake.

now if they still havent amended the info, then basically it shouldnt affect you, assuming you are not financially linked to this person.

you will get DCA letters initially addressed to the other party but you could mark them as ' Not at this address'
that too would eventually drop over time when they put a trace on person and leave you alone.

jonesMUFCforever

This is where you stand - you applied for a card and were accepted - you transferred a debt to it and you owe whatever the balance is now.
So simple really.

chrisbujon

Thanks for the comment, however my issue is simple really. I agree I signed a credit agreement, but if Abbey have created an account in the name of a person who doesn't exist then what can they do? If a MRS J Bloggs asked for a signed credit agreement then they wouldn't be able to produce one, because it would be in the name of a MR J Bloggs.

When I did call the telephonists advice was I'd need to go into a branch with passport and credit card etc! as though the onus was on me to have this corrected.

Obviously there is some form of audit trail pegging back to me, but couldn't I chance my arm and say that I wish the account to be in dispute until they correct there error (i.e. create an account from the original credit agreement).

Does anyone have the actual legal standing on this?

debtdestroyer007

if the debt is not in your name, you are not liable for it

chrisbujon

Thanks debtdestroyer

So with that in mind, is it better to;

a) cancel direct debit, then ignore correspondence addressed to MRS Joe bloggs.
b) cancel direct debit, write to them saying the account is in dispute.

My attitude on this is that they touted for my business with the transfer deal. They hope i'll stay with them until the period ends so that they can make a profit on interest charged after that time. Surely they should be more careful when actually creating the account.

I'm just worried that obviously the transfers are from other cards in my name and address. Direct debit has been from my account in my name and the the only error being they have me as a MRS instead of a MR (by the way I aren't married).

I wondered what the procedure is from there point of view should I choose option a)
If they do checks on J Bloggs then they'll find me at my address if they do a check on a MRS J Bloggs then surely it'll throw a blank. Anyone know what steps they'd take?

withnell

The debt is in your name - the BT was done as Mr J Bloggs, and the credit agreement is also in your name.

Typhoon2000

Your tiltle has no legal meaning, you can call your self Ms, Miss, Dr, Professor, Rev, Lord or anything you can make up. You can even change your whole name by deedpol if you like, but it will still be you

thriftymomma

Why not check your credit files to see if it appears?

chrisbujon

But all emotive thoughts aside, if a credit agreement is in a name of MR and the card and account is in the name of MRS, then that company hasn't provided MR with what he signed and agreed for! Simply wanted to know the legal standing on this if I wrote to abbey saying ther agreement hasn't been kept, how would they react?, the fact it would require lots of effort and identification for me to change the account from MRS to MR suggests they may have difficulties in transferring the account back, because they would have to write to a MRS to acknowledge there error and refund her the payments she had made etc! etc!, but she doesn't exist.

debtdestroyer007

the balance transfer raises concerns, i would def check your credit file to see if its listed in your name... if it is then there is a problem, if not then as said, they shouldnt chase you but the Mrs