Mistaken Identity- ruining my life.

joannaspanner

Apologies for the melodramatic title, and also if its in the wrong section of the forum, but I think this best suits.. This problem has been going on for 5 years, i thought it had been sorted before Xmas, yet today it has all kicked off again and I just don't know what to do.

To cut a very long story short, I have been harrased for the past 5 years for debts that belong to a woman with a similar name to me ( don't want to use my own name) but say her name is Julie Smith, my name is Julia Smith, as you can see the surname is the same but the first name is different, we have middle names starting with different initials but are date of births are exactly the same....

The credit agencies also somehow linked a correct address of mine to an old address of hers, so even though my name has changed 3 years ago due to marriage and I have moved house several times, these money chasing letters keep following me.

When I realised what was happening I got in touch with the credit referencing agencies who deleted the incorrect links/ all these ladies defaults off my report ( there was even a county court judgement on there) and the information was finally removed and I thought that would be the end of it, but today I received a letter at my address for this woman chasing a debt.

When I asked where they obtained my address from they refused to tell me due to 'data protection' which is absolutely ridiculous, as what about my data protection????????

I know this isn't me and every time I get a letter I speak to the companies in question ( you name them, I've had a letter from them, the usual suspects, Cabot, Wescot etc etc) and explain the situation, but even though I do this with some companies and that is that, some companies simply refuse to believe I am not this woman and thats when her information appears on my credit report.. as you can appreciate this then affects my life as it meant I was showing as having bad credit ( even though my own credit 'life' is unblemished)

To say I am beyond livid is an understatement, even my parents think I am overreacting when I receive a letter, but after 5 years of spending so much time and money trying to correct other peoples mistakes, I am completely worn down and simply do not have the energy to deal with this situation anymore... I don't know if a solicitor is my only option now, but again this isn't something I can afford, and also, all this debt etc is nothing to do with me and I begrudge having my time and my life ruined by dealing with this crap...

Anyway, I hope that all made sense and I'm sorry for going on, I'm just hoping someone may be able to help me....

Thank you

wealdroam

Isn't it simply a matter of just throwing these letters away?

You tell us they are addressed to the other lady, so just ignore them.

If you want to be a bit more constructive, write not known at this address, return to sender on the front and post them back.

toadyfrog

Its not as simple as throwing the letters away though if its showing on her credit file.

joannaspanner

toadyfrog wrote: »

Its not as simple as throwing the letters away though if its showing on her credit file.

Thank you toadyfrog, I was hoping someone would read and understand my situation.

joannaspanner

wealdroam wrote: »

Isn't it simply a matter of just throwing these letters away?

You tell us they are addressed to the other lady, so just ignore them.

If you want to be a bit more constructive, write not known at this address, return to sender on the front and post them back.

I find your response extremely offensive as you seem to be implying I am some sort of idiot.

Do you really think I haven't tried simply ignoring this situation? It has been going on for 5 years and I have tried everything including ignoring the situation.

I explained the situation in full in my first thread, I explained threatening letters are coming to my address, I explained this information is appearing on my credit report regardless of what I do, so no, it isnt simply a matter of throwing these letters away. If not replying to these people and defaults and CCJ's appearing on my account had never happened then yes I would take great delight in throwing these letters away, but it is a little more complicated than that.

Thank you anyway for your sarcastic, pompous reply, I do feel so much better now.

Optimist

Sorry to read of your situation

I think you need to write them a letter informing them that they have the wrong person.

Put in your letter something to the effect that you are fully aware of OFT guidance on debt collectors and the only further correspondence from them you want in future is a acknowledgement that they have the wrong person and that no further attempts will then be made to contact you.

You might like to put in something to the effect that any further communication might be construed as harassment as defined in Section 1 of the Harassment Act which as I am sure they are aware is a criminal offence and a tort which gives you the right to claim damages from them.

If you want to show that you know your stuff refer them to the court of appeal decision in the case of Ferguson v British Gas 2009 EWCA civ 46.

Sorry haven't really he time to write a comprehensive letter for you but put the above in some sort of comprehensive English and send it to them.

The young lady in the reference was chased constantly by British Gas who ignored all her attempts at telling them that they had the wrong person so she sued. She was awarded undisclosed damages plus £10000 costs.

For future reference don't phone them make sure you have it all in writing. If they do keep it up I am sure you will be able to get a solicitor on a conditional fee arrangement as well as complaining to the FSA.

joannaspanner

Optimist wrote: »

Sorry to read of your situation

I think you need to write them a letter informing them that they have the wrong person.

Put in your letter something to the effect that you are fully aware of OFT guidance on debt collectors and the only further correspondence from them you want in future is a acknowledgement that they have the wrong person and that no further attempts will then be made to contact you.

You might like to put in something to the effect that any further communication might be construed as harassment as defined in Section 1 of the Harassment Act which as I am sure they are aware is a criminal offence and a tort which gives you the right to claim damages from them.

If you want to show that you know your stuff refer them to the court of appeal decision in the case of Ferguson v British Gas 2009 EWCA civ 46.

Sorry haven't really he time to write a comprehensive letter for you but put the above in some sort of comprehensive English and send it to them.

The young lady in the reference was chased constantly by British Gas who ignored all her attempts at telling them that they had the wrong person so she sued. She was awarded undisclosed damages plus £10000 costs.

For future reference don't phone them make sure you have it all in writing. If they do keep it up I am sure you will be able to get a solicitor on a conditional fee arrangement as well as complaining to the FSA.

Hi Optimist and thanks for your reply.

I've already written to them, I have an A4 file ( bulging!) from various debt collection companies containing their letters to my address and my replies....

The letter today I also emailed and copied in my contacts as Experian ( as I complained so umuch to them I actually have a couple of contacts there who to be honest have been very helpful and will hopefully sort it out)

My main anger is the fact you can sort one 'debt' out then another company writes about another debt, and due to data protection this data cannot be cross referenced so I can complain about one debt not being mine, I don't get chased again for it, but get chased for another one.... and as I said, what about my data protection? These scumbags are able to peruse my data no problem, yet I'm not allowed to ask them where they obtained my address due to 'data protection'- unbelievable..

Thanks very much for your reply and the information you have supplied me with, its much appreciated.

peachyprice

OP, have you asked the credit reference agencies to put a 'Note of Correction' on your credit file?

It goes at the top of the very first page and you can have it worded to the effect that you are not and have never had any financial connection to Julie H Smith DoB 22/06/10.

Anyone who searches your file will see it and know immediatley that you are not her. If they choose to ignore the NOC is would give you alot more ammo if you need to take them to court for harrassment.

There's some info here about it from Experian. but it's the same for all CRA's

http://www.experian.co.uk/consumer/faq/AR5.html

HTH

DVardysShadow

joannaspanner wrote: »

Hi Optimist and thanks for your reply.

I've already written to them, I have an A4 file ( bulging!) from various debt collection companies containing their letters to my address and my replies....

The letter today I also emailed and copied in my contacts as Experian ( as I complained so umuch to them I actually have a couple of contacts there who to be honest have been very helpful and will hopefully sort it out)

My main anger is the fact you can sort one 'debt' out then another company writes about another debt, and due to data protection this data cannot be cross referenced so I can complain about one debt not being mine, I don't get chased again for it, but get chased for another one.... and as I said, what about my data protection? These scumbags are able to peruse my data no problem, yet I'm not allowed to ask them where they obtained my address due to 'data protection'- unbelievable..

Thanks very much for your reply and the information you have supplied me with, its much appreciated.

Yes, I think your data is very much at issue here and I am wondering whether a friendly chat with the Information Commissioner's Office may yield some useful avenues. I know this matter stresses you, understandably, given the moronic 'computer says' nature of the on going harassment, so if you do contact them please try not to snap if at first they don't understand.

DVardysShadow

peachyprice wrote: »

OP, have you asked the credit reference agencies to put a 'Note of Correction' on your credit file?

It goes at the top of the very first page and you can have it worded to the effect that you are not and have never had any financial connection to Julie H Smith DoB 22/06/10.

Anyone who searches your file will see it and know immediatley that you are not her. If they choose to ignore the NOC is would give you alot more ammo if you need to take them to court for harrassment.

There's some info here about it from Experian. but it's the same for all CRA's

http://www.experian.co.uk/consumer/faq/AR5.html

HTH

There is a very horrid drawback to this otherwise excellent suggestion. On the Mortgages and Endowments forum there have been discussions which indicate that some lenders will effectively zero their internal credit score of anyone who has a NOC on their file.

wealdroam

joannaspanner wrote: »

I find your response extremely offensive as you seem to be implying I am some sort of idiot.

Do you really think I haven't tried simply ignoring this situation? It has been going on for 5 years and I have tried everything including ignoring the situation.

I explained the situation in full in my first thread, I explained threatening letters are coming to my address, I explained this information is appearing on my credit report regardless of what I do, so no, it isnt simply a matter of throwing these letters away. If not replying to these people and defaults and CCJ's appearing on my account had never happened then yes I would take great delight in throwing these letters away, but it is a little more complicated than that.

Thank you anyway for your sarcastic, pompous reply, I do feel so much better now.

You talk about me being offensive!

You tell us the credit reference agencies have corrected your files, so there isn't a problem there, is there?

Oh... I'll stop there... can't be bothered.