Debt that isn't mine and now I can't get a loan. HELP?!?

Tasha1892

I'm in a sticky situation so i'll start from the top.

Last May I received a letter for a company called Lowell saying that they had taken over my credit store card with Argos with a £486 debt. I had apparently taken out at my Grandad's address which I had lived in for a few months before he passed away.

I phoned them to say you must be mistaken, I have never had or intend to have a store card. They apologized and said maybe it had been a mistake and that they would re-trace the details they have, I also phoned argos to see if they had any details of this supposed store card. Unfortunatly they didnt have anything. So I then phoned Lowell back a few days later as I was quite worried, (of course you'd be worried if you had a letter come through the post stating that you owed someone money!) as before they said, forget about it its obviously the wrong person....So thats what I did.

Later that year around christmas time I recieved another letter saying the ame as the previous letter I had, Yet again I phoned them and they assured me that it had been a mistake. The address they have Is simular to my grandads, but is not correct but the same post code. Confused?!?!
Well yet again they said forget it, we'll take you off the list, I asked for a letter to confirm that the debt was not mine but wouldnt send me one, so yet again I'm left worrying.

Around May again this year I received another letter, Yet again I phoned them, I said this was getting ridiculous now? what am I suppose to do with this, they told me that after 3 mis-traces they wipe off the debt. And assured me that they would not be in contact with me again.

This month I have been looking at a loan to get a motorbike as I have passed my theory test, and CBT I'm taking my Mod 1 and Mod 2 later this month. I don't have the money for a motorbike so thought I would look at getting a loan of £3000 for one. It would be a double bonus because then at the age of 22 I could increase my credit rating for the future.

I've applied for loans with no luck, so I then decided to check my credit score (I do check but havn't recently) only to find Lowell on my credit report from 2008-present with default payment of the storecard. My Vodafone, Virgin and overdraft all have good ratings, not one late payment over the last 2 years.

Obviously I phoned Lowell, again stating that they will be taking me off there records.

Meanwhile I have been to my bank to see if I can get a loan off them, they said if it wasn't for Lowell I would be the perfect candidate.

I have been back in touch with Lowell and they have said about identity Fraud, but have then said that the store card was similar to my grandads address and that the items that were ordered from argos MUST have been delivered to the address and any paperwork statements. I was only at my grandad's house for a few months, why would I have taken out a store card at his address?!?

They are now investigating and it could be a "lengthy process" in my credit report there was also an address linked with Lowell and my Grandad's address that I don't recognize. I have highlighted it to say I don't recognize this address and the Lowell debt, and am awaiting a reply from my credit report rep.

I can't get a loan off my own back, I've been totally screwed over and there is absolutely nothing I can do about it. The only loan I can have is a Guarantor loan which my dad is happy to guarantor me, but with 49.9% APR!!! Seriously!?!

If there is anyone with any advise for me, as to what I should do, or loans (other than guarantor loans) would be greatly appreciated. Or if anyone else has been in this situation, It would be nice to hear from you too.

I'm at a loss, my hands are tied and I don't know what to do.

Thanks in advance ~Tasha

Elsewhere

Did your grandfather have any carers or home help visiting him regularly? Most of them are excellent, but sometimes there's a rotten apple... If you'd been living there they'd probably be able to see paperwork with your details, open an account and make sure they were there when deliveries were due.

Sounds cloak and dagger, but who knows?

vax2002

You made a very serious mistake when you started dialogue with the debt company.
If this was not your debt, you should have ignored them.
By "trying to do the right thing" you have given them joinder with this debt.

You need to send the debt company a "notice before action" letter instigating that you will be bringing a claim for harassment at the county court, place them on 14 days notice and set out that to avoid the case they will need to:
Remove any association with this debt of a "similar address"
Correct any credit files and place a marker of incorrect information on .
Consider an offer of compensation for the harm, alarm and distress that has been caused and make the offer in firm terms.
That failure to comply will be judge as flagrancy and continuation of the alarm and distress caused by the companies malicious and unlawful action in falsely connection your good name and reputation with the affairs of another person and that this action was malicious.
failure to respond will result in filing for damages under the protection of harassment act 1997.

Tasha1892

Elsewhere wrote: »

Did your grandfather have any carers or home help visiting him regularly? Most of them are excellent, but sometimes there's a rotten apple... If you'd been living there they'd probably be able to see paperwork with your details, open an account and make sure they were there when deliveries were due.

Sounds cloak and dagger, but who knows?

No he was in hospital for most of the months, I was just looking after the house whilst he wasn't there. I did have a few friends over, but don't think that they would do such a thing to me. Plus there was only me and my parents that had a key at the time, so the delivery would have been difficult =/ thanks for responding

Tasha1892

vax2002 wrote: »

You made a very serious mistake when you started dialogue with the debt company.
If this was not your debt, you should have ignored them.
By "trying to do the right thing" you have given them joinder with this debt.

You need to send the debt company a "notice before action" letter instigating that you will be bringing a claim for harassment at the county court, place them on 14 days notice and set out that to avoid the case they will need to:
Remove any association with this debt of a "similar address"
Correct any credit files and place a marker of incorrect information on .
Consider an offer of compensation for the harm, alarm and distress that has been caused and make the offer in firm terms.
That failure to comply will be judge as flagrancy and continuation of the alarm and distress caused by the companies malicious and unlawful action in falsely connection your good name and reputation with the affairs of another person and that this action was malicious.
failure to respond will result in filing for damages under the protection of harassment act 1997.

Thank you so much, I'll start typing it up now.
Can't thank you enough

DCFC79

You say store card so money was spent/items bought so couldn't argos track the person via the address used to send the items too.

laurel7172

Do you know they were delivered?

Could it have been reserve and collect or store purchases? That way they'd need a lot less access to your grandad's house. Maybe none, if it's possible to open and use an account purely online.

chesky369

You say you called Argos and they had no record - that would be patently untrue since they are bound to keep records longer than four years. You just got someone who couldn't be bothered to look properly. I suggest you write to their Head Office (recorded delivery) requesting the relevant material and give them a deadline.

DCFC79

laurel7172 wrote: »

Do you know they were delivered?

Could it have been reserve and collect or store purchases? That way they'd need a lot less access to your grandad's house. Maybe none, if it's possible to open and use an account purely online.

Yep forgot about reserve and collect option and buying instore

ALIBOBSY

NEVER call debt collectors they lie, cheat, threaten and basically BS on the phone. They don't give a monkeys who pays up even if its not the right person. There have been many cases come to light where people (espcially those who are older or vunerable) have paid up even tho its not their debt just because they panic or are scared. Everthing in writing from now on unless you can record the calls.

I would take a look over on the CAG forum where people have sued debt collectors for putting incorrect information on their credit file. My understanding is as the previous poster says you can sue for damages and as I understand it can be awarded 5k per event you can show you lost out due to their miss information.

I would also write to the debt reference agency, be very firm and point out you have already raised this with lowell, but they should be aware you hold them also responsible for the not ensuring the information is correct. Normally the debt ref agencies are awkward about removing info, and you may have to fight it out long term-consider complaints to the FSA and the data protection ombudsman. Short term equifax et al will often remove the entry whilst it is looked into. This may give you the chance to get your loan sorted.

Ali x

Tasha1892

chesky369 wrote: »

You say you called Argos and they had no record - that would be patently untrue since they are bound to keep records longer than four years. You just got someone who couldn't be bothered to look properly. I suggest you write to their Head Office (recorded delivery) requesting the relevant material and give them a deadline.

Hi Thank you for your reply, When I phoned Lowell they said that the store card was taking out in Sept 2008, so maybe they have been disposed of? I've just tried to phone Argos head office but as I thought they were closed. I'm going to give them a call first thing in the morning. Thanks again