Default that isnt mine appears on my record ?

Beldin32

Hi

Back in 2004, a debt was taken out in my name on an address that i had lived at 6 months before. I knew nothing about this debt.

In 2007 the debt was formally marked as defaulted .. but never appeared on my credit file, as I had checked.

In late 2009 I got contacted by Apex Credit chasing the debt. I refused to acknowledge the debt, and demanded proof, ie signed paperwork. They could not provide any information, indeed they didnt even know what the debt was for, and of course neither did I. They even tried a few tricks such as asking for 5 copies of my signature .. to "prove" the debt was mine .. even though they had told me they had no paperwork .. i wasnt stupid .. they got nothing.

They harassed me for a year, and despite multiple letters, they refused to send me any details of the debt. Eventually .. the debt appeared on my credit reports as a default .. at which point i called the police, registered a crime number and contacted APEX to point this out, and requested the default be removed from my credit record.

They agreed. It was removed in November 2011, and i checked my credit reports across all agencies.

As I dont have a lot of credit due to past problems in the 90s, i dont check my credit report that often .. maybe once a year if that ..

I recently tried to get a mortgage .. and was refused as i had a default on my account ..

So i checked my credit report .. and lo and behold the Apex default is back on all my credit reports listed as a default ..

I have never acknowledged the debt, never made a payment, and they have never provided a single item of proof with regard to this .. And i have even gone to the police and got a crime number for a case of fraud for the tenant that followed me in the house .. even if the police have done nothing since .. but still APEX can totally stuff my credit record ? How is this legally possible and where can i go from here ?

Any advice please ?

The default was listed as live from 22 December 2007, so as i understand it, it should come off my record anyway on or about the same time this year, but thats not the point ..

fermi

Well, add a dispute on the default via whatever CRA it appears on and add a notice of correction if they will let you.

At the same time again demand that Apex remove the false information, telling them that if they do not then you will be talking the matter to both the FOS and the ICO, and will also be considering further action to enforce removal and possible redress.

Tixy

This bit

, and requested the default be removed from my credit record.

They agreed. It was removed in November 2011, and i checked my credit reports across all agencies.

How did they agree? did they write to you to confirm they accepted it was not your debt? do you still have a copy of any paperwork?

You'll need to write to them again and remind them of your previous correspondance and that you require them to remove the entry from your credit file again.

In the meantime you could consider adding a notice of correction to your file to state that the account relates to identity fraud and is not your debt.