can someone help please, abit of a weird situation

shortcrust

kelevraz wrote: »

but if thats the case then it must mean they made a mistake, how would they have been able to give a contract to someone who doesnt exist in real life? technicially he doesnt even exist on paper,

That's just blaming the victim. Companies are allowed to believe what someone puts down on an application form! From one perspective they've made a mistake in that they trusted the info you dad provided, but they're not in the wrong.

kelevraz

Dabooka wrote: »

After ploughing through your posts (which are quite hard to read with your zealous use of commas) it looks like a simple choice of either settling the bill and living with it, or pursuing the fraud against your father. I can't see any other possible outcome.

Best of luck.

okay but what im saying is..

if i can prove to the company, and to the credit agency, that i am NOT, the person that this is over, is that where it ends for me personally. i dont think that its my responsibility to prove who it is, i THINK, that all i have to prove is, that its not me personally. and i THINK, that should be enough for them to have to take it off? << and technically, like i said, that doesnt have to be before they start asking me who it actually is, i can simply send photocard evidence of who i am and write the rest as it needs to be wrote.

sorry about the commas lol

kelevraz

shortcrust wrote: »

That's just blaming the victim. Companies are allowed to believe what someone puts down on an application form! From one perspective they've made a mistake in that they trusted the info you dad provided, but they're not in the wrong.

oooooh, blaming the victim, ive heard of that being used legally before, is that legal terminology you just said or assumption? i said to him theyre not going to just let you get off with it because of what you put on the application (mind you it was done over the phone).

and i think what you said made sense, they made a mistake but their not in the wrong, i think i get too caught up on the idea that if they made a mistake they wont be able to do anything

shortcrust

kelevraz wrote: »

okay but what im saying is..

if i can prove to the company, and to the credit agency, that i am NOT, the person that this is over, is that where it ends for me personally. i dont think that its my responsibility to prove who it is, i THINK, that all i have to prove is, that its not me personally. and i THINK, that should be enough for them to have to take it off? << and technically, like i said, that doesnt have to be before they start asking me who it actually is, i can simply send photocard evidence of who i am and write the rest as it needs to be wrote.

sorry about the commas lol

I don't think it's that simple. First off, they'll wonder whether you're trying to pull something off. It's not uncommon for people to put incorrect info on credit apps in the belief they can walk away later on. They'll want to know what you've been doing with the letters they've been sending you - that looks dodgy. They'll want to know who else lives with you or has access to your post. In short, they'll investigate and they'll expect you to cooperate. You may end up wishing you left things as they were.

Dimey

Surely you don't need to get involved with your Dads little wheeze. You are not Thomas J Sawyer and don't have the same DOB so that credit score is not yours. Nothing to do with you.

Can't you ignore Thomas J Sawyer and get your own credit reference opened - all clean and fresh in your real name and real DOB.

ILW

How much is the disputed amount?

kelevraz

ILW wrote: »

How much is the disputed amount?

something like £158 from the phone company

ValHaller

kelevraz wrote: »

something like £158 from the phone company

Give it to your !!!! of a father, make him pay it and 'fess up what he has done. Don't pay it off yourself.

kelevraz

just thought id give an update to anyone who is interested,

i sent the same letter to experian and the phone company telling them the facts, being

- i was 15 when this contract was made
- its not me they are looking for

i sent them both a photoid copy of my passport and driving liscence, and the response i got from experian was - the phone company have told us the information we have is correct, but the phone company then said - we have not sent any information regarding the account to YOUR credit file so contact them (which is pointless as they wont remove anything without permission), and since i didnt know what do, i sent them another copy of both of the others replies, so they can both know that one of them is wrong, i HOPE, it will be sorted in the next few weeks

now onto my dad and the most recent question i have :

is there a law, or section of law or whatever, that states that if HE is the one that has been paying for the contract for a certain amount of time, then regardless of who was physically using the contract, he is obligated to pay the rest?

i mentioned before that i thought he would try some cockamamy stunt. and he is planning to, his plan is to tell them that the person they are looking for was infact a relative that lived with us and has now been deported. we did have a relative that was deported, but this was almost 6 years ago, not 4 months ago when payments stopped, so ive already told him straight off the bat that his story just wont add up. i dont know how much efforts the company will go through to find out how true this is, BUT, the argument that ive been having with him is that - i am convinced, that once they look at the details and establish that it is him that has been paying for all those years, EVEN IF, they believe his story, they can still turn around and say

'well, youve been paying it for X years, so whether you like it or not, its your obligation to pay it' - ofcourse if he had been paying by cheque or something like that id say he has a leg to stand on, but its been the same account, straight from the bank

izools

Reading the initial post it seems you've found out what I was going to say.

The issue isn't with the phone company, it's with the credit reference agencies matching data that clearly isn't yours, to your credit file.

Experian KNOW you aren't Thomas J Sawyer.

Experian KNOW you weren't born in 1965.

Therefore, they KNOW this account ISN'T YOURS.

The are suggesting they need the mobile operator's permission to remove the data, that isn't correct. The data the mobile operator are sending to Experian, is accurate, what isn't accurate is Experian matching it to YOUR credit file.

I suggest writing a formal complaint to them explaining this - they need to know nothing of what your dad did - just that they've mismatched someone else's account to your credit file and they need to unmatch it - and if they don't - you should refer the issue to the ICO.

Good luck! :beer: