Not My Loan! Debtors Letter - Help!

sassybird

Have just got back from a weeks caravanning holiday with the kids to find a letter from a 'recovery service' that is asking for immediate payment of £3639.51. Their client is a student loan company.

The letter is addressed to Mr B*** (same surname as my better half) but the first and second names are wrong, my hubby's initial is J and the letter is addressed to Michael Howard B***.

The letter states to reply by phoning within 7 days (0870 number - premium rate) - letter dated 27 May. I'm going to write to them tomorrow and attach a copy of their letter to it.

I don't want to get a bad credit score against my address. I've lived here for 14 years and don't know anybody with this geezer's name.

I would be grateful for any advice/pointers so I can cover all the aspects I should in my letter.

Jeez - having your own bills is bad enough without copping for somebody else's!! :eek:

waterbaby

Send the letter by recorded delivery, to make sure that they have got it, and to make sure that they can't say they haven't got it.

Also I would make it clear that you addressed the issue as soon as you were aware of it.

Personally I would state that I do not phone 0870 numbers, and ask them to provide an alternative number if they wish me to phone them. But that's just me, making a point.

Good luck, it can't be a nice welcome home!

Xbigman

Get copies of your credit record too. Check that you haven't become linked to the real debtor. If you have let the credit reference agency know your are not involved.
Regards



X

newfoundglory

I would recommend you take a polite, but somewhat forceful approach in this letter.

A. Explain that this has nothing to do with you, and point out to them that they are confusing you with another person of a similar name (your other half should write/sign this letter).

B. You could point out to them that by doing this they are in breach of the Data Protection Act, the principles 3 and 4 (to summarise, basically states data must be relevant, and data must also be accurate). Its clearly not in this case, thus this company is in breach of the DPA.

C. Ask for a written response from them within a given time period (say, 14 days)... tell them that unless you recieve a respose and a solution within this time period, you will have no choice but to contact the Information Commissioner and ask for this case to be assessed.

Technically, if this has caused you distress or financial loss, this is covered for under the Data Protection Act 1998 too. You could point out to them that you reserve your right to contact them regarding suitable compensation if this applies to you (which by the sounds of it probably doesnt). This probably applies more if they keep hastling you, or you have problems obtaining credit because of it affecting your credit file (but unlikely given the recent changes at credit reference agencies).

Ideally, you should address any letter which deals with data protection issues to the Data Protection Manager (every company will have one of these!). You should definitely send it recorded delivery, and a letter such as this will more than likely fix the problem very quickly.

Bossyboots

Agree with newfoundglory except point 1. I wouldn't even say that they are confusing you with someone else, simply say that no-one of the name on the letter lives at your address and has never done so. (Assuming that last bit is true).

pug_in_a_bed

I actually recieved a phone call from a local community credit union, despite being exdirectory, inquiring about a loan taken out by someone with the same name as me. Needless to say, I was very annoyed and although they were apologetic, I couldn't nuderstand how they got my phone number!