Help Needed: Mistaken identity has lead to courts taking £1000+ from my account

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ldsfit
ldsfit Posts: 6 Forumite
edited 9 April 2018 at 12:56PM in Debt-free wannabe
Hi All,

I'm in need of some advice.

My employer recently sent me an email stating that HM Courts had ordered them to dock my salary for over £1000 due to unpaid train fares in 2008 and 2010. They have the wrong individual. The train journey's were made in East London at stations i have never been to. At the time, i was also a resident of Leicester. I queried the case with the court and i was informed by London Collections CC that letters of these fines were sent to "my address", which is an address in London i have never lived in. However, I am currently a Londoner now.

So the money has been deducted from my employer, leaving me short on cash. I have to pay my MSc university fee's (which i'm now unable to do) and now, despite informing the court of my innocence in this matter, i have been summoned to represent myself. Another annoyance is that my attendance in court is needed on the 27th April 2018, 6 days after i have abdominal surgery. My surgeon has instructed me to stay indoors for at least two weeks, but i have to attend this court hearing as it is in my "best interest" - so i'm told by a lady who works at the court.

I have obtained my bank statements from 2010 (that's as far as the mobile app is letting me go back) and i was working for a company at that time, in Leicester. However, i made no card payments in Leicester on that day. I am going in to the bank tomorrow to get my bank statements around 2008.

My credit rating is also in the mid 900's with no mention of this or any CCJ's (although i imagine they would have disappeared due to being more than 6 years old if i was "summoned to court in 2010").

Does anybody have any further advice for me on proving that this isn't me? I have spoken to Action Fraud who have said that if my credit rating isn't affected, it's a case of mistaken identity rather than a fraudulent one.

Any advice would be greatly appreciated.

Thanks!

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Hi there and welcome to MSE,


    As this is claimed to be a fare evasion, in London, it would've likely gone through the magistrates court, as opposed to the county court. In that case, the matter would be considered criminal and not civil and therefore not recorded on your credit file at all (irrespective of it's age).


    It sounds as though the money taken from your wage has been done under a deduction of earnings order, and this is done at a set percentage based on how much you earn (we have a table of this available online - https://www.nationaldebtline.org/EW/factsheets/Pages/magistratescourtfines/magistratescourtdebt.aspx).
    As this is causing other financial hardships, you should talk to your university about what has happened and what they can do to be flexible in this situation.

    I would suggest you get legal advice about what evidence you would need to supply to the court in this matter, and if there is anyway to re-arrange the hearing, especially if you can provide evidence of an exceptional situation. Unfortunately, if you cannot attend, it is less likely the situation will be ruled in your favour, so trying to get the hearing changed would be better, if possible. Good luck,


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • sourcrates
    sourcrates Posts: 28,953 Ambassador
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    Hi,

    Free Legal advice available form here :

    http://legalbeagles.info/forums/

    Good luck.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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