Debt - Mistaken Identity Issue - please help me

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  • vax2002
    vax2002 Posts: 7,187 Forumite
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    You will need, a published announcement in a newspaper and several copies.
    A sworn affidavit.
    A letter from a Solicitor.
    To be sent to each.
    Then a official warning of "notice of harassment" from a solicitor to each company requesting a undertaking to put right any harm or distress caused within a set time limit or begin legal action, the solicitor will instruct you that they threats of court action will have to be robust with a strict deadline for action and only deferred by issue of an undertaking by the companies involved solicitors.

    Once they have this, they will either put it right or let you sue them.

    In the meantime do NOT open any more letters that are not in your name, if a letter is addressed in CAPITALS it requires representation, open it and reply and you greatly weaken your position.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • joannaspanner
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    Thanks for your advice Vax2002
    '' Ok Marge, if anyone asks, you require 24-hour nursing care; Lisa's a clergyman; Maggie is seven people and Bart was wounded in Vietnam ''
  • joannaspanner
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    lol, the Lowell Group have just called me asking for this woman, I spoke to them yesterday about this and they said it wouldn't happen again, doesn't help when you have to deal with companies like this.
    '' Ok Marge, if anyone asks, you require 24-hour nursing care; Lisa's a clergyman; Maggie is seven people and Bart was wounded in Vietnam ''
  • mikey72
    mikey72 Posts: 14,680 Forumite
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    Thanks for your advice Vax2002

    I'd get an opinion off the CAB rep first.
  • joannaspanner
    joannaspanner Posts: 614 Forumite
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    mikey72 wrote: »
    I'd get an opinion off the CAB rep first.

    doesn't look like one is forthcoming !
    :(
    '' Ok Marge, if anyone asks, you require 24-hour nursing care; Lisa's a clergyman; Maggie is seven people and Bart was wounded in Vietnam ''
  • RuthnJasper
    RuthnJasper Posts: 4,032 Forumite
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    Hi Joanna,

    I'm ever so sorry to hear that you are having this sort of problem. I can understand why you feel so frustrated and let-down. I've had a similar issue in the past - I have been mistaken for another resident in my street with the same surname and first initial as me. Alas, I am a single young lady and HE is a man in late middle age with children by various mothers all over the place and a rather unsavoury reputation :eek: Until I managed to convince people that I AM a young woman and am NOT a man named Roy I was getting some extremely unpleasant calls. :(

    But my situation was nothing compared to yours - I really hope that you are able to sort things out very soon.

    I can't really offer any advice better than that already given, but I thought you might like a bit of a smile - here's an MSE thread describing how another poster dealt with a similar issue...: http://forums.moneysavingexpert.com/showthread.php?t=741653

    Best wishes. xx
  • joannaspanner
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    Hi Joanna,

    I'm ever so sorry to hear that you are having this sort of problem. I can understand why you feel so frustrated and let-down. I've had a similar issue in the past - I have been mistaken for another resident in my street with the same surname and first initial as me. Alas, I am a single young lady and HE is a man in late middle age with children by various mothers all over the place and a rather unsavoury reputation :eek: Until I managed to convince people that I AM a young woman and am NOT a man named Roy I was getting some extremely unpleasant calls. :(

    But my situation was nothing compared to yours - I really hope that you are able to sort things out very soon.

    I can't really offer any advice better than that already given, but I thought you might like a bit of a smile - here's an MSE thread describing how another poster dealt with a similar issue...: http://forums.moneysavingexpert.com/showthread.php?t=741653

    Best wishes. xx


    Hiya, and thanks for the kind words, Roy ;)

    That thread is great, gonna keep reading it throughout the day, very funny ! xx
    '' Ok Marge, if anyone asks, you require 24-hour nursing care; Lisa's a clergyman; Maggie is seven people and Bart was wounded in Vietnam ''
  • Cate1976
    Cate1976 Posts: 406 Forumite
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    I can't remember the name of the act but one of the acts relating to finance says that you cannot be held liable for someone elses debt.

    Wescot tried to get me 9 years ago for a debt someone with same surname but different first name to me. I told a friend of mine about it and he gave me the names of 2 acts, the first one being the main one and the second for if they persisted. It took a few phone calls and the last call was answered by someone who had the sense to ask of I'd lived in a street I hadn't heard of.

    OP: I think in your situation I'd be hitting all the companies hassling you with everything possible, CAB or after 5 years I'd be considering going to see a solicitor preferably one who does the initial consultation for free or low price.
  • vulcan1964
    vulcan1964 Posts: 1,132 Forumite
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    "I complain about each individual company to the Credit Services Association, I have complained to the Information Commisioner who was useless, and I have just got off the phone to the Financial Ombudsman who basically said they cannot help as they can only deal with individual cases."

    I would also consider tacking all my letters and corespondence to see my local MP.

    A letter from a MP holds alot of clout in these matters.
    Politics is the art of looking for trouble, finding it
    everywhere, diagnosing it incorrectly and applying the wrong remedies.
    Groucho Marx


  • CAB_Swansea_Bay_representative
    CAB_Swansea_Bay_representative Posts: 287 Organisation Representative
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    Hi Joannaspanner, thanks for your query regarding debt identity issue.

    I can understand how frustrated you must be with this and I would normally suggest doing exactly what you have been doing in sending back letters to sender stating addressee not at this address but I think with the issues you have had and the credit reference problems this would not resolve the problem. I would suggest you write once more to all the creditors with the background of the mistaken identity and clearly mark as a complaint and ask them not to contact you again and remove all your details from their records and pass on the details of the letter to any other debt collection agency they pass the debt on to and you would consider any further contact to be harrassment and will be taking action. If they do not respond or you are unhappy with the response or they continue to contact you then you would have to complain to the Financial Ombudsmand Service who can look into individual complaints which is what you would be making. If any creditor contacts you by telephone you need to explain this is a case of mistaken identity, that they harvested your telephone number when you contacted them previously and you have not given them permission to contact you via telephone and ask them to remove your telephone number from their system and record who and when you spoke to them.
    Hope this is of assistance.
    Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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