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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience:  Over 5 years in practice
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I have falsly been harrassed by numerous banks etc regarding

Resolved Question:

I have falsly been harrassed by numerous banks etc regarding unpaid debts due to another person having the same name as me as well as the same date of birth, the only difference is our middle names. I lost all of my credit ratings, i was refused a morgage by my existing bank and have had health problems and personal problems with family over the persistant harrasment of banks, debt collectors, etc over a period of 18 months. I have proven my innocents on every occasion however the companies still persisted with new debt collectors. I had eventually got a dissociation to the mans name to my address, yet i am still having problems will new debts that he had occured. I must point out that there has been no identity fraud committed by the other person, he has just left previous debts and can not be found. Am i entitlted any compensation from these companies who have blackened my name and caused me major stress.

Yours faithfully,

Mr Andrew D Bell
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What financial loss have you suffered?
Customer: replied 2 years ago.
Hi Jo

My financial losses have been time of work and telephone calls.

Mainly problems with credit ratings, health and refusal of mortgage and harrasment . Will these issues gain me compensation ?

Kind regards

Andrew D Bell
Expert:  Jo C. replied 2 years ago.
No.

Did you have to accept a mortgage at a less advantageous rate of interest?
Customer: replied 2 years ago.
No, i could not go forward with the application due to having a one star credit rating which once was five star and with Andrew ***** *****s debts coming to my address i was unable to continue the application.


Thankyou
Expert:  Jo C. replied 2 years ago.
Thanks.

Can I just be clear about this. This was somebody else using your name that caused this? Rather than the banks pursuing you for no reason at all?
Customer: replied 2 years ago.

Andrew ***** ***** did not use my name. Mr Andrew ***** ***** just so happens to have the same date of birth 14/07/64 as myself. I am Mr Andrew Derek Belll, because they can not find Andrew ***** ***** and we have the same date of birth all corrispondents comes to my address along with Andrew ***** *****s debts. Therefore causing the problems that i have had.
Expert:  Jo C. replied 2 years ago.
Thanks.

That may well amount to negligence and so give rise to a claim. The difficulty is showing loss.

If you had suffered financial loss then it would be simple enough. For instance, if you had accepted a mortgage at a less advantageous rate etc.

The difficulty here is that you did not which was very sensible but nevertheless leaves you in this position.

You could still argue that you have been harassed. The old case law excluded debt collection activities but its fair to say that the law has extended out to include even lawful debt collection in some cases. The complication is quantifying your loss. It is of a form that is not capable of quanitifcation but it must be quantified in order to award compensation.

That said, if you were to sue then they may well offer something in the interests of good business and avoiding the loss of manpower.

Also, you can complain to the Financial Service Ombudsman who might well find in your favour although its not quick.

Can I clarify anything for you?

Jo
Customer: replied 2 years ago.
Thankyou for your reply

Do you think a small claims court with some clear evidence of what problems the banks etc have caused me would be on a smaller bases the best way for some small compensation?
Expert:  Jo C. replied 2 years ago.
You have to be really careful of issuing without a properly arguable claim.

You do have a claim. There isn't really a doubt over that.

What you need to address is loss. I suppose you could claim for telephone calls etc. That is a proper claim. Whether the Judge would award losses for the annoyance of being harassed is another matter.
Customer: replied 2 years ago.
So with not being able to get a mortgage application and health issuesif i have the appropriate paper work would this not be taken into considerationfor a claim.

Also do you think it was probably more hassel than what the financial gain would be and could i encure costs if not rewarded the case by the judge.

Thankyou for your help it has been very helpful and insighting.
Expert:  Jo C. replied 2 years ago.
No. Having to take a less advantageous deal is a loss.

Its more hassle for them to defend it than just settle. Whether its more hassle for you is another matter. In fairness, there is not much work involved. You just fill out a claim online and attend on the day.
Customer: replied 2 years ago.
I feel that the banks have been negligent in sourcing their information for Andrew ***** ***** when they have had all his existing bank details and addresses to presistantly keep getting it wrong by not properly getting their indormation right regarding his address as i have lived at my house for 10 years. And he has had plenty of other address.

I am 100% right and the banks and debt collectors have closed 95% of the cases this is because they realise they are wrong. What type of figure would be sensible to make it to much hassel for them to defend a lose cause.

Thankyou.
Expert:  Jo C. replied 2 years ago.
Yes, they have.

But you cannot just arrive at figures in that way. You have to show specific loss. So what is your loss and then seek that sum in compensation.
Customer: replied 2 years ago.
Thankyou very much for your help

Would you suggest i am better to write directly to their complaints department first to ask for compensation and if no joy then to take them to a small claims court. And to get paper work together showing any losses.

Will rate you excellent service!

Kind regards

***** *****
Expert:  Jo C. replied 2 years ago.
Yes, absolutely.

Write first and ask for an offer. Give them a clear deadline date and make clear you will sue in default.

If they do not then issue against them.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience: Over 5 years in practice
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