• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Re: Charging order on Mistaken Identity

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Re: Charging order on Mistaken Identity

    Hi Guys,

    I am new to the forum and i need some advice or guidance on how to tackle an issue
    Shoosmiths acting for HSBC have recently secured an interim charging order for an debt of £1950 on my property.

    From my telephone call to them Thurs debt is an overdraft for an account opened in 2008 which defaulted in 2011.
    They secured a default order from a county court in Nov 2016.

    The account is not mine.
    The name on it is similar to my middle name but it is not my first name as on my passport.
    The date of birth is the same.
    I have lived at my address for over 10 years and there is no way such an account would have been here without my knowledge.

    I got a letter from debt agency about two years back demanding money for a debt that i know is not mine, i called them to stop sending me such some stopped but somecontinued, so i just ignored their communications.

    Shoosmiths claims i am the debtor on the charging order suggesting i used my middle name as an alias but i know this debt is not mine neither is the account. i have sent them a scan copy of my passport last week and i noticed they did a search on my credit file after receiving it.

    Possibilites are someone stole my identity or someway the debt collectors have linked me to the debt because of similarities.
    I have had cases of lost passport years back but i don't think it possible for someone to use my id to open an account at my address without my knowledge, because that is what shoosmith has said.

    I would like to know what the best line of action is, i can't be defending a debt that is not mine, i thought its better to ignore it, but now that they have a charge on my property how do i reverse it or challenge it.

    I have tried reporting a case of identity theft in the past, but without details of the account and activities on which the fraud is committed i couldn't proceed, police need something to act on or investigate and debt agent failed to supply since i said account was not mine (some to do with data confidentiality).

    i have attached the scan of letters received so far and hope you'll guide me through challenging the charging order which has to be done in 14 days or so.

    Thanks
    Attached Files
    Tags: None

  • #2
    Re: Charging order on Mistaken Identity

    I expect the first step might be to make an Application to set aside the CCJ (Default Judgment) from November 2016.

    If there's no CCJ there can be no Charging Order.

    Di

    Comment


    • #3
      Re: Charging order on Mistaken Identity

      Hi Diana

      Thanks for that input, however I have a few days to respond or challenge an interim charging order.

      Which way should I go? Should I ignore the interim charging order which may be permanent in 4 weeks and just start a process to challenge the default order.

      My reservation is since it is not my debt why should I challenge it?
      Is it not better to make my case that this is a mistaken association, created by overzealous debt collectors?
      The debt or no record of such an account shows up on my credit yet they suggest it is mine.

      If you think I should challenge i default order, can you guide me on how to proceed?
      is there also a letter I can send to shoosmith to let them know they are barking up the wrong tree?

      Thanks

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X