'I was pursued by a debt collector for money I've never owed': what to do if you're a victim of mistaken identity
Receiving letters and calls from a debt collector is likely to set alarm bells ringing. While they have limited powers to pursue the debt, they’re experts in making you feel pressured to pay up. But what can you do if you know the debt isn’t yours?
There can be many reasons for mistaken identity, from businesses failing to do their due dilligence to technical issues, identity theft or simply being unfortunate enough to have the the same name as someone who owes money.
Here, we speak to readers who've been chased for debts in cases of mistaken identity, and offer advice on what to do if you're wrongly pursued.
‘I’ve had the wrong data on my credit report for seven years’
Whenever Kalie Woolley from Birstall notices incorrect information on her credit report, she contacts the relevant companies and credit reference agency (CRA) and the data is removed.
Kalie has been stuck in this cycle for seven years because she has been repeatedly mixed up with someone with the same surname and date of birth. This has led to her being chased by debt collectors for money she doesn't owe - including debts for phone bills, insurance premiums and car finance agreements.
Kevin Mitchell from London experienced a similar problem when he was repeatedly contacted by the debt collector LCS about a debt that had nothing to do with him.
When Which? contacted LCS, it told us it had Kevin’s landline phone number in its system, but not under his name. It confirmed that it probably had the wrong number and removed him from the list.
Kevin then began receiving calls from LCS to his mobile. LCS said it received Kevin’s number from a company it was collecting a debt on behalf of, though it still isn’t clear how this mix-up happened in the first place.
Credit report errors
Mistaken identity can negatively affect your credit score and even lead to court orders if unpaid debts are registered in your name.
If you notice incorrect information or companies that you don’t hold an account with on your credit report, contact the CRA to open a dispute and correct your data. You have a right to do this under the Consumer Credit (Credit Reference Agency) Regulations 2000. After a complaint, the CRA must get back to you within a month.
The CRA should contact the relelevant companies on your behalf, but you can also contact them directly and let them know that they hold incorrect data on you.
If you’re curious about what information a company has about you, you can make a free subject access request (SAR). You have a legal right to do this under the Data Protection Act 2018. You can make the request by emailing or writing to the company.
Your rights regarding debts that you don’t owe
If a debt collection agency is wrongly pursuing you for, you should contact it in the first instance to explain the situation. If your complaint doesn’t lead to a satisfactory outcome, you can escalate it to the Financial Ombudsman.
Before taking action, consider whether the debt in question could in any way be related to you, for example if you acted as a guarantor for someone and they have defaulted, or a former partner you're financially linked to owes money.
Creditors shouldn’t harass you regarding debts. Some examples of harassment include contacting you several times a day, calling you early in the morning and late at night and messaging you on social media. Harrassment also includes pressuring you to sell your home or take out more credit, using more than one debt collector to contact you and not informing you if the debt has been passed on to a debt collection agency.
If you experience harassment, make sure to keep any evidence of the events and complain to the creditor. Complaints can also be escalated to the creditors’ regulating body.
If a debt wrongly addressed to you has been escalated to bailiffs, you should let the bailiffs know that you are currently disputing the debt. They shouldn’t visit you while an investigation is ongoing.
