What identification is needed by law?

bigdog1

New Member
Jan 29, 2009
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Hi

I really need to find out what identification needs to be legally kept by a credit company. What do they have to take from me as proof of ID? What do they need to keep on record and for how long in the case that they need to contact me about arrears?

The problem that we have is that the debt collection company is claiming that we owe money and we don't recognise the company that they claim to be collecting for. We've requested a copy of the identification provided when credit obtained so that we can acertain that the credit was obtained by someone else and then the identification can be passed to the police.

Any help would be great.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
The best thing to do I think would be to get hold of your credit report. You can access these online for about £10 or you can order it by post for the statutory fee - I think it is £3

The main company is Experian, Equifax and CallCrecredit - have a look at this post:
Accessing your Credit File | Consumer Information

Good luck

Tony
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
Another alternative would be to send the company a Subject Access Request under the data protection act, they must provide you with all the information they hold on file, you can send this to the original creditor or to the DCA if they have bought the debt.

The information they send should include the application and all statements of account,they have 40 days to provide this info,

You may receive the information requested or you may never hear from them again but you need to complain to the ICO (Information Commissioner) if they don't respond because they are breaking the law.

Depending on the type of contract, you can also request a copy of your signed credit agreement under the Consumer Credit Act, I think that one costs a quid.

Always send your letters recorded delivery!!!
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
Good point Witch Consumer, I think they can charge a £10 fee for a subject access request.

Though I am not sure about complaining to the ICO - they are pretty toothless.

I think the fact that companies cannot produce signed credit agreements has led to them being unenforceable and the debt not having to be paid back.

Tony
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
Yeah thanks Tony, there is a statutory £10 payment for a AR letter, Bigdog if you need a standard letter, I have one, just give me a shout.

As far as the ICO are concerned, yes they are pretty toothless but this is one of the complaints they deal with efficiently (probably through so much experience) and results in a nice fine for the company.

I have a bit of a problem with unenforceable debts from CCA requests because I think the issue has now been dealt with by a court and personally I don't agree with squirming out of a debt you know you owe, although Bigdogs case is obviously different and the debt has to be proved. I've heard some pretty awful stories about debt collectors using current occupiers to collect others debts or even making up info if they don't have it to hand!!!
 

bigdog1

New Member
Jan 29, 2009
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this debt doesnt show on our credit ratings and we have no idea who these people are. They won't tell us where it originally came from or whether any id was even provided. We just cant get any simple answers and its really frustrating. Especially as it isn't our debt and these people are hounding us.

We're really not sure how to carry on forward as we cannot hand out money to get print outs that may not even show the information we need. Are there really no hard and set laws of how to identify people and how this is handled with debt collection agencies?
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Just a thought the debt could be a parking ticket or a library fine that would not show up on your credit rating report.

If you know the name of the company you can do a Subject Access Request, as Witch Consumer suggests, asking to see every e-mail, and letter about you and your case. They can only charge a maximum of £10 for this.

There is a form you can complete on the OFT's website if you want to complain about debt collectors:

The Office of Fair Trading: Debt collection practices

I hope this helps

Tony