I am looking for advice.

[Thebhoy]

Hi everyone I have only just joined this forum having discovered it last night whilst trying to find info on ........Cabot Financial:mad:.

 

I am looking to tap into the wealth of knowledge and experience of the forum members in order to deal with my situation.

 

I do not have any debts and have never defaulted on any CC or loans etc.

 

My problem is that someone in an area approximately 350 miles from me has a similar name to my own but it is spelt differently but has the same date of birth.

 

For the past six or seven years I have been on the receiving end of DCA letters threatening all sorts of action and have routinely responded and informed them they have the wrong person - unfortunately this doesn't stop it immediately and it goes on for months with letters back and forth, credit files obtained etc.

 

When I have cleared it up with one DCA then a shot time later it re appears through another.

 

I have contacted various organisations, my MP and so on with them all telling me I am doing everything that they would have suggested yet it still goes on.

 

I now have two DCA onto me in January, February and March for this individuals debts and have informed them they have the wrong person.

One of them I had dealt with exactly the same people in 2006 for the same debt and eventually had a letter stating they had the wrong person yet sending copies of this to them still has had no effect.

 

Can I take these individual companies to court for harassment, Data Protection infringements , non compliance to various codes of conduct as I am not their client nor their client's client and they should not have access to my personal files?

 

Is there anything else anyone can suggest?

 

Any guidance would be gratefully appreciated.

 

Thebhoy

[lickthewallfatboy]

just off the top of my head,they are breaching the data processing legislation by sending you someone else's information,and sensitive information at that.

 

So I would definitely inform the Information Commissioner's Office as to each occasion you have received these-it is HIGHLY unfortunate that you find yourself in these circumstances,but that is no excuse.

 

That's just for a kick off.A nice fine for the DCA's should start things off the right way.....

[saintly_1]

Isnt it also against the OFT guidelines on debt collection ?

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

[Thebhoy]

Thanks for that info - I will look into it over the next couple of days when I get the chance and see how best to attack that.

 

I have had to have my credit files updated on numerous occasions to try and have links to this individuals addresses and debts removed from my own file.

 

The difference in name is that mine ends in E and his doesn't.

 

I had taken on a job in the finance industry in 2005 - got police checks etc - all ok then on MY first day was in a big meeting with UK and US heads, directors etc and my fellow AOM'S - good morning then Lunch - got hauled in with HR and the Board as my credit files had been received showing I had numerous CCJ's, umpteen unpaid debts and so on:o

Imagine having that thrown at you and having to explain your way out of it.

All linked to my files by various creditors as my details were nearly the same as their debtor.

 

It did'nt set me up very well for a future there.

 

Following letters in November 07 from yet another DCA I ordered further copies of my files to see they had been loaded on again.

Applied for a Barclaycard a few weeks after and was rejected (my first rejection) letter stated I should contact Experian and Equifax for my files as this would help me understand why I was rejected.

 

I so much want to get some payback.

 

Last letter received on 29TH Feb from one DCA - have until the 8th March to settle as they are no longer willing to communicate with me and will be going to court.

 

Nearly sent a reply telling them to F*** O** but thought I would end up getting done.

 

Have typed up a couple of drafts re-informing them that they have the wrong person - had considered mis spelling the recipients surname to see if they respond - like my own, one letter makes a difference.

 

Anyway, I look forward to your advice and thank you all for this,

 

Thebhoy

[lickthewallfatboy]

sounds very much to me like financial defamation on behalf of the DCA's.....

 

It might be a good idea to send all details to the Financial Ombudsman,who may even compensate you for the problems you have faced from these people-quite apart from the fact that each investigation begun by them costs the party involved £400 a throw.....

[Thebhoy]

Many thanks again for the suggestions.

 

What other 'bodies' should I write to?

 

Has anyone brought any cases against Experian or Equifax for storing and distributing false information under the Data Protection laws?

 

Could I have a case against ALL of the companies who have linked their debtor to my name and address and placed this on my files?

 

MP wasn't too much help - he wrote to a minister and forwarded copies of my first letter to him.

 

Following letters from Ruthbridge re Cabot and a conversation with Ruthbridge I had a meeting with the MP - gave him another letter from myself plus paperwork for the last two years - letters received, letters written, asked hime to contact some of the recent companies - it was three weeks ago and I haven't heard from him.

 

At the meeting he told me he has heard of various cases similar to mine - said he was aware that one person changed their name to stop it happening.

That says a lot about how sh** the laws are that not much could be done about it - or so I thought until I found this site.

 

Should I write to these companies again?

 

Should I just instigate complaints via the various bodies?

 

Should I write for copies of paperwork for these debts and, as they are someone elses, with a different name, if I am supplied with copies would that enable a case under Fata Protection breaches?

 

 

Any further suggestions would be very very welcome.

 

Thebhoy

[Thebhoy]

Update...

 

I have, today, received a letter from my MP, a letter from Gareth Thomas MP (Parliamentary Under Secretary of State) DFID / BERR and from Experian.

 

Will have to read through and consider repsonse and next action.

 

Still looking for some guidance from the members on whether I may have a case for Defamation / Libel against the companies that placed statements on my credit references stating I had unpaid debts / defaults with them when I wasn't even a customer of them.

 

Any advice?

[Thebhoy]

Just another thought....

 

As these companies are harassing me for debts belonging to someone else - currently Ruthbridge /Cabot and also Lowell,

 

If I apply for info via a CCA or SAR to each of them and they then provide info relating to the other individual would this be another nail in their coffin?

 

Thebhoy