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RCFlyer

Telephone and Letter Harassment and its not even me!

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Hello Everyone,

I hope someone can help with my problem,

 

I have received a letter from C*B*T a couple of weeks ago which though it had my address on it, the name was not mine, it was for a MR J michael P where i am a Mr J Stephen P, so i didnt open it and sent it back to the address on the back stating that the this person did not live nor has ever lived at this address.

 

A week later I got a call from C*B*T on a Saturday afternoon, when a man asked a couple of questions which i answered no to and explained that i wasnt the right person.

 

Since then oh I had received another letter and 2/3 calls per day on my mobile from a number 'unknown' and 2 calls per day on my landline from a 'withheld', they left one answer message, also asking for a Mr J M P.

 

I don't want to ring them back, but would like some advise on what to do next and what to write in a letter if I should sent one.

 

I have no idea who this person is or the debts they are on about :-(

 

Thanks lots :-)

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Hi RC and welcome to CAG :)

If they persist, you could send them the "prove it" letter HERE

and perhaps incorprate the telephone harrassment letter too - see below.

Keep us informed and shout if you need any more help/info

All the best

Elsa x

Edited by Undercover-Elsa

PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Re Telephone Harrassment..

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Hi Elsa

I opened the last letter just to see what was in it :-)

and the letter says:

"Dear Mr P

Your Query

Your account has been referred to our Customer Relations Dept and we need some additional info from you so we can answer your query"

 

But ive never in my life queried or even got in contact with this company before :-(

And I was wondering if the 'prove it' letter may be to strong and give them the idea that im trying to hide something?

I just want them realise its not me and stop ring me :-(

RC x

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2u7t9g1.gif

 

Make a complaint to your local trading standards & the OFT with regards to their harassment and threats, they are in clear breach of OFT guidelines & CPUT ;

 

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/DebtCollectionComplaintForm.DOC

 

The Office of Fair Trading: Contact us

 

debtcollectionguidance@oft.gsi.gov.uk

 

 

tel: 020 7211 5823

 

The Office of Fair Trading: Debt collection practices

 

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


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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You shouldn't open letters not addressed to you. You should put RTS on the front and "Not at this Address" and stick them back in the postal system.

 

Also how could they not only have your address, your landline but also your mobile number?

Edited by eddieee

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Quite easily these days eddieee - they have access to all sorts of informeation about you that we can't access - or have to pay for - and chase anyone with the same names - even though they are not supposed to.

 

Greedy councils are to blame in the first place selling council tax records, and they are not always as accurate as they can be.

 

Telling somebody NOT to open a letter isn't really helpful, this forum is about empowering people, not belittling them.

 

Cabot are know to bend the rules and get away with it - by opening a letter and proving to them they have the wrong person a crime hasn't been committed - identity mixups are happening all the time due to DCAs eagerness to pin a debt on a debtor.

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Telling somebody NOT to open a letter isn't really helpful, this forum is about empowering people, not belittling them.

 

 

Actually I find your comment belittling. Why should the person stress themselves out reading what is obviously someone elses mail and someone elses debt. Either send it back unopended or chuck it in the bin. It's the telehone calls that are the problem that needs dealing with.

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It's not illegal to open someone elses mail if it is done without malicious intent, Eddieee. Check this thread...Ann Widdecombe did it LOL

Sillygirl1 is right, and a very experienced adviser on here, she was just pointing out that we don't pass judgement, we just give support.

The danger with letting these things slide without knowing what they are up to is that they can escalate if you don't nip them in the bud.

 

Elsa


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Going back to the real subject, with apologies for the diversion RCflyer..if you have a read through the Anne Widdecombe thread, there are some useful posts. She is actually being pursued for a debt that isn't hers, and is being (as you can imagine!) very vocal about it. It might be an idea to actually write to her saying you have a similar problem. The details are in the thread which starts here.

Elsa xx


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Hi all, this forum is excellent :-)

 

I have RTS these letters many times before,well 3 times now i think, really I opened this one just the see what the wording was, and I was worrying myself sick that they where going to come to the house or take me to court.

 

About the phone numbers and the address, surely they must know that i'm

MR J S P*******

and not

MR J M P******* who they are looking for???

 

RCFlyer :-)

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Write them a short sharp letter explaining they've got the wrong person and quote Furguson V British Gas Trading to them ;)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Maybe something on the lines of...

Dear Sirs,

I write in respect of the letters and phone calls I have been receiving from your company in respect of a debt claimed for a Mr xxx xxx xxx.

As this is not my name, and I am 100% positive that I do not owe any debt to yourselves or any other company, this is clearly a case of mistaken identity based on similar names. ( xxx is NOT my middle name)

I have taken legal advice on this and I would remind you that it is against OFT Debt Collection Guidelines to pursue a debt when you are not certain of the identity of the debtor. I would refer you to the case of Ferguson vs British Gas if you are in any doubt as to the seriousness of this breach.

Obviously you will also be aware that the onus is on the claimant to prove any debt, and the correct identity of the debtor, which as I am NOT the person you seek, you would clearly be unable to do.

In view of your persistance in this matter I am preparing a formal complaint to the OFT.

I am also concerned that you have invaded my privacy by obtaining my landline and mobile telephone numbers and wrongly linking them to this account and subjecting me to telephone harrassment.

I therefore require confirmation from you as to where you obtained this information, under what rights, with a view to a complaint to the Information Commissioners Office.

I would also be most grateful if you would write and confirm that this matter is now closed, and remove all my details from your system.

Yours faithfully

Mr xxx xxx

I would NOT tell them what your middle name actually is..don't give them any info you don't need to. Also, don't sign it..just hand print..they have been known to get creative with photoshop!:-o

Elsa xx


PLEASE NOTE... I AM MOST SORRY BUT I HAVE VERY LIMITED AVAILABILITY AT THE MOMENT DUE TO EXTREME PRESSURE OF WORK - IF YOU REQUIRE URGENT HELP ON YOUR THREAD AND ARE GETTING NO RESPONSE PLEASE HIT THE TRIANGLE FOR SITE TEAM ASSISTANCE. ELSA XXX

 

Please check out my BLOG for the quick guide to debt threats - it has all the info & letter template links you need to get started on your journey of TAKING CONTROL. :roll:

 

All opinions are my own based on research. I am not legally qualified, if in doubt please consult a legal expert.

Hope this has helped or made you smile. Keep your chin up, you're among friends now! Elsa xxx

Please click the *star* of any CAG member who has helped you .

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Quite easily these days eddieee - they have access to all sorts of informeation about you that we can't access - or have to pay for - and chase anyone with the same names - even though they are not supposed to.

 

like the thread,where the guy had only had the mobile for 3 days.

even family members had not been given the number

but cue the DCA:)

SAM


SAM:pLOWELL DETESTER.

 

SO PROUD OF MY AVATAR,THAT TOOK ME WEEKS TO WORK OUT HOW TO GET ONE.:lol:

 

PLZ CLICK MY SCALES IF YOU LIKE WHAT I SAY.

OR IF I HAVE HELPED IN ANY WAY.:smile:

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i think p'haps we need to get real here, it is only a diff of a middle name and they seem to have all his phone numbers etc etc. so there must be a link to an old debt or mobile phone a/c or something.

 

can you put your finger on what it might be about?

 

not saying you hold your hand up, as i bet its either statute barred or has some other error that will pervent them from actually doing anything about this alledged debt.

 

but i doubt this will go away, just get fwded on,

if it we're me i'd write asking for more info, then tackle it with help from cag.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks Elsa, I will send that letter and see what happens :-)

 

Surely DX once they have a name and an address, phone numbers are easy to obtain?

 

I just hope they don't start bombarding my employers trying to get hold of me, as I have had BT bar all withheld numbers from my landline and the same on my mobile.

 

The man who rang 2 weeks ago started talking about debts from 1997, they know that the debts are SB so why bother me so much when our names don't even match.

Its really getting me down and Im losing sleep worring what is going to happen next :-(

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Reading this thread I think UCE's letter is post 13 should do it. Perhaps you could ad the SB bit for good measure and link that to the fact they've revealed information to you that breaches the debt owner's confidentiality? My suggestion is:

Dear Sirs,

I write in respect of the letters and phone calls I have been receiving from your company in respect of a debt claimed for a Mr xxx xxx xxx that your agents have told me relate to a statute barred debt from 1997.

As this is not my name, and I am 100% positive that I do not owe any debt to yourselves or any other company, this is clearly a case of mistaken identity based on similar names. ( xxx is NOT my middle name)

I have taken legal advice on this and I would remind you that it is against OFT Debt Collection Guidelines to pursue a debt when you are not certain of the identity of the debtor. I would refer you to the case of Ferguson vs British Gas if you are in any doubt as to the seriousness of this breach.

Obviously you will also be aware that the onus is on the claimant to prove any debt, and the correct identity of the debtor, which as I am NOT the person you seek, you would clearly be unable to do.

In view of your persistance in this matter I am preparing a formal complaint to the OFT.

I am also concerned that you have invaded my privacy by obtaining my landline and mobile telephone numbers and wrongly linking them to this account and subjecting me to telephone harrassment.

I therefore require confirmation from you as to where you obtained this information, under what rights, with a view to a complaint to the Information Commissioners Office. It is also concerning that you have revealed data to me concerning the debt as this breaches the person's whose debt it is confidentiality.

I would also be most grateful if you would write and confirm that this matter is now closed, and remove all my details from your system.

Yours faithfully

Mr xxx xxx

 

Feel free to ignore of course!


:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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thx broke, will send that letter and see what they reply.

 

IS it worth looking at my credit file as I see they are advertising it for free at the mo.??

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yep i'd get your credit file good iddea

 

just cancel the CC you use for registration within 28days.

 

as for the phone numbers etc, + the mobile

 

just seems TOO much info for them just to be phishing.

 

as for the namesnotmatching

 

unless i'm missing the point, this is just a middle name we are talking about?

ie fred 'john' bloggs and you are fred 'michael' bloggs?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Beware of getting your CRA file as this tends to bring the nasties out from underneath their stones ;) Only get it if you don't mind the CRAs updating their records and notifying everyone and his uncle that you're looking at it ;)


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Beware of getting your CRA file as this tends to bring the nasties out from underneath their stones ;) Only get it if you don't mind the CRAs updating their records and notifying everyone and his uncle that you're looking at it ;)

Is that just the free credit report?

Is the £2 paper copy safe?

 

In this case, if there are no skeletons in the cupboard, it might be a good idea to check your Credit Record in case c*b*t have registered a default.

 

I can understand them having so many details - they won't be using the (few) details supplied by the OC, they found a person with a similar name, then got all of the numbers from whatever sources they have

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A lot of people have found that getting their credit report, which ever way, seems to kick start DCAs in to action :|


"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

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Hi Everyone,

Heres the update, sent the letter from a few posts back, a week ago, still get the odd call from C*B*T on my mobile, have got BT to block all WITHHELD numbers from landline :-)

 

Today I got a letter saying (Still in the wrong (middle) name but i opened it by mistake thinkin it was for me):

Dear Mr *

We acknowledge that your above referenced acc is SB and so governed by the LA 1980. Under OFT guidelines it is accepted that legally the debt still exists but that collections of these debts must no way br contrary to sec 40(1) of the Admin of justice act 1970

 

whilst we dont consider our actions to have breached any law or reg guidline your account has been withdrawn from our regular collections process."

 

They still dont seem to understatnd that its not Me :-) but it does sound as they mite start to leave me alone :-)

What do you all think?? Is the last i'll hear from them??

RCFlyer

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You'll get another letter in six weeks time (or maybe a month) from another of their thinly disguised 'collection' companies.

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Im just going to ignore all phones calls an letters from any DCA fromthis day to the day I die, they can waste their time and money if they like, Im never going to worry about them all ever again :-)

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