Advice needed PLEASE!Harrasment over a mobile phone debt thats NOT mine.

[JonJon77]

Yes thats what I thought, if they held any info at all.... they could provide it via the name and address details.

Thanks Godmother.

[The GodMother]

I never provided anybody with account details in relation to my parter or myself when asking for a subject acess request. No other company that l asked for the info from had a problem with it.

 

I would write back to the data protection officer advisng you cant provide a account number or mobile number for this because O2 or there collecters have never given you a number but the phone was allegedly in your name and as result from that the name and address you should be able to provide me all information you have in relation to this debt.

 

Also just looking at the ICO website there is nothing there to say you have to give a acc number to the company.

[HadEnough]

and remind them that the clocks still ticking;)

[The GodMother]

oh deffo remind them

[JonJon77]

There was an e-mail address for the data controller at O2, so I emailed him today and gave the ref number which was quoted on the Fredricksons letter.....and he has emailed back saying he has now found some details on that account and if I return the letter and payment, he will send out the details.

Will post tomorrow....and email him back to say its been sent and could he deal with it ASAP, as clock ticking.....

[DonkeyB]

Will be interesting to see what it brings...

[Bigdebtor]

Someone mentioned involving the useless FOS earlier. Given it's an O2 mobile account dispute shouldn't Ofcom be involved too?

 

BD

[babybear39]

Yes.

[Helios]

You can ask Telecommunications Ombudsman to look into your complaint with o2.

 

Office of the Telecommunications Ombudsman - Home

[JonJon77]

Hi all.....its been a month since my last post....and hooray it arrived today...the SAR from O2.

As you know the account was opened in my daughters name....using her drivers licence as ID and her address.....there isnt an awful lot of info, just a few pages but it does show transcripts of calls ... "customer phoned to say HE wanted to change HIS tariff".....and "HE called to add international calls to HIS bundle".....all the calls to customer service are by HIM, they do not have any signed agreement as I said before, this has been confirmed.

There has been no more correspondance from the debt collecton agencies or solicitors.

And I have waited for over 2 months for the SAR as you know , because the first time I sent off for it they couldnt find any details because I hadnt given them the mobile phone number , so I had to resend quoting a ref no on the debt collection letter.

So, time to get this sorted once and for all.

Helios, thanks for the link above.

[The GodMother]

Hmmm so there is no eveindece the account is hers and everything says him.

 

They could argue its a error but if there is more than one error than l would say they are in the wrong.

[JonJon77]

Its been a few weeks since my last post.....its been a busy time, been away on holiday, then sadly lost a close family member suddenly and lots going on in general so this has all been on a back burner for a few weeks since recieving the SAR and Freds saying they were no longer persuing the matter.

Then today a new letter with the threat of a doorstep visit ( just what we needed after a family funeral....)...the letter is headed Meritforce Doorstep Collection Agents, who say they are collecting on behalf of MacKenzie Hall Limited....and "someone will be calling around to pay me a visit in the next 10 days , unless a payment is made before 23rd August".

 

Just an update as to where I stand with all this at the mo....

After getting the SAR.....which refers to HIM constantly...and HIS contract.

 

I also reported Freds to the ICO for sending me someone elses details just as Cerberusalert told me to, and they are writing to them about the breach.

 

I contacted the Chief Exec. of O2 as was advised to do and I have actually had a reply not directly from him but from his office and they have asked for a contact number and convenient time to call me to discuss the matter, they added they would do all they can to help ( I very much hope so).....I have now given the contact details and expect a call tomorrow........any thoughts on how I should handle this?

[Bazooka Boo]

I am so sorry to hear of your loss, and it is only right that you have been able to put things in their persective and prioity.

 

Debts in relation to a family tradegy or loss most certainly are put on the back burners, and even afterards they can remain there, unless they are debt which could land you in jail.

 

As for your current progress, yes granted the CEO won't get involved directly with your dispute, but the sheer fact that you have contacted him will have this irritation sorted sooner than later, I thoroughly recommend speaking to them and explaining your position to them, they should be able to stamp out the inept and unneducated collection team.

[Bigdebtor]

On anotherthread it suggests charging these idiots £39 (which the banks etc. seem to think is fair) for every time you have to be involved to sort out THEIR mess. I know you will want to get this resolved PDQ since it is your daughter who is being wrongly accused and thus not want anything to delay this. However, if it continues you should respond to the next contact by telling them you will charge them £39 for each and every time you have to respond to their unsolicited contact - with charges backdated to the first instance when you had tpo get involved.

 

According to others they will ignore these charges - but if you go contact the CEO once it's over wth an invoice he might pa up. Alternatively you should go down the Small Claims route. They will pay rather than risk losing in court and getting the publicity which could set may others along the same route.

 

Good luck

 

BD

[JonJon77]

Hi all,

Just keeping you all up to date on the story so far....

Had a letter back from 02 saying they can now confirm after investigating that

my daughter has been a victim of fraud and they have now closed the account.

They say they have disassosciated her from it and informed the CRA to remove

any details on it and any related info.

We have checked her credit report today and it is still on there at the moment but we

were told it could take a further 21 days for this to happen.

 

We are relieved at this outcome....but we are thinking of going back to them now and

asking if they are prepared to offer some compensation.

 

This sorry saga has been ongoing for 4 years, with ALOT of harrassment from DCA's over

this time by letter and phone.

She has been refused credit on a number of ocassions due to this (probably about 5/6 times

maybe even more)

Any one got any tips on how to ask and what I should be asking for?

As I have never done this before and dont want to look stupid.

[JonJon77]

Thanks in advance.

[cerberusalert]

Technically she can sue them because they have libeled her through erroneously marking her credit file. You should make a complaint to the ICO https://www.ico.gov.uk/Global/contact_us.aspx

[JonJon77]

Thanks ...I will put a complaint into the ICO so its on record, is suing through the court

her only option or could she just ask them for compensation?

[Bigdebtor]

J

 

She could certainly ask first - but she would need to know what was reasonable as they will try to palm her off with just a few pounds. I think it also depends on how much ammo you have.

 

From the little I know of these DCA's they would probably not want to pay out anything worthwhile until they see they have no options - i.e. getting court papers from you.

 

Gathering your ammo:

 

1. Do you have any PROOF of her being refused other credit due to this?

2. Is this the only blackspot in her credit files?

3. Do you have records of the harassment from the OC and DCA's (letters or notes of phone calls etc.)

 

If so (even YES to 1 and 2 ) then you can go after them - but no idea how much you could get.

 

In Pink69's Invalid Default Notices thread I recollect a figure of £1000 being mentioned for "damages due to unlawful rrescission". I would say this is worth MUCH more.

 

It might be worth looking at the legal threads. I've never been able to claim my file should have been squeaky clean so I have no experience in this area - but "common sense" (which sadly doesn't often go hand in hand with legal "justice") would say you should be well compensated for your stress AND time.

 

Good luck!

 

BD

[cerberusalert]

There is plenty of legal case evidence to support her claim & the average compensation is £1K per default erroneously entered, but substantially more in damages have been awarded depending on the length of time and the consequences of the wrongfully entered defaults.

 

Both the ICO & the FOS have the powers to award compensation.

[JonJon77]

I think most of the credit applications were refused verbally dont know if she had anything

in writing or how she would prove it,ie whether each company holds a record.

Yes kept LOADS of the letters from LOTS of DCAs chasing same debt.

Yes, have solcitors letters.

Have not recorded all the telephone calls though, we just ignored them after a while...stopped

answering them as it was just too stressful.

And Yes, the ONLY thing on her file that would have been to blame....an otherwise excellent record.

A young girl in full time employment with ample dispoable income, bills paid on time etc.

[JonJon77]

So are you saying that instead of going to a solicitor, she cold pass it on to the FOS or /and ICO

and ask them to look into the case and they could award the compensation?

[Bigdebtor]

I believe an FOS decison would be binding on the OC - but not on your daughter. So if she liked what FOS said she could settle for that. If not then court would still be an option.

 

If you want to go the FOS (possibly lower stress?) way before or instead of court then it would certainly be worth writing to the OC first asking them to pay compensation (no figure mentioned by you) - and telling them if they don't cough up you'll go through FOS.

 

Whatever they come back with, you could add at least £500 to it as a counter offer - as it will cost them at least £450-500 to be referred to FOS - plus loads of hassle. The letters etc. you have provide ample proof of harassment and your daughter's otherwise excellent credit file justifies your claim that the OC alone damaged her credit file unjustly.

 

You need to monitor to check exactly how long they take with your daughter's credit file to get ALL adverse items now removed. Any undue delay can add to your claim and to your justification to go to FOS.

 

Good luck!

 

BD

[cerberusalert]

This is a case where £1K was awarded for a wrongfully entered default Kpohraror v Woolwich Building Society (1996) 4 All ER 119).

 

As for proving that she'd been damaged, a copy of her credit file will show any searches made by companies she'd applied for credit from.

[cerberusalert]

She will have a claim against all involved; the original creditor, the DCAs & any of the Credit Reference Agencies that handle her data because as Data Controllers they are ultimately responsible to ensure that any registered data is correct.