Phoenix recoveries chasing a debt that isn't mine

[sore shoulder]

Grateful for any help,

 

Phoenix recoveries are chasing my wife for a debt that originated with Littlewoods Direct(Shop Direct) through Provident Personal Credit that isn't hers. She has already had problems with Littlewoods which we thought had been sorted out (wrote to Tony Etherington, Financial Mail), but it would seem it has just been moved on to Phoenix. At no point in discussions, both letters and telephone, has any proof been provided that my wife took out any kind of credit agreement and no proof of any deliveries.

 

What do we need to do to get rid of them. My wife phoned them but they would not deal with her because she refused to give them her D.O.B.

 

Sore Shoulder

[harrassed senior]

I keep receiving post addressed to someone else. What can I do?

Organisations have an obligation to keep their information up to date. If you have tried to contact the organisation to make them aware of the problem but you continue to receive the inaccurately addressed mail, we can consider your complaint. You can make a complaint under the Data Protection Act.Complaints - Privacy & electronic communication - ICO Send them the prove it letter: http://www.consumeractiongroup.co.uk...ng-of-the-debt adding in the above and say the next communication you get from them will go straight to the Information Commissioners' Office as it is in breach of DPA Rules.

[42man]

Firstly, I would rewrite to Tony Hetherington informing him of the situation, then I would certainly report them to the OFT, Write something along these lines and send it recorded delivery....

 

Head the letter

 

LETTER BEFORE ACTION

 

Dear Sir

 

Your company, has recently been in touch with regards to an alleged debt which you state is owed by me.

 

Firstly, I can categorically state that at no stage in my life have I had any kind of account or relationship with (Provident/Littlewoods/ShopDirect).

 

Secondly, your behaviour is causing a great deal of anxiety and upset to me and my family, and in light of these circumstances and the fact that you are in breach of CPUTR2008, I am not prepared to accept this any longer. I find your actions extremely harrassing. I am sure I have no need to remind you of the case of British Gas vs Ferguson. If your behaviour continues I will have no option but to take this matter to court.

 

In order to obtain a credit licence I understand that you have to have in place an official complaints proceudre, I now require details of this, and would expect you to send these to me within the next 14 days. If I do not receive your official complaints procedures and you continue to harrass myself, I will have no option but to commence legal proceedings with no further written notice.

 

I will also be forwarding this letter to the Chief Executive Of Provident and the Chief Executive Of Littlewoods, as they are responsible for the actions of their suppliers.

 

I trust this makes my position very clear.

[sillygirl1]

Provident recently brought a portfolio of debts from another company in an attempt to boost their profit margin by offering 'clients' a loan to cover the old debt at their atrocious interest rate. I wouldn't mind betting this is a result of a 'mistrace' on Provident's behalf.

 

I had the great pleasure of refusing a Provident lady entry into the block of flats where I live, she insisted she had 'right of entry' and tried to tailgate me on a couple of evenings. I challenged her and she said she had 'business' to conduct in the building. I gave her the managing agents telephone details and said 'contact them for details of where this person is' - the flat she wanted to get into was empty..... no way was I going to let her in and harrass other residents.

[sore shoulder]

Thanks 42man, I'll definitely get the other half to do that.

 

Cheers

[ScarletPimpernel]

My version of a LBA, just so you have a choice:

 

Dear Sirs

 

I refer to your letter dated (date), and to your telephone calls. All communication in this matter must be in writing.

 

I have never had any dealings with either Littlewoods or Provident; I do not recognise the alleged debt and deny that I am liable to repay it. It was my understanding that following the involvement of Tony Hetherington of the Mail on Sunday, that the matter had been resolved.

 

Consequently, I consider your actions in making demands for money to constitute harassment. I now require, within the next seven days, an undertaking in writing that the matter is ended, and that you will make no further demands for payment in relation to the above alleged debt. Should you fail to provide such undertaking, or if you make any further demand for payment, I will issue a claim against you under the Protection from Harrassment Act. I will ask the Court to order you to cease harrassing me, and for damages at the Court's discretion. You are no doubt aware of the judgment in Ferguson vs. British Gas Trading Ltd [2009] EWCA Civ 46 3, and I understand that there has recently been another case where a debt purchaser was successfully sued for harrassment in similar circumstances.

 

I await your response.

 

Yours etc.

 

 

Of course, if you threaten Court action you must be prepared to go through with it. It's not difficult, and in general the last place DCAs want to be is in front of a judge.

 

The judgment in Ferguson makes very plain that companies cannot claim that someone who knows that their claims are unjustified cannot be harrassed; nor can they blame computer processes. See http://www.bailii.org/ew/cases/EWCA/Civ/2009/46.html

 

You can also make a formal complaint to your local Trading Standards department, since the DCA's behaviour contravenes CPUTR.

[DonkeyB]

Nothing new in this scenario.

 

Are you dealing with Bryan Carter?

 

Have a look at this shameful episode:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?239224-emtdickson-Bryan-Carter-Catalogue

 

Give us more details if you can, or post copies of their correspondence with your details removed, and we’ll take the idiots to the cleaners.

 

By law, once you dispute a debt, collection activity must cease until the dispute is resolved. That clearly is not the case here.

[sore shoulder]

will do going to sort out a letter tonight. Will be forwarding the letter to the financial mail as well. The other half will probably have some input as well later.

[sore shoulder]

This is the letter i am thinking of sending please take a look and let me know what you think

 

Dear Sir or Madam,

 

I am writing to you referring to the letter I received dated September 2010, and the recent telephone calls I have made to your company.

I have never had any dealings with either Little woods or Provident Direct, I do not recognize the alleged debt and I am not liable to repay it. It was my understanding that following the involvement of Tony Hetherington of the Mail on Sunday that the matter had been resolved.

I have not yet been provided with any proof of credit agreement existing between myself and Shop Direct. Nor has any proof that the goods have been delivered to my address and signed for.

If you cannot provide this evidence within 14 days I will assume this matter is closed.

I will be copying this letter to Mr Tony Hetherington at the Mail on Sunday and if you continue with this action I will issue a claim against you under the protection of Harrassment Act. I wiill ask the court to order you to cease harrassing me and for damages at the courts decretion. I understand there has recently been another case where a debt purchaser was successfully sued for harrassment in simular circumstances.

 

I wait your response

 

Thanks for any help any of you can provide

 

Debbie

[martin g]

Hello,

It would be worth checking your credit records to see if anyone has left marks on them. If this is the case you have grounds to sue for deformation.

 

Martin g