mistaken identity

[brokebutnotbeatn]

Unbelieveable!

[DonkeyB]

Foolish of them to offer a ‘gesture of goodwill’ then effectively deny liability. That’s a smoking gun, IMO.

[BARFLY]

Anyone got a link for the Consumer Direct (Trading Standards) website so I can complain about this? The above link takes me to a section about gas and electric etc. The CD website is a mess. Link after link after link but nowhere to actually contact CD:x

[Bazooka Boo]

http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

[BARFLY]

Thanks Bazooka. Which email is it? The "complain about goods or services", or should I just get my partner to telephone Monday?

[Bazooka Boo]

Yes, give them a ring, but ask them if they want you to send them a hard copy of your complaint and where to send it, or if they have an email address you can use.

[BARFLY]

Hi everyone.

 

Just been waiting for the "final response" as suggested above. Received a rather snotty letter today that more or less indicated that they had nothing further to add but didn't include the exact phrase. So I'll be writing to the OFT anyway.

 

They budged a bit on the explanation as to where they obtained my partners employment details. They said they were obtained from a public search, including the use of 192.com, and were freely available to anyone. Do 192 provide employment details etc.? And if not, what other "public search" would reveal them? This is nonsense isn't it? They have also stated that they "believed" that their Judgement Debtor was also a teacher in the locality and that was the simple reason for the mistake. This also seems nonsense. If you do a search with 192 there are 8 people with the same name in the entire country. And here we have 2 in the same council with the same job! Whatsmore, they have written a letter to her employer to explain the exact same: that they "believe" the Judgement Debtor is also a teacher and that was how the mistake was made.

 

I suppose what I need to do now is confirm somehow whether there is another teacher with the same name. If there isn't then they have then been untruthful with my employer as well as me. Perhaps that's why they're using the term "believe" before everything.

 

they are sticking to there "ex gratia" offer of £100 as reasonable under the circumstances and suggest I show their correspondence to a solicitor at the CAB to show how reasonable they have been!

 

They just dont want to address that issue of where they obtained her details. If it was a public search they would have just said : "we got it from such and such...":-x

[BRIGADIER2JCS]

You can most certainly demand to know the ''source''

of their information, you could do a Subject Access Request under the Data Protection ACT 1998

they must then provide ALL data that they hold on this alleged debt,

there is a statutory fee of £10 for this and they have 40 days to comply.

Use the template in the CAG. library and amend to suit.

 

Brig.

[cerberusalert]

Besides being in breach of several OFT guidelines they are also in Breach of the Data protection Act by processing incorrect data. Their offer of £100 would be funny if it wasn't so derisive.

[BRIGADIER2JCS]

Use their tactics threaten a court claim for damages and costs claim minimum

 

£2000 for a start, they will most certainly react:madgrin:

[BARFLY]

they've certainly breached the Data Protection Act in regard to both parties. they informed my partner of the address of the debtor, the amount she owed, and to whom she originally owed it!

 

as to court action, is this defamation? if so, isn't that a rich mans game? in that it goes to the high court or something? what else could we take to court for?

[cerberusalert]

It's libel and given the evidence you have you shouldn't have any problem getting a no-win-no-fee solicitor to act for you.

[BARFLY]

really? never really thought about getting a solicitor. can we still complain to the OFT etc. and contact a solicitor?

 

won't TR be charged a fee by the OFT to investigate? if so, why don't they just offer a higher ex gratia payment?

[cerberusalert]

can we still complain to the OFT etc. and contact a solicitor?

Yes.

if so, why don't they just offer a higher ex gratia payment?

Because they are testing the waters and starting with a low offer. they will be more than aware of the position they are in & what the consequences can be. Not only any financial restitution to you but fines which can be imposed both by the OFT and the ICO + of course the possible loss of their license.

[cerberusalert]

As I mentioned in an earlier post an act of libel by simply registering an incorrect default on someones credit file has been taken to court and £1K awarded against the defendant, the going rate is £1K per default but compensation can be very much more depending on the damage done. In your case you have been libeled and your reputation damaged at work which could have put your employment at risk.

[BARFLY]

thanks cerberus.

 

i've been focusing on awaiting their ludicrous explanations, replying, awaiting again, replying, and finally preparing to go to the oft when they haven't budged.

 

now there is another angle (that has been there all along like you say). we'll write to the oft and seek a PAYG solicitor. they've had their chance.

 

now i see why they haven't terminated their letters with "this is our final response". they're seeing how much they can get away with. whether we'll accept their ludicrous explanations. like someone once said: treat them like mushrooms - keep them in the dark and feed them s**t..

 

thanks again.

[cerberusalert]

If a NWNF solicitor takes the case you don't have to pay anything. There is insurance included to protect you in the unlikely event that you don't win.

[coledog]

Think that this is a very important case for you and everyone who has suffered from 'HFO'. I would certainly be sending a SAR to HFO, costs a tenner but you can ask them to release all data that they hold and may help get to the bottom of this. '192' really depends on Election role data, employment data is something else.

 

You MUST report everything to James Waldron at OFT

[Huff&Puff]

It occurs to me that a letter to your MP might be no bad thing here. It isn't only newspapers/journalists who get up to skulduggery with data after all, and this would be a particularly apposite time to mention the fact.

[BRIGADIER2JCS]

I agree it's worth it I've had great responses, and

replies from ministers,

 

brig.

[broken arrow]

Think that this is a very important case for you and everyone who has suffered from 'HFO'. I would certainly be sending a SAR to HFO, costs a tenner but you can ask them to release all data that they hold and may help get to the bottom of this. '192' really depends on Election role data, employment data is something else.

 

You MUST report everything to James Waldron at OFT

 

James Waldron, OFT, Fleet Bank House, 2-6 Salisbury Square, London, EC4 8JX.

[BARFLY]

Thanks for all the advice.

 

We``ll certainly be reporting this. On holiday for a week but will di it as soon as we get back at the end of the week. don"t think there`ll be any letters of explanation or cheques waiting when we get back.

[Bazooka Boo]

You can email your MP using this..(when you get home) http://www.writetothem.com/

[BARFLY]

Returned from holiday.

 

Written to the IC and TS and awaiting response. Been in touch with two NWNF solicitors regarding the libel. They don't seem to be that interested. Had to email a synopsis to one of the solicitors. Both said they would send out an information pack but we haven't received them as yet.. Wonder if this is a small fry case for them?

 

TB and HFO have clearly breached the Data Protection Act and we have all the documentation to show that. How would we go about taking them to the local county court for damages? And what would the damages be? They've offered £100 ex gratia. If we went to court and demanded £1000 damages would the judge think that was greedy and that we should have accepted the £100?. Is there a scale for damages here? And can it be taken to a county court? I don't see how they can deny they've breached the DPA, whether it was intentional or not.

[BRIGADIER2JCS]

It may well end up with you being way out

of pocket taking this to court if you lose

then your stuck with costs on top of the

court fees you have to pay.

May I suggest a ''polite'' letter'' to them saying

thank you for your offer of xxxx, we feel that

perhaps because of the stress and inconvenience

caused by this matter a sum of £xxx, would be

more appropriate to mitigate cost to both parties

should litigation be thought appropriate.

 

It's for you to judge of course but my opinion would be that a maximum

of £500.00 is more appropriate.

 

brig.