Disabled Veteran Harrassed for 4yrs by DCA for debt of unknown person

[stu007]

Hi theghost

 

too true what you say, but this then puts the innocent victim at such a disadvantage as to who to turnto and also why should an innocent victim of DCA incompetance have to pay to sort out a problem whether it be a phonecall or a letter if all these government departments that are supposed to help only pass the buck.

 

So in turn you have DCAs harrassing innocents victims and getting away with it.

To Try and sort it you call numerous different government department at your cost.

So who is winning the DCA and the Government and the innocent victim well who cares about them.

 

CAG Does

[stu007]

Soz for double post

[theghost]

True - but you can use that arguement across the entire breadth of consumer protection issues - how many rogue traders, dodgy web retailers, [problematic], car clockers, fraudsters etc etc are there out there that need dealing with?

 

To have complete compliance with all legislation is a dream - obviously things could be better but the funding isn't there and regulating stuff isn't as easy as it sounds. This current government is very much anti regulation so we should count ourselves lucky that consumer protection laws are not being binned left right and centre.

 

Lets not forget websites like CAG, and newspapers and Watchdog etc can pretty much do and say what they want - whereas public bodies are answerable (and therefore cautious) and basically have to play by many rules and regulations before they can take (sometimes even the most basic) of actions against a company.

[Abrigadier]

The Dept. Of Business and Skills is responsible

for the OFT, you could complain via Ugov. I think.

[42man]

Send recorded delivery......if they continue to call then you MUST record all the calls. If they do then I suggest you take them to court, there is NO defence for this kind of behaviour (edit this to suit)

 

letter before action

 

Dear Sir / Madam.

 

It is with great concern I write with regard to your company's behaviour. Over the last (x) weeks your company has written several letters, the first of which I have responded to in satisfying your requests for previous addresses.

 

I can categorically state that I have NEVER used or had any kind of account with (name of bank), I am now of the opinion that this is now pure harrassment and in direct breach of CPUTR2008, The OFT's Guidance On debt collection, your own associations code of conduct and harrassment laws. I'm sure I have no need to remind you of the recent case of Ferguson vs British Gas

 

What I require.

 

An apology from the Managing Director of your company in light of the distress, embarrassment and upset this has caused.

 

Your offical complaints procedures

 

Confirmation that you will NOT call me again.

 

Instant removal of any adverse information placed on my credit file - this will be checked within 14 days - If it is not removed, I will commence court proceedings with no further notice.

 

If you do not respond with your official complaints procedure within 7 days, I will have no hesitation in informing Trading Standards, The Office Of Fair Trading and my MP of your behaviour. And if I have to write to you again I will charge your company £20 taking time out to write again.

 

I trust this makes my position perfectly clear.

[stu007]

Hi

 

Abrigadier thanks so much for that info its great.

 

42man Oh i like that letter cant wait to send it tommorrow and see what these idiots say.

 

All this because they have the wrong phone number i.e. my phone number on this debtors file and no other details.

 

Obviously profit comes before doing the correct procedures with DCAs i.e. checking the data given to them is accurate

 

Well i suppose you can train a monkey but these idiots are a lost cause.

[Bazooka Boo]

"People NOT Profit" is painted on a fence near where I live at the entrance to a park and by the side of a very busy junction and I think it just about sums up the mood of any right thinking individual.

I also found this, you could print it off A4 and send them ever time they commit the criminal offence!

[stu007]

Hi all

 

thanks all for your help its great and 42mans letter is brilliant but i feel i should add to it on data protection but would like your views

as i really feel its time to hit these gits where it hurts.

 

Now as they are the 8TH DCA thats failed to check the Accurracy of Data i.e. the telephone number they have on file for the past 3 yrs is that of a Disabled Veteran at a completely different address with nothing to do with the debtor there after.

 

Irrespective that they are not the 8th DCA they have had the incorrect DATA (telephone number) on this Debtors file and have failed to remove or check the accuracy of the Data so surely they have breached the Data Protection Act.

 

Any input on this one most grateful

[theghost]

Did this person make all the preceeding 7 DCAs aware it was the wrong number? Is there a paper trail?

 

Have they got the names of and correspondence from the previous 7 DCAs?

[stu007]

Hi the ghost

 

All the previous 7 dca promised to remove the incorrect phone number and obviously failed to do so and failed in the accuracy of checking data.

 

So the 8th dca has also done the same by failing to check the accuracy on the data revieved from creditor client and/or credir reference agency.

 

only my thoughts

[stu007]

Hi again Caggers

 

Well im trying to get an answer to this question if possible

 

Has the Debt collection Agency breached the Data Protection Act if they have being using the incorrect data (My Home Telephone Number) on a unknown Debtors file for 3yrs who they are after. Therefore harrasing a Disabled Veteran for some unknown persons debt due to there negligence?

[theghost]

without knowing all th facts I am guessing the original credit company has a file with all the details and it is that file which has the wrong number on it. As it gets passed back and forth between DCAs it has not been updated to say that is the wrong numbe.r

 

In theory if you tell a DCA it is the wrong number they should update their records and when/if the file goes back to the original creditor it should be updated to reflect the fact that the phone numbe ris incorrect to stop it happening again.

 

Who was the original creditor?

[stu007]

Hi theghost

 

Thats the point WHO IS THE ORIGINAL CREDITOR as the debt is nothing to do with me.

 

All 8 DCAs have been asked this question and there excuse for not telling me is they use the Data Protection Act even when i state i dont want any of the Debtors details just the original creditor to complain to then also they refuse and use that act.

[stu007]

Also are the DCAs not meant to check the accuracy of data from the Original Creditor themselves before being negligent and harrassing and innocent person as this is the 8th DCA i would also class it as negligence so thats could also be a reason for there blatant refusal

[Bazooka Boo]

There is a lot of things DCA's are supposed to do in order to honour their credit license, very few of them do, and even less get dragged over the coals for it.

 

IMO if it were me in the same boat, I would make a list of the DCA's who have had the delight of this lemon, and starting with the first DCA, lodge a formal complaint, not only with them but the OFT&TS also, then the same for the second, third, fourth etc etc etc, The first DCA who was handed this pup and informed that no debt exists should have sent it back to the OC, whoever they may be, and have marked the file accordingly that the contact details they have are incorrect, so when the second DCA picks up the file they can see that they have the incorrect contact details.

 

Not only are all of them to blame, this speaks volumes of their so called "Tracing procedures" namely they spout off how they are the leading trace agency yadda yadda yadda, yet the truth of it is, they don't have the first clue of how to trace the correct debtor at all, it's a myth.

 

I would make a separate complaint to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948 about all of the DCA's who have chased for this.

 

If possible it would be advantageous to find out who the actual OC was, then pursue them through the courts for damages regarding their harassment, they have a duty to pass on accurate info to their chosen third parties, something called vicarious liability, as they have failed to do so, they get to carry the can.

[stu007]

Hi All

 

Well just had a call from a friend who has mentioned the problem to a police friend and he has said what they are doing could be a criminal offence under

 

Section 40 of The Administration of Juctice Act 1970.

 

Now the but i did have a read of it and my worry using this is its all about the DEBTOR

 

As i am not the Debtor but being constantly harrassed only because they have incorrect phone number on file could this Act still apply

 

Your input is much appreciated

[cerberusalert]

Harassment is harassment whether you are the debtor or not.

[cerberusalert]

The Protection from Harassment Act 1997 would be more apt i would think; http://www.legislation.gov.uk/ukpga/1997/40/section/1

[stu007]

Hi cerberusalert

 

Thanks for that yes thought the protection for harrassment was more appropriate myself just wanted to ask on the other one as just wanting to hit them with absolutely everything and see how the like it.

 

just feel its about time to take a stand after 3yrs of these DCAs negligence and hit them where it hurts

[theghost]

Did TS not saying anyhting about potential criminal actions?

[stu007]

Hi theghost

 

TS did mention quite a lot of breaches am just waiting on a copy of the letter they are sending to them but just thought why not hit them with both barrels and send your own letter as well.

[stu007]

Hi Caggers

 

Well have done a letter to sent to these imcompetent fools its quite long but would like your advice on any improvements or amemdments or if the letters complete rubbish.

 

its in MS Word so could i post it up minus any personal detail of course

[citizenB]

Yes, of course, post it up for us to have a look at.

 

Going back a few posts.. I would have thought the very first DCA to have contacted you should have advised who the OC was if they believed they were speaking to the correct person! Once made aware that you werent, then the information should have been amended and returned to the OC anyway.

 

It is obviously being passed back to the OC each time for reallocation to the next crew.. !!

[give them FA]

Stu: Not sure why you are concerning yourselves as to who the original creditor may have been. If it has been through several DCAs the probability is the OC wrote off the debt and sold it and has had no further input. These firms are then trying to collect the money for themselves, not the OC.

 

Do not waste any further time or effort. Go to your local county court and take out a summons against Lowell's claiming damages under Section 3 of the Protection from Harassment Act 1997. I assume you have logged and listed the calls received.

 

I did precisely that against a company trying to collect a parking fine after they sent me four or five further demands after I had told them to stop because I was not liable.

 

They fell over themselves to pay me £750 in damages. Sounds like this case is worth a lot more.

 

PM me if you want more advice but I can assure you it works. The County Court is worth more than all the other toothless watchdogs combined.

[citizenB]

I think stu needs to know the identity of the original creditor as the account isnt being assigned forward, but just put out for collection. Each time he advised the new protaganist that he is NOT who they are wanting, it returns to the OC who then passes it on to a new set of bullies so it is THERE that the data requires changing.