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

[BRIGADIER2JCS]

This really b. made public national

and local press and Watchdog etc'

[stu007]

Hi all

 

Thanks for all your assistance and support

 

it just angers me that i know that there are probably hundreds if not thousands of people in the same situation all because these Debt Collections Agencies are just totally incompetent, see a fast way to make money and best of all they dont even have to check all the details given to then about the debtor is correct so in turn harrass innocent people get paid for it and get away with it.

[BRIGADIER2JCS]

I can assure you that there are thousands

of cases like this, many occurring to young

men and women who are serving their contry

in our current war.

[theghost]

The correct body to deal with this is your local Trading Standards office - but you need to be succint and get your point across very clearly as to what the companies are doing wrong. If there is one creditor who has used 8 DCAs then it is likely they may have done soemthing illegal or against a regulation somewhere.

 

As you have phoned Consumer Direct I would wait and see if you get a call back - if not phone back Consumer Direct and make clear you believe the company is in the wrong and ask if anything will be done. Remember though the function of CD is NOT to get invovled or help you with a dispute past a basic level - they are an advisory service that provide advice and log complaints. Any enforcement action will have to be taken by your local Trading Standards.

 

I am not surprised Information Comissioner is not doing anything as they deal with DPA breaches. The FOS is somewhere you go after you have exhausted all complaint avenues with the original company. The OFT do not generally deal with consumers straight off the bat. I dunno why they have asked you to contact Action Fraud as action Fraud only deal with, well, fraud.

[BRIGADIER2JCS]

Agreed CD are a part of the OFT and

monitor the complaints made and will

pass matters forward to the OFT to log.

[BRIGADIER2JCS]

Agreed CD are a part of the OFT and

monitor the complaints made and will

pass matters forward to the OFT to log.

[theghost]

The data on the CD database is viewable by the OFT (although both the OFT and CD will soon be disbanded/changed from their current form because of the Govt cuts!). The OFTs remit is to take on national issues based on volume of complaints. In the case of a DCA they will use complaints to put licening conditions on them or perhaps take enforcement action.

 

But the quickest resolution will be getting TS on it as they are meant to be the ones dealing with invdivuals in their own area. But you might find that they work like a small version of the OFT - focussing their resources on companies in their area commiting serious crime or generating a lot of complaints.

[BRIGADIER2JCS]

Often I find that it it has been

easier to contact local TS offices

with problems, the best I have

worked with being East Ayreshire

when addressing complaints against

their very local DCA.

[cerberusalert]

the theory is you make a complaint to your local TS who pass it on to the TS responsible for the area where the DCA is, they then are supposed to pass information on to the OFT so they have a bigger picture. In practice it is usually better to contact directly the TS office in the DCAs area.

[stu007]

Hi again

 

thanks ghost for the assistance and do see you point of Consumer Direct and Trading Standards and wait and see what comes of it.

 

My concern is that innocent people are being targeted by these DCAs not doing there job and they all have a websites with no enforcement that they have to display who innocent victims complaint too about there action?

 

That really is the main point these DCAs who maybe accidentlly lets say target the wrong individual constantly, that person checks ther website and low and behold there is no information on how to report them for contacting the wrong person WHY?

 

Next as in my main post all those different Government Departments I was tolds to call with not actual help but pass the buck WHY?

 

The exact information or process that an innocent victim should follow should be regulate and made law that its availble on these cowboys websites and if they phone that person they must automatically inform that individual of those rights

[stu007]

Hi

 

Can I ask this question to those knowlegable, throughout the 3yrs of constant harrasment of these DCAs I now have the full name of this Debtor and di thick I almost had the full address of the Debtor them when the last DCA contacted low and behold they give me the address number without realising it as it was them that aske me to confirm that house number. I think yous can guess that i had a good laugh as the only thing i did not know until then was the exact house number and they had just given it to me.

 

So during this time I have manage to find out the Debtors Full Name and Full Address!!!!!!!!!!

 

Is this not a Breach of the Data Protection Act!!!

[theghost]

What you need to remember about enforcement agencies is that they have a limited remit and much of the action they can take is limited by legislation.

 

I dunno what you said on the phone and what they said to you - but for exmaple when you phone the ICO to report a breach of the DPA you need to be very clear about what you are complaining about - so if you focus too much on the debt collector they may think you need to go elsewhere - you would need to make clear you are reporting the DPA element of it and then report the other aspect of it to the relevant body.

 

A scattergun approach of reporting the same thing to lots of different bodies doesn't work unless you make each complaint specific to what the enforcement body does.

 

I daresay the ICO will not care about single breaches of the DPA unless they are significant (and this is not) but they will probably log every breach made about each company and then take action on those that are the worst offenders. So it is certainly worth reporting it to them so they know but I wouldnt necessarily expect them to do anything about it.

 

Trading Standards are responsible for enforcing harassment etc by debt collectors, but like above I wouldnt necessarily rely on them helping you. They may tell you to deal with it yourself.

 

It is unclear whether you know what company owns the original debt - but I would find that out so it can be dealt with at the source.

[Bazooka Boo]

Another angle would be to contact the debtor by post and inform him that CAG exists and to log on and get help with his debts...

[BRIGADIER2JCS]

This whole debacle needs publicity

and shaming of the unfeeling idiots

who have harassed the disabled

veteran.

[stu007]

Hi All

 

Latest Update

 

Well was contacted by Trading Standards on this issue and they were totally shocked when i explained all the different agencies i had contacted to resolve this to have the door basically closed in my face. They even confirmed that i had contacted the correct agencies and couldnt understand why they didnt take the case up as certains laws have been breached.

 

So Trading Standards are now contacting this DCA on my behalf quoting the Acts and Breaches and to remove my data and will contact again in a few weeks for a checkup. They were so understanding and couldnt have been more helpful.

 

When i get a copy of the letter they send to these idiots i think it would be good to post up.

[BRIGADIER2JCS]

Good result stu, look forward

to that letter.

Brig.

[citizenB]

Excellent, yes, please let us have sight of the TS' response once you have received it. It would be nice to know that your friend is finally going to be rid of these calls

[stu007]

I do hope it stops the harrassment

 

But its the principles if you add up the costs to someone innocent to have to resolve a problem like this caused by DCAs that are totally incompetant, but as Disabled Veterans has said this aint the end of it whether Trading Standards do manage to sort this or no,t its the hell these companies are legally allowed to put innocent people through and get away with it and who has to pay for all that hell even to get it resolved the innocent party not the DCAs who seem answerable to noone.

 

So he has managed to get the local MPs contact detail and is taking it to them and is going to write to them about this issue as he wants every little thing in writing

[stu007]

Hi Caggers

 

Have just had a good read of the latest OFT Updated Guidelines and must say i was taken aback, as reading through it i was like, well the DCA hasnt done this has breached that and ended up with one hell of a list.

 

Just cannot understand why OFT passed the buck when its all there in black and white in there own guidelines better still there most up to date guideline.

 

Now the tricky bit who do you complain to about OFT not following its own 'Debt Collection Guidance Updated October 2011' and informing the consumer it nothing to do with them and therefore passing the buck when they should have taken complaint as per there own guidance.

 

Still waiting on the copy of the Trading Standards letter just to updated all.

 

Thanks again caggers

[stu007]

Sorry all

 

being a pain but this has being niggling away so could i also ask your advice on this:

 

Due to the circumstances the DCA has incorrectly contact the wrong person by phone about someone elses debt, I then ask the DCA for there 'Clients Name and contact Address' (please note not the Debtors Details) to write an Offical Complaint to the Client and am duly informed NO due to the Data Protection Act.

 

As i did not ask then to give me any personal information relating to the Debtor but only the Client they were working on behalf of to complain to them is this correct?

[theghost]

Hi Caggers

 

Have just had a good read of the latest OFT Updated Guidelines and must say i was taken aback, as reading through it i was like, well the DCA hasnt done this has breached that and ended up with one hell of a list.

 

Just cannot understand why OFT passed the buck when its all there in black and white in there own guidelines better still there most up to date guideline.

 

Now the tricky bit who do you complain to about OFT not following its own 'Debt Collection Guidance Updated October 2011' and informing the consumer it nothing to do with them and therefore passing the buck when they should have taken complaint as per there own guidance.

 

Still waiting on the copy of the Trading Standards letter just to updated all.

 

Thanks again caggers

 

Generally speaking the OFT do not take on individual complaints - as far as credit goes their role is to identify the trends affecting consumers and take action against the worst offenders. Indeed, the new guidance is most likely based on trends they have identified from all the complaints made to various public bodies.

 

If they see one DCA is harassing people they are meant to address it, but they will not necessarily get involved on behalf off 50 people and tell the DCA to stop harassing each one.

 

They could have logged your complaint but unless they were going to pass it onto your local TS or Consuemr Direct for you, then you are better off contacting TS or CD for actual assistance and advice..

 

It is odd that they passed the buck as you would think this is stuff they deal with day in day out - but I dunno what was said in the conversation. Are you sure they didnt just suggest contacting CD?

 

So just because the OFT produce guidance, they do not necessarily enforce it on a OFT>Consumer basis. That doesnt stop them assisting consumers on an individual basis for serious issues though I guess.

[stu007]

Hi theghost

 

thanks for your input much appreciated and can see where your coming from.

 

Trading Standards are writing to DCA and were surprised that i could given them the Debtors Full Name, Address and Account reference.

 

They did ask how i got these details and were not impressed when I said when its the 8th different DCA in 3yrs the only thing i didnt have from previous DCAs was the house number which was provided by the last DCA asking me a bloke if i live at such and such address when its a female debtor there after.

[stu007]

Hi

 

Whats been annoying about this whole saga is its so simple for these Greedy, Lets break the law DCAs to sort and its in the OFT Guidelines as well.

 

All these idiots have to do is make sure of sufficient accurancy on Data recevied from the creditor clients and/or credit reference agencies is accurate(i.e is the telephone number the detors or not and if not remove it from ther system and debtors file as it is incorrect data) before phoning and harrassing a innocent Disabled Veteran all because its so hard to check a telephone number. DCAs are so incompetent and money hungrey they dont care who they harrass.

[theghost]

There is a lot of emphasis on data quality, passing data amongst creditors and mental capacity given in the new guidelines.

 

TBH I would just count myself lucky that TS are even getting involved. Much liek the OFT they often dont have the resources to help every single person but tackle issues absed on complaint levels.

[stu007]

Hi theghost

 

too true what you say, but this then puts the innocent victim at such a disadvantage as to who to turn and also why should an innocent victim of DCA incompetance have to pay to sort out a problem wether 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