Lowell/Red (defamation?), Data breach, contacting an Ex directory phone number and Email address Not Belonging to me.

[KFC]

Hi,

 

I have become aware that Lowell/Red have wrongly been trying to contact me recently, over an out of date alleged debt dating back from almost ten years ago.

 

They have contacted an Ex directory phone number NOT registered to me, that has no link to the alleged debt and has never been given as a contact number. It is registered to my partner.

 

They have left numerous messages to this number which I have recorded proof.

 

Also they have wrongly sent various emails to an email address not used by me, and again not linked in any way to this alleged debt. This email address has never been used in any correspondence with them or to contact them whatsoever.

 

I have not had any contact with the alleged creditor, or used that account for almost ten years now, so it if there was anything outstanding, (which I believe there isn't) would be Statute Barred as it well over 6 years ago.

 

I am tempted to contact the Original Company asking them for details etc. or ask what's goin on.

 

 

I feel that Lowell/Red have :-

 

(1) Broken the Data Protection Act

(2) Committed Defamation of Character

(3) Used illicit means to obtain the Ex directory number and email address

(4) Broken a variety of debt collection rules

(5) Threatening to pay me a visit (where, home or work ?)

(6) Giving False information to Credit Reference Agencies, wrongly affecting my credit rating

 

I haven't contacted them yet, I thought it was just a mistake or one off, until I realised the extent of what they have done.

 

I am now deciding whether to ask them exactly how and by 'what means' they come by these wrong contact details, giving every Tom, Dick and Harry, false, incorrect, misleading information about me, causing me distress.

 

Can I sue them, for damages, take action against them or report them ?

[dx100uk]

192.com & your cra file links I bet

 

sadly nothing unusual for this lot.

 

dx

[KFC]

Hi dx100uk, thanks for the quick reply,,

 

yes your probably right that its nothing new for these lot,

 

- but this number is ex directory and the only link to me is that it is registered to my partner, the email address I have never used and is connected to another family member.

 

I am worried who else they have contacted ?

 

Also it is false information, what should I do ?

[unclebulgaria67]

Hi dx100uk, thanks for the quick reply,,

 

yes your probably right that its nothing new for these lot,

 

- but this number is ex directory and the only link to me is that it is registered to my partner, the email address I have never used and is connected to another family member.

 

I am worried who else they have contacted ?

 

Also it is false information, what should I do ?

 

Bet they have accessed the contact details via your partners linked information on your credit record. Because your partner is linked to you, Lowell will argue that they can access any information that is linked to you.

 

Would not bother wasting your time complaining, as weasel words will be used and the various authorities won't be that bothered either. Check your credit records to see if they have noted anything and if anything is wrong, then make a complaint to Lowells compliance manager, asking for compensation. If they fail to do so, then you could look at issuing a court claim. If the debt is definitely statute barred, then send them a letter stating this by recorded delivery, saying that you do not want to be contacted about it. Per OFT they have to stop, unless they have proof it is not SB'd.

[KFC]

Thanks Uncle Bulgaria,

 

I'll have to access my credit reference files to take things further.

 

I see where you are coming form,

 

- but I think they have got some details by some dodgy means, because I am not married to my partner, we don't have a joint bank account, or have had any credit together. Is there anything I can do, if I can prove they have used some dodgy means to obtain information ?

 

The house is rented in her name.

 

The ex directory phone number is in her name.

 

The email address is in her name and used sometimes by her.

 

They have NO Right to be contacting an Ex directory phone numbers or other email addresses, and I am worried who else they may have contacted.

 

They have No Right to post false info.

 

I know they have no prospect of getting anywhere whatsoever with this claim, I am just so annoyed at the cheek of it all and putting false information out about me.

 

What sort of court claims can I make ?

 

Is there any way to legally force the to disclose anyone else that they have contacted in respect of this and by what means they have obtained this information.

 

What they are referring to, is Definitely statute barred now.

[Wooks001]

This sort of behaviour happens all too often with DCA's, they will bend/break the rules and then plead sorry it was a genuine mistake etc.

 

To put an end to it I think you will need to prove it is statute barred by obtaining a SAR from the original creditor. This will prove date last payment made etc, and you can then send this information to Lowell's in a statute barred letter. You could just send the SB letter but chances are they will just pass it on or ignore without proof.

 

Ex-directory just means your number doesn't appear in the phone book, it is still available via 192.com if you pay the fee. Don't agree with this, but it's a fact.

 

You could make a claim in the small claims court for damages and your time, but I don't think you would get a great deal other than satisfaction. Other's will know more about this.

Likewise with the financial ombudsman, unless you have been denied credit or lost out financially due to their behaviour.

 

Don't know if there is an e-petition etc on this sort of thing, if not there should be.

[BRIGADIER2JCS]

I seriously think you will have any success on DPA breaches or defamation claims, even if the 'alleged' debt is Statute Barred the debt exists and remains collectable by all methods short of court action.

 

Your approach MUST be to send a letter to

 

Ms Sara de Tute

Director of Legal & Compliance

Lowell Group

 

 

Stating that the debt is statute barred and you will not be paying.

 

The OFT Guidance on Debt Collection states that once a debtor has informed a creditor (DCA) that a debt is statute barred and they will not pay, the OFT considers it unfair to continue to press for payment to do so may amount to harassment

 

As dx100 as said ex-directory means just not in the BT Phone book nothing more.

 

Everyone SHOULD BE AWARE it is NOT for the alleged debtor to prove the debt is statute barred, the onus of proof falls entirely on the Creditor / DCA to prove that the debt is NOT SB.

 

It matters not how long the debt has been stat barred if you have not carried out the process shown above.

 

The phone number (s) are in the public domain and can be easily found. There are many tracing facilities available and any use of an electronic communications system may well provide a link to you.

 

TBH I cannot see an successful challenge through the court system.

Edited September 2, 2013 by ims21

[KFC]

Hi Wooks001,

 

Thank you for your reply.

 

I agree the Financial Ombudsman are a waste of space, time, money and have almost no teeth at all.

 

Good point you make is to contact the Original Creditor and prove it is statute barred and then possibly take it further.

 

Whether or not you could find an ex directory phone number that's not in my name, (you may be actually right that they can), - they have sent emails to an email address that isn't mine !

 

- disclosing false private details etc. without being at all certain that it has reached the intended person it was addressed to, this is contrary to the Data Protection Act and possible defamation, as is posting false details with Credit Ref agencies etc.

[KFC]

Hi Brigadier2JCS,

 

I am not worried about their chances of collecting, or taking me to court, I'm just concerned/annoyed that they are sending messages to other email addresses etc revealing details to all and sundry, and giving false details to the credit ref agencies.

[BRIGADIER2JCS]

It's clear that a debt (alleged or not) existed in dispute or not this would not be construed as false data, if for example a regulated agreement could not be provided by a creditor or DCA and the debt was in dispute because of this (or in fact any dispute) the creditor can still report to CRAs.

 

As already said I do not think their use of any linked telephone numbers, e-mail addresses etc., is any form of abuse of privacy.

 

I what way has there been any disclosure to all and sundry?

 

The point I made earlier in regard to notifying a creditor/DCA that a debt is statute barred etc., is the way to avoid this type of situation.

 

Also the point made regarding 'proof of statute barred status' the DCA/Creditor has to prove the debt is not so barred.

 

This is the simple quick and easy way out of this situation.

[renegadeimp]

Giving False information to Credit Reference Agencies, wrongly affecting my credit rating

 

Elaborate please. DO you mean there is a current entry that lowlifes has placed on your Credit file for a debt that is long since SB?

[KFC]

They say that the 'debt' has been sold to Lowells, they say that this 'outstanding debt' is affecting my credit rating.

 

I haven't had chance to check the credit ref agency's yet.

 

I think I'm gonna follow Brigadier2JCS 's advice and tell them it has been statute barred for some time now etc and may be a few extra words too.

 

I only found out they where sending to an old email address used rarely by my partner by chance, I believe this email address is in no way, linked to me and therefore am concerned who's other email addresses that they may have sent to.

 

They probably wouldn't admit to anythin anyway, so just gonna tell them it is statute barred and crawl back under their stone.

[renegadeimp]

Get those records checked asap. If they have added a default, then they are in trouble. If they havent, then they are in trouble again as they are in breach of OFT guidance on debt collection.

 

Also, if nothing is on your credit records, and the only contact they have is via email/phone, then i would be inclined to send that letter and then ignore them as they are on a phishing trip.

[BRIGADIER2JCS]

This hinges on the fact, given this has no been challenged as SB at any time Lowell will not have data at all on the 'true' status of the debt.

[Wooks001]

Trouble is that by the time lowlife etc are informed they have caused all sorts of mischief.

We didn't know isn't much of an excuse then, it's about time the rules were changed to stop them.

[KFC]

I'll post an update A.S.A.P. on here when I get confirmation from the 'Original Creditor' - details of the last transaction etc

 

Then I'll contact Red/Lowells

 

 

Many thanks for all your input,

 

Cheers, K

[ericsbrother]

Then get the owner of the telephone account and email address to complain in writing about the harassment by this company and point out that they are not associated with you (you shouldnt be associated financially unless you have told CRA's that you are) and then she should get on to the CRA's to disassociate herself if there are links. You can do nothing as thet arent your phone and email accounts.