Moorcroft breaching data protection act?

[Blondmusic]

I received a letter from Moorcroft in October last year asking me to contact them over an alleged debt to EE (formerly T-Mobile). I replied by email with the prove it letter.

 

I received this response yesterday and just wonder if they are breaching the data protection act. I have removed anything that would identify me but from reading the email they have got my date of birth wrong.

 

Dear Miss xxxxxxxxx

 

Our Client: EE (Formerly T-Mobile)

 

I write further to my recent email regarding the above account and return with our client’s response.

 

Our client has advised us that their records show that this account relates to mobile telephone numbers 07xxxxxxxxx and 07xxxxxxxxx. The original billing address was XXXXXXXXXXXXXXXXXX and the account holders date of birth is xxxxxxxxxxxxxxxxxxx. Our client’s records show that this account was cancelled on the 20th December 2013 due to non payment. Our client has asked that you consider this information and should you dispute opening the above account you are able to contact their Fraud Helpline on 0845 412 5000, selecting option 1,3 then 1 again, so that our client can ensure matters can be fully investigated for you.

 

As previously confirmed your account is currently on hold and this will remain the position for a further 14 days to allow you the opportunity to respond to this email and confirm how you are proceeding with matters. We will also revert back to our client to confirm any contact they may now receive as requested above.

 

Yours sincerely

 

xxxxxxxxxxxxxxxxxx

Compliance Manager

Compliance Department

[fkofilee]

Moorcroft are spouting crap here... They are a relatively tiresome DPA...

Tell hem you are unhappy with their response because them just quoting some details isnt proof you you had an account with them.

 

Ask them to provide more proof in the form of a written contract etc and that shouldt shut them up. Remember , Mobile phones accounts DO NOT Fall under the Consumer Credit Act of 1974

 

Its up to them to prove you owe, not for you to prove to them you dont.,

[Blondmusic]

Thanks for that. I will send them a reply and see what they come back with

[Blondmusic]

Ok so I replied to Moorcrap with this,

 

Dear COMPLIANCE MANAGER,

 

Thank you for your email dated 17th of February 2014 the contents of which have been noted.

 

I am unhappy with your response as the quotation of details is no proof that I had any account with your client. I would also like to point out that the Date of Birth you have provided is incorrect and I therefore inform you that I do not believe I am the debtor you are looking for.

 

OFT Debt Collections Guidelines state the following

 

When seeking to recover a debt, failing to take appropriate steps with a view to ensuring that available data/information to inform the pursuit and recovery of a debt is accurate and adequate, such that the debtor and the (amount of the) debt can be correctly identified from that data/information

 

Failure to do so may result in:

• the wrong person being pursued for a debt, or

• a person being pursued for a debt that does not exist, or

• a person being pursued for an incorrect amount.

 

I request strict proof that I am the alleged debtor you seek in the form of a contract between myself and your client. Until you do so no further correspondence will be entered into.

 

Yours sincerely,

 

I received this in reply,

 

Dear xxxxxxxxxxxxxxxx

 

Our Client: EE (Formerly T-Mobile)

 

I acknowledge receipt of your further correspondence regarding the above account.

 

Firstly, where you are now confirming that the address confirmed by our client is incorrect we have asked that they check this information supplied to us again. Our client has advised that the date of birth is the xxxxxxxxxxxxxxxxxxx, rather that xxxxxxxx. It appears that the information connected to the cancellation date provided had also got confused with the date of birth.

 

With regards to your comments made with regards to our instructed contact and assistance in this matter I can again confirm that we had been instructed to assist our client with the recovery of an account they advised was due. We have also verified the information supplied to us by our client in line with Principle 4 of the Data Protection Act and based on the information that has been supplied to us as part of this verification process and information our client holds, our client does continue to believe you remain liable for this debt. Our client also continues to request that you contact their Fraud helpline on 0845 412 5000, should you believe this account has not been opened by you.

 

In the meantime we have also asked that our client provides us with an associated bill they believe confirms the liability they advise exists and where they are requesting repayment. This account will now remain on hold until this information is received and can be provided for your consideration. We will also check with our client any direct contact made by you and the Fraud helpline.

 

Yours sincerely

 

 

 

xxxxxxxxxxxxxxxxxxx

Compliance Manager

Compliance Department

 

So I fired this back this morning,

 

Dear COMPLIANCE MANAGER,

 

Thank you for your reply dated 19th February 2014 the contents of which have been noted.

 

You state that I am now confirming that the address your client provided is incorrect when I have not confirmed any details with you. I believe you are in breach of the Data Protection act in divulging personal information such as an address and a date of birth via email without confirming that I am the alleged debtor you seek.

 

Again I request strict proof that I am the alleged debtor you seek in the form of a contract between myself and your client.

 

Until you do so no further correspondence will be entered into.

 

Yours sincerely,