Link & mother's Barclays Bank account

[Vampyra]

This is luckily not mine but is my mother's from her Barclays Bank account. It's around £1600 and even though they have been told she has had a stroke and has dementia and due to her age will not be in a posotion to repay this debt AND we had CAB try to ask them under the circumstances to write it off - they still persist.

 

They used to ring her and she was so confused - this is some years ago - she asked them to speak to me and gave them my name. They now phoning up asking for either her or me and even when I pretend to be a carer who is not part of the family, they try to leave messages asking me to ring them and even say "your ARE Vampyra, aren't you? We know you are responsible for this debt now!".

 

Well I know I'm not - but how can I stop them contacting mum and remove my details which I never gave them permission to process?

 

I also suspect this is getting close to being statute barred too - maybe still a couple of years to go. They constantly phone and write letters.

 

Any advice please?

[Catchleen]

That sounds awful. I had Mercers calling me and my OH from 8 o'clock in the morning until 9 at night. I sent them a harrassment letter (its in the templates) and they stopped for a while at least. Would sending a CCA request and/or SAR then give you the information get your name removed? Sorry I can't be any more helpful. Good luck x

[Vampyra]

Trouble is BB - I can't CCA them as it is mum's account!

 

I can't ask them for anything because it really is against the DPA for them to supply me with any details. They never had written confirmation from me or mum to contact me or use my name so I cannot stop them very easily.

 

I am not mum's power of attorney so luckily I have no legal obligation to deal with it - but them using my name is completely against the DPA.

 

Catchleen, I might try it but just seeing if anyone else has any ideas.

[babybear39]

I see...

 

Is it possible to get your mum to sign a CCA request?

[Vampyra]

No she is not mentally capable and it would be considered fraud for me to get her to sign something she doesn't understand. Sorry it is Catch 22 with this - I am legally bound not to do anything iffy and once you start writing letters, as you know, you are continually writing more. If by some chance it went to court and they asked how mum wrote these letters when she is basically off the planet, it would fall in my lap and it's illegal to make her sign anything she isn't mentally capable of understanding.

[babybear39]

Understood...

 

I really don't know what to suggest

[Vampyra]

I know it's a tricky one!

[Tristesse]

Firstly try the harrasment by telephone letter. This should stop the calls. I would then CCA them for you, they won't have one (of course not your debt) and if they do send your Mums one out they will be breaking the data protection act and you will have proof they have done so (I wouldn't put this past them and it will make for a nice complaint). When the timelines expire for the CCA request you can demand them to remove your details from there systems.

[Vampyra]

Ah yeah - good thinking Tritesse. Yes that'll catch them either way. Thank you.

[42man]

Do you sign the letter in her name ? as if they see a signed letter (typed or signed) from her they may feel that she is of sound mind and body....!!!! Just wondering how you name yourself - as in the letter writer) - somebody ?

[Vampyra]

They have my name and I will be asking why they ring me and to produce a CA showing they can harass me. As the credit agreement will not be in my name they have to prove they cannot harass me and if they send me mum's CA they have broken the DPA.

 

I'll give it a go!

[Tristesse]

Not sure how it will work but surely can only give good results either way they will have to stop contacting you and if they send your Mums agreement then post on here and we can draft a complaint to the relavent parties. I know it's quite a drastic measure (one which i choose to take) but you can call BT and have your number changed at no charge.

[Guest Fallenangel]

Hi vampyra...

 

I had LOADS of telephone hassle from LINK. When I put a written complaint in they told me they were a "telephone based company" and did not deal with "written communication"!!!...

 

When they rang it was always a private number, so i got bt to block all with held calls to my number. Well it took them a while but eventually they got thru that somehow and called revealing their "020" number.......they are determined £$%*#s !!!!!!!

 

Good luck with this, am subscribing cos its a DISCRACE how they go about things.