DCA behaviour !!!! let me know what you guys think

rigger_john

The office I work at used to be a shop (some years ago), and occasionaly we get letters addressed to the previous occupier which are normally marked 'not known at this address' and dropped back in the post, but a couple of times they have been opened in error.

I have done this once in the past and I phoned up the DCA and informed them the guy wasn't here anymore, a very pleasent guy told me they would ammend their records and the letters would stop. They of course didn't.

Yesterday I opened one by mistake again and I called the DCA, I told them that this is the 2nd time that this had happend, that they had said they would stop sending them.

This time the guy on the phone told me, I had never contacted them in the past, and that I had broken the law opening the letter and they (the DCA) might prosocute me ( obviously they have more power than we thought if they can make a criminal prosecution). Anyway when I stopped laughting at the guy and told him to go for it, he just shouted something I couldn't make out and hung up.

The thing is though looking back he was very rude to me and I think he may have caused phycological damage. I wonder if I could sue them for the trauma they have caused by thier actions, anybody think I have a case :rotfl:

gettingbetter

hi john

all joking aside there is a thread on here where someone did try and sue a DCA hang on will try and find it

kas xx

gettingbetter

here you go


http://forums.moneysavingexpert.com/showthread.html?t=1010705

kas xx

rigger_john

gettingbetter wrote: »

here you go


http://forums.moneysavingexpert.com/showthread.html?t=1010705

kas xx

That was the best read I had for a long time, the suspense at the end was killing me :rotfl:

gettingbetter

hi

you could try the prove it letter

this one

1 High Street,
Newtown,
Kent
R21 4RH
October 9, 2007

The Loan Company
Company House,
Church Street,
Newtown,
Kent,
R1 7HG

Dear Sir/Madam

Ref: xxxxxxxxxxx

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

We would point out that we have no knowledge of any such debt being owed to The Loan Company.

We are familiar with the ‘Office of Fair Trading Debt Collection Guidance’ which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

We would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

We would ask that no further contact be made concerning the above accounts unless you can provide evidence as to our liability for the debt in question.

We await your written confirmation that this matter is now closed. Otherwise we will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

We look forward to your reply.

Yours faithfully





Mrs A N Other

remember dont sign your name just print it

kas xx

rigger_john

Hi Gettingbetter, the letters aren't addressed to anybody at the place I work for, it's our office and store and it used to be a coner shop at some time, I'm guessing that the debt is for the former owner of the shop.

the post was a bit of a joke really I was laughing me head off at the guy on the phone when he said they might sue me for opening the letter.

gettingbetter

hi

they try allsorts dont they

just write on the envelopes

DECEASED TRY HEAVEN

that might put a stop to it

kas xx

rigger_john

I was thinking this

Sir, please find enclosed a letter from your company which has been sent to our address in error, in the past you have sent several letter to this address for Mr XXXXX, normally these have been marked 'unknown at this address, please return' and placed back in the post.


However on two occasions these letters have been opened in error, while we take reasonable precautions to prevent such occurrences, unfortunately mistakes have happened. One the first occasion we made a telephone call to your company to inform you that Mr XXXX was not contactable through us and we have no Knowles of his whereabouts. During the course of that conversation were assured that you would update your system accordingly and refrain from sending out letters for Mr XXXX to our address


Unfortunately it seems that you failed to do this as we have subsequently received several more letter which we have returned. The last letter you sent for Mr XXXX, was delivered on the 30th of April 2009, and was opened in error. This was the second occurrence of your correspondence being accidentally opened by us.


As a result, I called you company at approximately 9am to discus my concerns which were briefly these.

1. Your company has been made aware both by virtue of the many returned letter you have received and verbally that Mr XXXX is no longer contactable at this address. Despite this knowledge you continue to send letter containing sensitive personal data.
2. You have been made aware that as a direct result of your unwillingness to observe you duty of care and take reasonable steps to prevent unwarranted disclosure of personal data such disclosure has occurred.

During the course of the telephone conversation you employee became rude and aggressive towards me as I tried to express those concerns. Further to this he informed me that your company would consider taking legal action against me personally as it is an offence to open post addressed to another person.


I would like to take this opportunity to remind you that under terms of Postal Service Act 2000 section 84 subsection (3) states:


A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.


I would suggest that given the wording of the above act, mistake would be an acceptable defence, I am however unaware of any legislation that would allow a private company such as your self to initiate the criminal proceedings your employee averred too, perhaps you would be so kind as to enlighten me so I might prepare my defence should you choose to take the legal action you are considering.


In the meantime I must inform you that any future letters sent by you to this address will incur a handling charge from myself, under the following terms. I will accept one letter from you addressed to myself at this address free of charge only if that letter is an assurance from your company that you will take all necessary actions to ensure there will be no more post for your Mr XXXX sent to this address.


Failing the above all subsequent letters will be returned to you and a charge of £25 will be made. This charge will be payable within seven days and should payment not be forthcoming court action for recovery will be started.


The terms are fair under the Unfair Terms Act 1999 as this is for my time and expenses. By making further contact other than as stated above you shall be entering into a contract with myself and agreeing to its terms.