O2 - harrassment from debt collection agency, and terrible service - advice please?

dan72

Hi all.

This isn't a money saving query as such, but I know that this place can be so useful on so many subjects, I'd be grateful if anyone has any useful advice to give. And it's a bit of a lengthy post too I'm afraid so special thanks to anyone who makes it to the end!

A few months ago I started getting message left on my landline from a debt collections agency (I didn't catch the name) chasing a debt on behalf of O2. The messages were left by more than one different person, but all with Scottish accents.

Now, I'm an existing O2 customer, and I've never been so much as a minute late with payment in my entire life, so I initially ignored the messages. One evening when I was at home, I happened to pick up the phone to one of these people - again with a Scottish accent. They explained that they were looking for someone with the same (fairly common!) surname as myself but the first name Sam, and the postcode they quoted to me was the same as mine except for one character (a subtle but significant difference, as the change of character places the focus of their search some miles away from my house, in the nearest city).

I explained that I don't have any relatives or even friends called Sam, and that they had the wrong postcode, so this must be a case of mistaken identity. I asked them to remove my details from their database and write me a letter confirming that this had been done. The person I spoke to seemed pretty cheesed off with me for being the wrong person, said it was 'not policy' to write letters but agreed that my details would be removed from the system.

Imagine my surprise when last week my next door neighbour stopped me at the gate to say that there has been a man with a Scottish accent calling them, chasing a debt on behalf of O2, and asking if I had any relatives living with me called Sam.

As far as I am concerned, this would be totally unacceptable and incredibly intrusive even if I had been the right person! The fact that they are barking up the wrong tree, and that I have already told them this, and that they are now harassing my neighbours absolutely makes my blood boil.

I called O2 to get the number of this debt collection agency so that I could take it up with them directly. I was unfortunate enough to speak to someone called Alan in the Debt Management team. I explained the situation to him, and he agreed that he would not be happy with this situation if our roles were reversed. He told me that they use a number of such agencies. I ventured that, as all of the people calling from this one had been Scottish, perhaps it wasn't too much of a leap of logic to deduce that the agency might be based in Scotland?

This all seemed to much for poor Alan, and he told me that to make such an assumption was 'discriminatory'. I told him that it was no such thing, and that I would appreciate it if he would make some attempt to help me rather than fabricate some load of half-baked PC nonsense in an effort to avoid having to do so.

But, Alan refused to let me speak to his supervisor, and instead chose to terminate the call.

Naturally, I have sent an email of complaint to O2, but I was wondering if any of you good people had any advice on how I should progress this?

My main concerns are that this agency are barking up the wrong tree, and are convinced that I am somehow associated with a debt that has nothing to do with me. The agency have also contacted my neighbours in the course of their enquiries, which casts me in a bad light. And finally, I am concerned that this agency may well be misreporting a bad debt to a credit reference company.

What laws or guidelines, if any, have been broken here? Where should I take my complaint next if O2 do not resolve it to my satisfaction?

Thank you very much to anyone who can offer any help or advice.

Dan.

iwanttosave_2

Alan from the debt management team would be able to see which DCA it was with.

Do you have any letters lying around from them? It will have a reference number starting 100... on them which you can use to phone o2 to find the account and they can check the details on there. If it isn't you then due to DPA they may not be able to tell you anything but they could update the details to the DCA

Or you could send this

To Whom It May Concern:
Your Reference: xxxx
I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
With reference to the above account, I request that you send me a true copy of this credit agreement before I will correspond further on this matter.
This is my right under the legislation contained within section 77 (1) and section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my credit agreement on request.
Your obligation also extends to providing me with a statement of account. I enclose a £1
postal order, which represents payment of the statutory fee payable under the Consumer Credit Act.
I understand that a copy of my credit agreement should be supplied within 12 working days from the date of this letter.
I understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.
Also, since you are a Debt Collection Agency, I would also ask that you supply a signed true copy of the executed deed of assignment for the above referenced agreement.
This is an obligation, whether you are the original creditor or not, under section 189 of the Consumer Credit Act 1974.
Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.
In summary,
I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER:
1.True copy of original credit agreement
2.Statement of account
3.Copy of the executed deed of assignment from (INSERT COMPANY NAME HERE )
4.Fair Processing Notice.
As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.
Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.
Further to the above, please ensure that any contact by yourselves is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment.
As this account is now in dispute, I would also draw your attention to The Banking Code section 13.6:-
We may give information to the Credit Reference Agencies about personal debts you owe us if:
·The Amount Owed is Not in Dispute.
·The Office of Fair Trading provided a Code of Guidance that is in relation to Debt Collection: OFT 664 Response to consultation paper and final guidance on unfair business practices dated July 2003
Deceptive and/or Unfair Methods-
2.8 Examples of unfair practices are as follows:-
k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt.
If you continue in your pursuance of this account I will have no other alternative than to report you to both, The Information Commissioner and The Office of Fair Trading.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT’s direction of 5 April 2006 and are therefore not a ‘fit and proper person’ to hold a consumer credit license under the 1974 Act.
If you do not understand what this means then seek advice from your legal department.
I look forward to hearing from you within the statutory time limit.
Yours faithfully
<< YOUR NAME HERE >>

dan72

I've never had anything in writing from them, as they believe that their defaulter is a relative of mine (on account of the defaulter having the same surname and an almost identical postcode) rather than me personally.

But there are some great ideas on where to go next with my complaint in that example letter, and some nice leads on legislation to follow up on. Thanks!