fedup, fraud. dont know what to do

yellowbird

Hello all

My brother ( who is not very bright) is being hounded by clarity, and other ? bailiffs, solicitors letters etc, all threatening court action, bailiff action. this has gone on now for approximately 4 years.
a little bit of background- my brother shares the same name and DOB with a person who lives down south and who has racked up debt with credit cards and banks for just over £2500. despite never having lived in said area and being able to prove this as he is in full time employment in the north. it seems that the debt collection agency has got my brothers details from the electoral role. despite written letters to them and numerous phonecalls to stop this harrassment, all goes quiet for a few months and then another threatening letter appears. the last letter having been recieved yesturday.

when you phone these places, they promise to adjust computer records and we will not be bothered again. however this has gone on for years. we have even provided a specimen signature from my brother to prove that he is not the person they are looking for.
on one occaission the debt collection agency suggested my brother check experian. ( my brother has never had any debt to his name, no CC) this would suggest that this debt is now their?
yesturdays letter is threatening bailiff action if a final and full payment is not recieved for £1600. is not received in 7 days. getting fed up now as i normally phone for my brother as i said, hes not very good with these things. what can we do to stop these letters, phonecalls? can anyone help. thanks
in addition this is causing him real stress.

DVardysShadow

I think it is ultimately a letter to clarity, explaining once again, ordering them to cease and desist, otherwise you will explore any and all legal remedies, followed by an action for harrassment if they start up again. It is not much help, because you are going to have to follow through.

yellowbird

thanks for replyin. I have tried thretening them with legal action and even involved CAB a couple of years ago, it all goes quiet then the letters start again. we have kept all leters and dates times of phone calls who was spoken to etc. also clarity it is with now, but previously it has been with others.

they gave us personal details of this other person with the same name his account number, where he lived down south, surely this is not right. I dont think personal details for this person should be provided to my brother even if they think its the same person. i have read on here someone changing there name to stop this, but that seems OTT to me
would it not be better to get bailiff to door and show him correspondance, or go to Court to prove once and for all it is not the same person?

DVardysShadow

As you have already threatened legal action, I think your only option is to follow through. But as you have left it a few years, you need to remind them. Get advice from the CAB, threaten again and take it to law.

The other avenue which comes to mind is Data Protection. Your brother is being harrassed on the basis of false information in Clarity's systems. You could take this to the Information Commissioner's Office.

RAS

I have cobbled together the National Debtline "prove it" letter posted by fermi and a a bit of a mangled version note re the DPA from CCCS Emily

Quote:

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




Quote:
FAO: Data Controller of (creditor/DCA) - Section 10 notice under the Data Protection Act 1998

I withdraw my consent (under s.10 of the DPA) for you to process my personal data with respect to this account with you or stored on your systems/records.

The processing and use of this data is causing significant distress.

Under the DPA you have 21 days to respond to this request, and 28 days to cease processing and/or remove the data from your systems. Future contact will indicate a breach of my request under the DPA, this will result in a complaint being raised with the Information Commissioner.

You will be deemed to have been served notice of my request and I will deem it served by (FULL DATE), I am advising you that any contact received after this date will be used as evidence.


Yours faithfully,



Meld those together, send it regsstered post and if there is any further contact, OFT, TS and the IO.

MrsTinks

And DO check his details on the credit files - it's possible that the debts have been incorrectly linked to him and that NEEDS to be fixed! It's not a certain but a good possibility.
Definitely tell them to "naff off" or you'll take legal action - and then follow through... unfortunately as your bother not only shares a name but also the DOB with this person it's going to be harder than usual to convince them - and for future... NEVER send them samples of his signature! Some DCAs have been known to "fake" agreements with signatures if they don't have one...