Help! Endless harassment for s debt which isn't mine

Rock__Carver

Dear Forum

Any help on this would be much appreciated as I’m at my wits end. Apologies in advance for the length of the post.

I'm being chased for a debt which isn't mine. The name is the same but, it has nothing to do with me. I've never owed anyone a penny in my life.

This has been going on for years and just recently it has come back to haunt me again despite writing to these people previously.

After a trawl through the internet, I sent the following letter to the debt collecting agency. The response I received has just incensed me more. What can I do to stop these people harassing me. I'm an 84 year old man and just don't need this grief. I'm happy to either contact the Police (will they actually do anything?) or even instruct a solicitor. Is this what is needed? And why, in their response, should I now need to prove who I am if they are chasing me for a debt. Surely they know who I am as they are writing to me!!!!

£10 seems excessive for a 'Subject Access Request', should I just contact the OFT and trading standards and hand it all over to them?

Lastly, how should I reply to their letter? Ignoring them just doesn’t seem to do any good and I don't want the stress of any more letters.

Please, any help or advice gratefully received.

Letter Sent to debt Collection Agency....

Dear Sirs,

Despite my letter, email and various phone conversations (see below) to your various representatives, it would appear that you are still intent on harassing me for a debt that has absolutely nothing to do with me.

Despite repeated requests to you to show any liability on my part, you have failed to do so. Furthermore, having asked you to not contact me again unless you can actually show any liability on my part, you appear to have completely ignored this request.

I can only deduce from your repeated contact that you are intent on maliciously harassing me without any evidence of my liability.

For the last time, I have no knowledge of any such debt being owed to XXXXX, or indeed any other financial institution for that matter.

I am familiar with the Office of Fair Trading (OFT) 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.

I 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 are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I now insist that you make no further contact with me concerning the above account unless you can provide clear evidence as to my liability for the debt in question. I would also expect that any changes to my credit file instigated by you or any party you represent are corrected immediately.

What does also concern me is the information you have about me and what information you may have transmitted to any other party. This therefore is also a formal request under the Data Protection Act 1998 Chapter 29 part 2 Section 7 for all data you have about me and transmitted to others. I am also invoking Chapter 29 part 2 Section 10 with immediate effect. I also reserve the right to invoke Chapter 29 part 2 subsection 13 for the distress caused particularly if my credit worthiness has been adversely affected. If a fee is required for this information then send me your estimate, if I believe it to be excessive I shall pass the information on to the Data Protection Commissioner for his views on the whole matter.

I await your written confirmation regarding the above and that this matter is now closed. Otherwise I will have no option but to make a formal complaint to the Police for harassment, trading standards department and consider informing the OFT of your dubious actions.

Their response:


Your account XXXXX was assigned to XXXXX on 3rd August 2011 by our client XXXXX. Until 26th October 2011 we have not received any communication from you regarding this account. The account relates to an outstanding balance of £2,500 originally XXXXXX.

Based on the information you have provided I note you were also linked to account XXXXXX held by XXXXXXX. This however was with regard to an entirely separate debt, and the matter was closed on our system on 11th August 2009.

In regards to your request for copies of all records held, electronic or otherwise, I would ask that this be made in writing to our office address and clearly marked as a "Subject Access Request". It is worth noting that such request carries a £10 administration fee and we have 40 days to fulfill as opposed to 28. The 40 days will commence when we have received the written request, the necessary administration fee and we are satisfied of your identity.

Group 1 (Photographic) Group 2
Passport Driving Licence
Proof of age card Utilities Bill (less than 3 month old)
Work ID or student ID Council tax Bill (less than 3 month old)
Travel pass Current bank statement
Other membership card with photo Pension book

If however you wish to make a request under Sections 77/78/79 of the Consumer Credit Act 1974 please direct your request to XXXXX direct as follows –

Ø In writing
Ø Clearly marked as a request under the above Act
Ø Accompanied by the relevant (£1.00) administration fee

Please be advised that XXXXXXX cannot control either process and nor can we determine when the documentation will become available.

RAS

Cheeky geets.

Report them to the OFT as they are in direct contravention of OFT Guidelines which state that they can only pursue debt if they are sure the person with whom they are in contact is the debtor.

Which load of muppets is this?

Butti

Nice too that they ask for something with your signature on so presumably they can try and pin it on you a bit tighter.

Brilliant original letter by the way. Shame they can't read!

B

cavework

Contact the papers and email your local MP kick up one heck of a stink.. send them a copy by email.
What is the name of these chancers? MSE members can get them to the top of google ,bet they would love that kind of advertising

fatbelly

I'd be tempted to turn the screw and start talking about compensation and FOS (who can insist on an award). Here is a letter that I adapted from an earlier version by Magpie Cottage.

The police will not be interested and a solicitor will charge you. Send all letters recorded and keep copies.

Edit new guidance released last week here