Need help again please, just want to give up.

Willing2Learn

Hi Sue,

If it were me, I would not phone them as it would be too easy to become flustered, panicked and distressed. I would write to them though, to reiterate your position, stating that you are waiting for the data they hold on file as per your SAR submission.

I could be wrong, but I thought collection activities had to be frozen when an account is disputed and being investigated.

CurlySue2017

Willing2Learn wrote: »

Hi Sue,

If it were me, I would not phone them as it would be too easy to become flustered, panicked and distressed. I would write to them though, to reiterate your position, stating that you are waiting for the data they hold on file as per your SAR submission.

I could be wrong, but I thought collection activities had to be frozen when an account is disputed and being investigated.

This is my worry - I'm not in the right "place" at the moment to discuss this with them and my OH would simply get bamboozled by them - which is part of the reason he is in this mess in the first place - he has mild learning issues (struggles to read/write/understand things fully) - he won't be happy with me for putting that up here if he sees it, but I'm doing everything I can to try and get these things sorted so that we can have a life again.

The problem is they are quite clearly flouting the rules and are just not responding to us at all - they simply keep sending the same demand letters and saying that we have not contacted them which we absolutely have.

But the letters are now getting more threatening and I really don't know what else we can do. Surely this is becoming some sort of harrassment now?

If anyone could answer my specific questions please, that would help me clear things up somewhat:

What is our next course of action now that they have ignored a formal Data Request? How do we escalate this?

And also, if this did go all the way to court, would their complete lack of competence (different amount on every letter, denying receiving any response from us when we have proof etc.) work against them at all? How is my OH supposed to be responsible for a debt when they can't even tell him what it is?

I'm so scared of having to go to court again.

sourcrates

Hi again sue.


Debt colletors use a series of template letters, they tend to send them despite the fact you may have written to them previously.

Don`t get too bothered over this, i am busy right now, but either later tonight or tommorow morning i will put together a formal complaint for you and send it by PM to you, they tend to take notice of complaints more than general post, so stay calm, it can be sorted quite easily when you know which buttons to press.


Buisnesses can be fined many thousands of pounds for non compliance with a SAR request, the ICO has the power to make an enforcement order against them, and can be fined if they still dont comply.

CurlySue2017

sourcrates wrote: »

Hi again sue.


Debt colletors use a series of template letters, they tend to send them despite the fact you may have written to them previously.

Don`t get too bothered over this, i am busy right now, but either later tonight or tommorow morning i will put together a formal complaint for you and send it by PM to you, they tend to take notice of complaints more than general post, so stay calm, it can be sorted quite easily when you know which buttons to press.


Buisnesses can be fined many thousands of pounds for non compliance with a SAR request, the ICO has the power to make an enforcement order against them, and can be fined if they still dont comply.

Thank you, I really appreciate your help.

Sorry, edited to ask how do I see my private messages please?

GibbsRule_No3.

Have you tried seeing your local MP at their surgery? Many years ago when I had a problem with my HA I found both the MP and the local councillors very helpful. Granted it was more than 25 years ago though.

CurlySue2017

GibbsRule_No3. wrote: »

Have you tried seeing your local MP at their surgery? Many years ago when I had a problem with my HA I found both the MP and the local councillors very helpful. Granted it was more than 25 years ago though.

I hadn't thought of that, thankyou, we will give them a try.

sourcrates

I`m sat here thinking about your case, you really have two issues now, the first being the debt they are trying to collect, and the second the refusal to provide the SAR without further information.

I think that, for now, you should concentrate on the SAR issue, as you need this information to progress with the complaint, contact the ICO and run your story about the SAR request past them, this is their website :


https://ico.org.uk/


They have both live chat, and a helpline number, they will be able to tell you exactly what information is required to process a SAR and may be able to help you deal with the company concerned as well, I would chase that up first.

CurlySue2017

sourcrates wrote: »

I`m sat here thinking about your case, you really have two issues now, the first being the debt they are trying to collect, and the second the refusal to provide the SAR without further information.

I think that, for now, you should concentrate on the SAR issue, as you need this information to progress with the complaint, contact the ICO and run your story about the SAR request past them, this is their website :


https://ico.org.uk/


They have both live chat, and a helpline number, they will be able to tell you exactly what information is required to process a SAR and may be able to help you deal with the company concerned as well, I would chase that up first.

Thank you again Sourcrates.

We have booked an afternoon off work this week to try and get this resolved, so will contcat the ICO and we were also going to phone the HA and get them to go through it with us.

I know that phonecalls aren't advised but I feel we have no other option at this point. They are simply ignoring our letters and progressing with debt collection. I suppose at least this way we have more evidence to show that we are trying to resolve this and not ignore it - I will keep a screenshot of the call log and will also record the call (I will tell them first of course that we are recording).

CurlySue2017

Ok so I'm getting very nervous about this phonecall tomorrow and would welcome your thoughts....
Do we start by giving the detail in my first post (that he did live there but left long before the date they are suggesting)?
Or do we simply say nothing and continue to simply request proof?
I don't want to be dishonest in any way but at the same time am reluctant to give too much detail and I'm not sure what to say or request.
We've never gone into detail in the letters sent to them, just stuck to the 'prove it' template and all we got back was a wad of statements....no signed contract or anything....which I would have thought they would send if they had one as that is implicit proof.
I'm so confused!

sourcrates

Personally I would not phone them, doesn’t matter what they say, or how persistent they may be, until a court claim lands on your doormat, it’s just all hot air, at that point you would defend the claim on the basis that it’s not your debt, the court is the ultimate resolution service for you, there would be a pre-action letter first anyway, when all evidence must be presented on request before a claim can be made, so nothing they may say till that point is of any consequence.

I know this is a nuisance to you, but you are just playing into their hands by phoning them, they can and will just badger you for money, they cannot present proof to you over the phone can they, and they are not in the slightest bit interested in doing so, I’m sorry but I think that is a complete waste of your time, and will be counter productive.

Best way you can handle this is to contact the ICO and tell them this company has not responded to your SAR request, this will turn the heat up on them, you need that information, and it’s your right to request it, debt collectors deliberately fail to respond to letters so that the person concerned gets tired of waiting, as you are, gets frustrated, and then rings them, gotcha, they then have your attention, and will attempt to get you to pay up.

You should just send a repeat letter, telling them as they have not provided proof of liability despite numerous requests to do so, they must cease and desist any further collection activity or you will register an official written complaint with their CEO, and also report their actions to the FOS and the FCA.