DEBT MANAGERS GDPR

Hampton1968

I have recently discovered unknown debt on my credit file , using my name ,dob but not my address , the debt is owned by debt managers for £300 odd pounds , I have reported to action fraud and emailed to debt managers explaining my situation 
they’ve asked for proof of my proper address which I have done , I’ve given them the police ref number etc 
they are investigating and mentioning a GDPR , what is this please ? 
I feel like they don’t believe me as they are saying if they can’t prove fraud then I’ll be held liable for debt 
what else can I do ? 
Please help 

Hampton1968

 This is the email ,,,

(((As you advised that you have no connection to 15#####Crescent and this is appearing on your credit file, I have raised a GDPR right to rectify for you. Please be assured this will be investigated and addressed in a timely manner for you.

 

We do appreciate the frustration this may be causing and will ensure we provide you with an update as soon as possible.

 

Whilst we are investigating this for you, your account will remain on hold to prevent any further debt recovery such as calls, letters, texts and emails from us as well as the possibility of your account being passed to any external Debt Collection Agencies.

 

If we are unable to confirm this as fraud and we are unable to reach a suitable solution; we may as a last resort pass your account for legal action which could result in a County Court Judgment being raised against you and the possibility of an Attachment of Earnings in order to recover the money owed. I do need to make you aware that passing your account to our legal team will incur additional charges such as legal fees which will be added on to your original balance.))

MaryNB

GDPR is General Data Protection Regulation. It relates to the use of personal data. In what context did they mention it? 

ETA: Wrote that before you posted your second comment. In that context you have a right to have your personal data corrected under GDPR. In other words if the data they hold is incorrect, they have to make it right under GDPR.

Hampton1968

MaryNB said:

GDPR is General Data Protection Regulation. It relates to the use of personal data. In what context did they mention it? 

I have pasted the email in comments , thanks

MaryNB

If you're confident you can prove the data is incorrect you'll just have to wait until they've concluded their investigation. I would take their response as positive. 

The last bit is there because if they just took everyone at their word, well then anyone with debt will just claim it's not theirs. They're just saying if the evidence you sent isn't reliable or doesn't prove you didn't live there, as a last resort they'll remove the freeze and debt collectors will proceed with trying to recover the debt via a CCJ.

Hampton1968

MaryNB said:

GDPR is General Data Protection Regulation. It relates to the use of personal data. In what context did they mention it? 

ETA: Wrote that before you posted your second comment. In that context you have a right to have your personal data corrected under GDPR. In other words if the data they hold is incorrect, they have to make it right under GDPR.

Thank you , what else can I do ? 

Hampton1968

MaryNB said:

If you're confident you can prove the data is incorrect you'll just have to wait until they've concluded their investigation. I would take their response as positive. 

The last bit is there because if they just took everyone at their word, well then anyone with debt will just claim it's not theirs. They're just saying if the evidence you sent isn't reliable or doesn't prove you didn't live there, as a last resort they'll remove the freeze and debt collectors will proceed with trying to recover the debt via a CCJ.

The address they hold for me is definitely incorrect , I don’t recognise it at all , they’ve asked for copies of council tax letters which I’ve asked the council for , is there anything else I can do to prove my real address ?

MaryNB

Hang tight, wait for their investigation to conclude. If you are confident you've given enough information to prove the debt isn't yours (i.e. you've proved you never lived at that address) there's not much else you can do. I don't read that as they don't believe you. They're just letting you know that they need to investigate it before they can conclude you don't owe the debt. 

Council tax bills are as you good as you can do about confirming your address. They've got clear dates showing when you lived at that particular address. Just make sure the dates cover when the debt was taken out.

Hampton1968

MaryNB said:

Hang tight, wait for their investigation to conclude. If you are confident you've given enough information to prove the debt isn't yours (i.e. you've proved you never lived at that address) there's not much else you can do. I don't read that as they don't believe you. They're just letting you know that they need to investigate it before they can conclude you don't owe the debt. 

Council tax bills are as you good as you can do about confirming your address. They've got clear dates showing when you lived at that particular address. Just make sure the dates cover when the debt was taken out.

Should my local council provide me with old copies ?

MaryNB

What did the council say when you requested bills? You need to ask if they can provide copies of bills for the date the debt was taken out. If the council tax bill you send them doesn't cover that well then there's nothing to say you didn't used to live there. I can't say what your council will provide and I don't know their obligations with regards to old bills. I know with my local council (Bristol) I can see all my bills across two addresses on my online account since I moved here in 2018. I cannot say what your local council will provide.

If they cannot provide that, do you have copies yourself? If not ask Debt Managers what alternatives they can accept. Bank statements, utility bills (not mobile phones), and mortgage statements are usually good sources. What do you have to hand? Tenancy agreement might be acceptable. 

sourcrates

You don’t have to jump through hoops here, there are numerous documents that contain your address, your drivers license, or any utility or phone bill.

No matter what the outcome of this, don’t be bullied into paying this debt by this company, ultimately you may have to defend a court claim for it, and let a judge decide if the debt is yours or not.