CDER GROUP LTD - Mistaken identity

Cooper_73

Hello, 
This is my first time posting on MSE and using this site. 
In 2020, my partner recieved notification from enforcement agents (CDER GROUP) for multiple PCNS for a vehicle we dont own and have never owned. The person who has incurred these pcns has the same name as my partner. (first and last name). After severe harrassment and mental anguish, we finally got dvla to send us proof that we have nothing to do with this vehicle or pcns. Eventually CDER group returned the warrants to dart charge/highways england and we believed that to be the end of the matter. I did send a complaint to all CDER group, dart charge, highways england and dvla and they basically all blamed eachother for the mistake. As the matter seemed to be concluded, i did not pursue the complaint.
Yesterday, we recieved another notice from CDER GROUP for five more unpaid pcns which the same person has incurred new charges. I called cder group up and they told me the previous evidence was "too old" and they now required passport and utility bills to prove its a different person. I've done this but i know from 2020 experience, they are going to keep harrassing us for this debt we don't owe. The actual pcns are not coming to our address, the only thing that comes to our address is the enforcement letters. I'm at my wits end and i dont know where to turn or what to do. They are due to visit the house tomorrow and i feel like i could have a nervous breakdown soon. I have written a new complaint and posted it off today to all parties but to be honest I'm out of my depth as to what to do, as they will just all blame eachother again. Please can someone help me and advise how to get these people to leave us alone for good!

Any help or guidance would be incredibly appreciated. 

Thank you 

Brie

I would suggest you simply ignore anything they send you or return anything that is posted to you simply marked as "return to sender".  

You have told them previously that it's an error and you shouldn't have to do any more until they think they can force you to go to court.  I would not be sending them any proof of who anyone in your house is.  How does a passport prove one Bob Cooper is not a different Bob Cooper.

If they show up inform them that they are harassing you and that you will call the police if they persist.  Do not let them in the house - even if it's tipping down with rain or a plague for frogs - do not give them anything, do not show them a passport or any other paperwork.  Simply tell them they are wrong and they should leave your property.

If possible be ready to film them if/when they arrive to use as evidence of their harrassment.

Cooper_73

Thanks for responding. 

The problem is as they are high court enforcement agents they can clamp our cars. 

I have a 5 month old baby and I'm having to park my car elsewhere to stop them from clamping it.

I gave them the copy of the passport as they said it will show a different date of birth to the person they are looking for and I want to comply as i want them to go away. 

The police won't do anything as cder group are from the courts. They can make peaceful entry and it won't be breaking the law. Do i need to get a solicitor because I can't afford one 😔

Brie

Ah OK.  I'd still film them in case you have to take this further.  And I would still not let them into the house.

Show them the passport and tell them to go away.  If they want a copy of the passport they can take a photo.  They can't take it from you and go off to copy it.   Same as any bills.

Once they have this I would tell them to go away and stop bothering you.  

I didn't think that clamping was legal anymore.  But that might just be by parking firms and land owners.

Brie

re solicitor - check your home insurance, motor insurance policies and see if legal cover is included.  advice should then be free.

If no luck with those - what about via your/partner's employer?  Or union? Or industry group?  Lots of free options available.

Cooper_73

Thanks Brie. I never thought about using other resources for legal help - i didnt think i would be able to use their services as its not directly related.

I'll look at this avenue in more detail tomorrow and see if they can help with legal advice.

Thank you for replying. 

Brie

just as an example - because I worked for a bank I am entitled to free legal advice from Bank Workers Charity.  I know there are similar organisations for ex military, construction workers, all sorts.  

Umkomaas

Sorry this is the wrong forum - we deal with private parking tickets. For Dart charges, go to this forum:

http://forums.pepipoo.com/index.php?act=SF&s=&f=30

For bailiff issues, you might be best served in dealing with enforcement agents by making contact with 'Bailiff Advice Online'. Sheila, who provides this service, has an extremely good reputation for assisting people with bailiff issues. 

Calls and the email enquiry service are free.

Here's your link:

http://bailiffadviceonline.co.uk

Fruitcake

That's good advice from the other posters. If someone turns up at your home, you tell them over and over and over and over again that this is not you, and you have already provided proof that this is not you.
Get witnesses such as friends, neighbours, and family involved.
Call the police if you feel threatened, film everything if possible, do not let them in your home. If they force their way in, scream for help and call the police. Use reasonable force if you need to defend yourself and your property to eject anyone who has unlawfully and/or illegally entered your home and caused you distress. A fire extinguisher to the face is a good non-lethal deterrent if you fear for your safety.

Get your MP involved as well. 

Consider a claim against the company for breach of the Data Protection Act 2015, the General Data Protection Regulations 2018, and harassment. You do not need to prove financial loss for the first two. You could also consider a claim for harassment.

I suggest you start with a letter before/of claim, which will cost you nothing. Breach of the DPA/GDPR normally run at between £250 and £500.

See if any solicitors are offering a free half hour or hour surgery.

Take out an injunction against the company.

If you are a member of a trade union, you may have access to legal advice through them.

Coupon-mad

Your MP can certainly assist by writing complaints for you.

Cooper_73

Thank you for redirecting my post Umkomaas. The advice link you have provided does not work though.. It says its disabled.

Thank you Fruitcake for your input. I've written complaints today and sent them off first class recorded but last time they wouldn't issue me with a final response. I'm not sure who i escalate my complaints too - does this sit with the financial ombudsmen or someone else like fca?

Also, how would I get my mps support? Do I just write to them?

Thanks Coupon-Mad