Another good way to do this is google guestbook +guymen +mugu then put your / their email address into any guestbooks that you find - they will then start receiving offers from 419ers as the emails are harvested. I set up an email address purely for baiting 419ers and by logging it into messages on these guestbooks have had over 2000 hits in the past six weeks. As the email is only used for this and I have never given it anyone else I know everything is spam. Well worth a try as you are not giving it to anyone in particular but just registering your 'happiness' at finding such a good 'guestbook' Sometimes it helps if you say you are a rich business person looking for new business ventures to fund:D Should take the worry away from your situation. Also, how would he know - you haven't told him and everyone gets spam at some time:)

Cheers.......... it just confirms how c*** the system is when the person never lived at my address and has a different spelling of the surname and it is only when it goes to a DCA they link it to me. Well, 5months of harassment so far and it looks set to continue - of course, I suppose it will depend on the outcome of my complaint to the FOS. THEBHOY and, six months later - the case continues

Quote: Originally Posted by Thebhoy So what about a DCA chasing someone for a debt that IS NOT THEIRS? If I come across anything like this, I'll send the account to be re-traced and verified. Threats by letter and telephone. Failure to abide by OFT guidelines. Failure to properly investigate disputed debts. Failure to comply with CSA code of practice. Failure to comply with Data Protection Act 1998 Is that acceptable IN YOUR OPINION? How would you address a situation like that? Don't know what you're trying to get at here, if you can explain a little more, I'll happily answer. RA - In reply for an explanation..... Personal situation. Being harassed for debts that are not mine but for someone with a similar name (Different spelling of surname and they have a middle name), same DOB but live some 350 miles apart. DCA has been informed verbally and in writing that they are contacting the wrong person and that I dispute ANY debts with their client. They have also been informed of the suspected location of the true debtor (I have had this information from other DCA's chasing other debts for this person and have had his defaults /ccj's added to MY credit files - now cleared through CRA's, my MP and a government ministers involvement). They have my telephone number as I contacted them when I received their first letter and gave them my number - they now use this to telephone me at home at all times of the day and evening. They continue to send demands and threats demanding money and threatening bankruptcy etc in direct violation of the OFT guidelines re disputed debts. They have failed to properly investigate my dispute or verify the location of the debtor as had they done so they would be aware I have trackable address and emploment details for the past 20 years in my current home and some 18 in my previous home - neither of which are anywhere near the debtors location. The CSA - CODE OF PRACTICE (of which they have signed up to) clearly follows the OFT guidelines in relation to 'correct debtor' and disputed debts - these are ignored. DPA - they have no authorisation to store, access, process or share any personal data relating to myself as I am not a customer of their client, their selves nor have I given them authorisation in any format, implying consent for them to do so. I trust this will give you an inkling of my situation and reasoning behind my questions but please feel free to ask for more if needed.

Was the news so bad that you haven't recovered yet?

Let's consider a thread to start at the weekend - just to gauge response / attitude of members and to get some good ideas. (I am off for a shower and bed now so wont pick up again until tomorrow)

Cheers, A petition is an option, however, I believe that to make the case more forcefully a very structured approach is needed - utilising cag members and the various help bodies, media etc with a petition part of the plan. By having a proper, focused plan and goal it could ensure more coverage and therefore more support - especially as the credit crunch / recession is going to affect many many many more people who in turn will need the services of this site. Maybe a need to start a thread for developing this rather than hijack this thread by default.

It is the FOS - Financial Ombudsman Service. It is very worthwhile complaining to the OFT - they document all complaints about the DCA for reviewing re licences etc. The more complaints they get the bigger the file notes pointing towards repeat offenders violating the guidelines - the more we add the better;-) They do not however, take up individual cases. The MP is worth a try (it is holiday time for them just now:rolleyes:) I have gone down that road and had a meeting with mine also - just to flag my situation so worth doing. I am considering the options in contacting EVERY MP (AFTER THEIR HOLIDAYS) to try and highlight the need for a review of the DCA and CRA operating practices - I would like to see a way in which it is easier for us to get compensation from them when we have been wrongfully / illegally harassed by them. This may help curtail their activities.

Good luck with this shower - I also have a complaint raised about them and had OFT call me about it after it was passed to them by TS. I have a complaint being compiled just now for FOS - I emailed them and also telephoned them where I was able to tell them about my case and they then sent a comlaint form to me which was partly filled with the info I gave them. The more complaints each of these companies get about Ruthbridge the more chance some good action will be taken against them. I also have a letter going out to Ruthbridge next week - as soon as I am happy with the content. Keep on their case Thebhoy

And also unanswered questions on your first thread "I am a debt collector"

bump

May well be the son, daughter or mother of one BUT certainly not the father as they don't have one. Shower of bar stewards

Hi palomino, It is purely from a legal stand - I have raised with Trading Standards and with the OFT and now the FOS is waiting on a copy of my complaint and all paperwork sent / received so they can consider an investigation into the DCA activities. My thought process was that I was showing that I have advised them that they have the wrong person, have been patient and had to face unwarranted harassment in clear violation of OFT guidelines etc. I will also be asking for a copy of their complaints procedure for the same reason. I will have to research the ins /outs of going to a small claims court as I am considering that as another option to seek compensation. Any other pointers are very welcome.

Hello everyone, some feedback needed on my next letter to a DCA - suggestions from genuine members welcome. Snoopy DCA - watch for the postman - yes it will be requiring a signature from you so you better all start to learn to write your name. Mr XXXXX, Further to your telephone call to my home on the evening of Tuesday xxx July and, with regards to the stream of letters your employer have been sending to my address claiming I have unpaid debts and threatening pending court action and to have me declared bankrupt. I now inform your company, for the FOURTH time, I am NOT your clients’ debtor and I totally refute your claim that I have ANY debts with your client. Please note the following: 1) My name, as previously advised both verbally, and in writing, is XXX XXXXX not XXX XXXX 2) Contrary to your claim within this telephone call that I am disputing this debt due to you / your clients ‘clerical error’ on the surname, please let me make it clear, yet again, I dispute this debt because it is NOT MY DEBT. 3) With regards to your claim that I “don’t know the meaning of harassment” this was an interesting ‘phrase’ to use as it either implies, at worse, a veiled threat of what I should anticipate is going to happen and, at best, implies you do not consider numerous telephone calls and threatening letters sent to an innocent party, one who has clearly disputed this debt and in clear violation of OFT guidelines, as unacceptable behaviour. Please be advised that I am formally instructing you that you must stop, with immediate effect, making any telephone calls to my home telephone number. I will consider any further calls as further harassment and this will be documented for any future legal case I may decide to pursue against your company. 4) With regards to it being my responsibility to prove to you that I don’t owe this debt. Please be advised that it is your responsibility to prove that I do owe this debt and, having disputed this with you on three previous occasions and now, for a fourth time, I await your apology. 5) “Don’t waste my time quoting the OFT guidelines – you don’t know anything about them...” I thank you for your words of wisdom regarding my knowledge of the OFT and rather than quote them to you, perhaps you would be so kind to help me understand the following aspect of these guidelines and explain exactly what they mean as I wouldn’t wish to look ignorant quoting something I know nothing about when I reach court. I have included some examples where my lack of knowledge may lead me to make some mistakes. OFT Guidelines: Communication 2.1 It is unfair to communicate, in whatever form, with consumers in an unclear, inaccurate or misleading manner. c. Those contacting debtors not making clear who they are, who they work for, what their role is, what the purpose of the contact is. False representation of authority and/or legal position 2.4 Examples of unfair practices are as follows: f. Pursuing third parties for payment when they are not liable h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment. Deceptive and /or unfair methods 2.7 Dealings with debtors are not to be deceitful and/or unfair. 2.8 Examples of unfair practices are as follows: a. sending demands for payment to an individual when it is uncertain that they are the debtor in question, for example, threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made. b. disclosing debt details to an individual when it is uncertain that they are the debtor in question, for example, disclosing details to 'the occupier' of an address. k. Not ceasing collection activity whilst investigating a reasonably queried or disputed debt. Deceptive and/or unfair methods: 2.12f: Visiting or threatening to visit debtors without prior agreement when the debt is deadlocked or disputed. By 'disputed' we mean genuinely disputed. We are not seeking to protect 'won’t pays' but those who are being pursued for a debt they do not owe or genuinely believe they do not owe. Debt collectors who can show that the debt is due and that any dispute has been looked into and the debt confirmed will not be in breach of this provision.'' As a member of the CSA perhaps you could also give me some guideance on the CSA Code Of Practice. CSA Code of Practice: “Each member shall comply with this Code and any other Guidance issued by the Association from time to time.” Section2. General Conduct: d) Ensure by continuously examining debt collection procedures, and those of any third parties employed, that they conform to the highest ethical standards. e) All members have a duty to ensure that their agents, sub-contractors and subsidiaries comply with the Association’s Code and Guidelines. 3. Legislation & Guidelines: a) Each member shall conduct its business lawfully, comply with all relevant UK legislation, regulation and judicial decisions and trade fairly and responsibly. b) Each member shall also comply with Debt Collection Guidance as published by the Office of Fair Trading from time to time. 4. Debt Collection & Default Guidelines l) Take all possible steps to verify that the person being pursued, is in fact, the debtor.” When you have finished that perhaps you could also explain the meaning of the following for me as it would be good to have a much better understanding prior to the proposed court case and is very relevant to point (6) below. Data Protection Act 1998: “The data protection principles The Data Protection Act 1998 governs the use of personal information through the eight data protection principles. These principles require that personal information is: Processed fairly and lawfully Processed for one or more specified and lawful purposes, and not further processed in any way that is incompatible with the original purpose Adequate, relevant and not excessive Accurate and, where necessary, kept up to date Kept for no longer than is necessary for the purpose for which it is being used Processed in line with the rights of individuals Kept secure with appropriate technical and organisational measures taken to protect the information Not transferred outside the European Economic Area (the European Union member states plus Norway, Iceland and Liechtenstein) unless there is adequate protection for the personal information being transferred.” 6) With regards to your declaration that your client and yourself have documentary evidence which proves you have the right person and that I am indeed your ‘debtor’; I formally request, under section 77 and / or 78 of the Consumer Credit Act 1974, a copy of any signed agreement pertaining to this alleged debt and I have attached a £1.00 postal order to be used specifically and solely for this purpose. 7) “Papers about to be served on me” – can you please get the finger out on this one as it has been five months of rhetoric, repetition and harassment – If you wish to go to court let’s set the date. I will be claiming all costs / expenses including the £1.00 plus fee for the CCA postal order, telephone calls, harassment, time reading letters, time off work - every cost that I have incurred since your first letter up to and including any court date and also any expenses incurred thereafter. On this occasion, purely for legal reasons, I look forward to receiving your reply and to your compliance with the requests made within this letter. XXX XXXXX

In your case FB it wouldn't be much use as gingerbread goes 'limp' when it gets dipped in anything wet:lol:

I would also suggest the FOS and the CSA (if they are a member), your MP - the more the merrier as the name will be logged for future complaints - that is why it is important that EVERYBODY with a legitimate complaint makes a complaint.

Well they do have a high sex drive as they are always trying to f somebody. Thanks to all the members of CAG, we all use protection

bump. "thanks for the reply, can someone please clarify the 30 days ruling - have I waited 30 days for nothing? confused :confused:" To try and get the answer

Pleased to see this thread as missed it before. I am having problems with this crowd also - for someone else's debt. This has been going on since Feb - have been to MP, TS, OFT and now the FOS. I also called the police after a telephone call from them last week which left me wanting to go and visit them the following morning -with a hurley:wink:. Told me not to waste his time quoting the OFT guidelines as I didn't know anything about them - good news for me as I have spent seven years fighting different DCA's and ALL have had to admit defeat and this one is going to be no different:grin: TS were s**t and didn't write to them after saying they were but they eventually passed it on to OFT. OFT emailed me and actually telephoned me about it and it was very positive call. Send me a PM and I will give you an email and name for the person at OFT who is dealing with mine. I have not sent a CCA or a SAR yet as I know they won't have anything belonging to me but am now considering this as part of my case against them. FOS sent me out a complaint form and want more info so they can also take it up - have been using reallymadwomans tips on compiling the complaint - will need to thank her as it is excellent. The important thing is that you DO submit the complaint as it is logged and helps build a picture about the DCA THIS IS IMPORTANT FOR ANYONE DEALING WITH DCA's WHO ARE VIOLATING ANY RULES /GUIDELINES -REPORT THEM - REPORT THEM -REPORT THEM - REPORT THEM and, in case it doesn't come across -REPORT THEM.

I suppose we could cut a piece of paper to cheque size and write on the outside - cheque enclosed. Inside we could have a letter stating it is a blank cheque for them to fill in themselves as we are unsure of the settlement figure. Following on from Nailpost - forget the stamp. Another thought - what if we posted a piece of metal or concrete - posted into a post box so size would need to be correct. No stamp etc with return address as another DCA. Now that could be fun:grin:

Just been having a few thoughts on annoying DCA's and wasting their time - as they have been doing to us for years. Perhaps we could compile a list of potential options for CAGers to try if they wished. One option.... Send an envelope with 'PRIORITY - PAYMENT ENCLOSED' clearly written on the envelope. Inside include a letter with... Ooooops -sorry - account in dispute - no payment can be asked for or made. HAHAHAHA!

Many thanks for that saintly_1 I had been to my MP, TS and it is with the OFT and now the FOS have sent me out a form so they can take it up. TS were a waste of space - over two months of emails from them on several of my complaints, telephone calls from and to them, information about what the guy was doing - letters etc - turns out he did SFA. Eventually admitting this to me saying his manager took him off it and then passing on to the OFT. My initial letter to the DCA was... Mr xxxx, Further to our conversation of today, xxth February 2008 and in respect of the letter from Mr xxxxxxxxx (Legal Department) reference as above and headed ‘NOTICE BEFORE PROCEEDINGS’. I send this letter to confirm my statement within our telephone conversation that I am not the xxx xxxxxx who has a debt with Cabot Financial Europe Limited. I find the content of the said letter and our telephone conversation absolutely appalling and to suggest that you are instigating court proceedings against myself to have me made bankrupt is totally outrageous and to further state that you will be serving papers on myself for this court case beggars belief. Regarding your attitude in relation to my refusal to give you my mobile telephone number –let me make it CLEAR to you – it is my prerogative to whom I give or don’t give my telephone numbers and you certainly have no entitlement to it and you most certainly are not due any explanation whatsoever for my refusal to give this number to you. My name is xxx xxxxx not xxx xxxx, I have never been a customer of, had any type of dealings with, and I certainly have never had a credit card from Cabot Financial Europe Limited. I would strongly suggest that you do the following……. · Go back to your client and obtain the correct details relating to their customer – correct name and correct address. · Obtain copies of all communications between your client and their customer. · Obtain copies of all signed agreements between your client and their customer. · Obtain copies of all statements that your client has sent their customer. · Obtain copies of all transactions – locations, times, dates, relating to your clients customer. · Revisit your ‘customer trace’ facilities / providers. · Cross reference the information received with the electoral role for the last eighteen years for me and for your client’s customer. (Please ensure you use the correct spelling of MY name when doing this!) Once you have reviewed the information received, and should you continue to insist that I am your client’s customer, I would request that you forward copies of ALL of this information to me. Should I then be required to attend court in order to clear my name, I will be instructing my solicitor to seek ALL costs relating to this from your company, will be seeking compensation from your company in respect of the stress you have put me under, my time that has been taken up dealing with yourselves, and for your unjust attempt to sully my good name. Once again: Just to be sure you understand what I am saying! My name is: xxxx xxxx NOT xxxx xxxx My Address is: xxxxxxxxxxxxxxxxx I have never had any dealings with a company called Cabot Financial Europe Limited. I do not have and, have never had, a credit card from Cabot Financial Europe Limited. I do not have any debt with Cabot Financial Europe Limited. I will seek all costs plus compensation from your company should I be required to enlist the assistance of my solicitor in order to defend or clear my good name. Just for the record: I am aware there is someone with a similar name as myself and also the SAME date of birth. This individual is located some three hundred plus miles from my location – (xxxxxxx appears to be his base) and I have had to deal with many letters, similar to yours, over the past seven years as so many of his creditors have made the wrong link between me and him based on the above similarities. My case has been taken up by my MP – xxx xxxxxx and has been raised with John Hutton, Government Minister for Business Enterprise and Regulatory Reform, for further investigation and in order to stop such harassment and the nuisance aspect on innocent parties such as myself. I am also aware that this topic is scheduled for discussion / debate in the House of Commons within the next few weeks. I trust this information will indicate the seriousness of this situation and the need for a thorough investigation by your company into every aspect of this debt and the false link to myself. I look forward to receiving your acknowledgment that you have the wrong person and your apology in respect of this within the next fourteen days – this should allow you enough time to do ALL the checks and cross checks that may be required. xxxxxx xxxxxxxxx Needless to say, this was ignored and the threatograms and then the telephone calls continued.

Trust me (boy I sound like a DCA employee) You don't even have to be in the (EDIT) with any debts at all and you can rack up loads of DCA THREATOGRAMS - just have the same DOB and a similar name -it doesn't even matter where you live. Well it works for me anyway - about fifteen in the past few years. They are so kind that they even leave nice comments on your CRA files - like.... Default - unpaid /unsettled debts. and that's before you've even heard from them:( Just hang in there and wait for the Deluge.....

Many thanks dpick, that was very helpful. Having spent so much time over the years trying to address this as well as costs in calls, letters, photocopying, postage etc - without much recourse to recovering these expenses - it narks me to pay out for the CCA and SAR (albeit a smallish amount). I so much want to go to court and wish they had the balls to set a date rather than me do all the work to prove to them they have the wrong person. In a way I want to write and request this info as it would be good for going to court but, if they drop it, then I want recourse for all the harassment and compensation for my time and expenses. I am also hoping to have an email or telephone call from someone at the OFT tomorrow as he is aware of my case and has been off. Again, many thanks for this heads up. Thebhoy

Mine are for chasing me for someone else's debts and placing their defaults on my CRA files so are only DCA's..... 1) Ruthbridge / Cabot 2) Aktiv Kapital 3) Lowell Group 4) Westcott 5) Mackenzie Hall - they won the price for really hacking me off by sending a threatogram chasing a debt that I had just received confirmation from another DCA, in the same post, that it was not mine. My immediate letter back started..... Mr Lowe, Are you trying to extract the urine? Surprisingly they never got back in touch

As per my previous threads - I have been pursued by various DCA's for approx 7 years for someone else's debt(s) just because I have the same DOB and a similar name (different spelling and they have a middle name). Without going into the spiel on each - this thread relates to one of them that I am dealing with just now. Received standard threatogram - call this number immediately - pending court action re debt - in Feb. Knowing by the spelling of the surname on the letter and the 'creditor' it wasn't mine I was furious (all caggers will know that feeling):evil:with the content and made the call to 'inform' them they had the wrong person. Big mistake!!! faced the usual response / abuse /threats. Sent follow up letter, met MP, letters to TS, OFT as well as calls to various other agencies. DCA ignored letter, telephone, call and continued to send threatograms in direct violation of OFT guidelines as well as try to get me on the phone as they now had my number, over the past five months. They managed to get me on my phone this week and I have told them AGAIN they have the wrong person and, following their threat again on the phone about going to court I told them to go ahead and I looked forward to it and then sueing for compensation. Without wishing to bore anyone and based on their claim in this call that their client has paperwork to prove they have the right person I would ask for advice on the next step... 1) I know they have the wrong person and that any paperwork they may have will NOT be mine as I have never had debts or defaulted on any payments for loans, cc, or anything else. Should I send a CCA request for copies of the info they say they have even though I know it will not be mine if they supply it? 2) As I am not their debtor' or their clients debtor and any information they would be storing /processing about myself would be unauthorised. Should I submit a SAR request on them? 3) As I do not wish to be called or contacted by them as I am not the person they are after... Should I include in my letter to them a 'Stop Telephone Harassment' notice? 4) I have spoken to the police and also the FOS this week and the FOS are now waiting on me returning their paperwork and copies of letters received / details of calls etc so they can consider investigating them. With this in mind - should I send my letter to the DCA in relation to the above points (following advice from all you happy campers)and then include it in my reply to the FOS, or hold back and just forward what I have to the FOS without sending another letter? Any HELP welcome, thebhoy