ScotCall DCA: Phoning and sending me letters *for someone else* - harrassment?

[illonavamp]

Hello,

 

For the past six months or so, I have been receiving letters at my house for my brother - who does not, and has never lived here for one of his debts.

 

this DCA obviously found my name in the phone book or something and thought they'd get lucky.

 

I have asked them to stop calling, and after the last letter I sent them an email as follows:

 

Data Protection Act: Notice Before Action: My name is xxxxxxxxx and I live at xxxxxx I am the sole occupant and mortgage holder of this house, since 21st May 2005.

 

I keep receiving letters and phonecalls looking for xxxxxxxxx - who does NOT live here and has NEVER lived here. I suspect that someone at your agency thought they might get lucky by contacting anyone with the same surname. This in itself in my opinion is a gross misuse of information.

 

Be advised that I opened this letter because it is the third or fourth I have received. This, along with several phonecalls I have had - I consider to be harrassment and I am formally instructing you to strike these contact details from your records immediately and without further question. From now I will be keeping formal record of each and every contact made to this address for someone who DOES NOT LIVE HERE.

 

Failure to do so is a misuse of my personal data which is in breach of the Data Protection Act and, be in no doubt, I WILL issue proceedings against you for monetary relief for harrassment if contact does not discontinue.

 

If you further misuse your command of data access and inspect my personal credit record you will see that my record is impeccable and is in the top 17% in the country - and ANY short chance of this record being affected will be met by the most fervent of actions against you.

 

Since sending this I have had two more letters, one now advising me of a doorstep collection.

 

Am I within my rights to go ahead and sting them for harrassment?

 

Advice appreciated,

 

Thanks

 

Sam

[Bazooka Boo]

Their letters are computer-generated and sent out by the hundred-thousand. The purpose of these "official warnings" and threats of "imminent legal action" is psychological rather than actual. Once this is realised, the letters cease to have any effect or credibility.

 

By sending them letters and emails simply means they think they have the right person, regardless of what you say, they will not believe you and will continue to harass you and send out their puerile pathetic missives.

 

Ignore their letters, if they do ever send out a doorstep thug, then please get a photograph of them tell them they have ten seconds to make like a tree and leave or you will call the Police and have them arrested for a breach of the peace, NOT trespass. If he calls your bluff and try's to act all macho with a "go on then" shut the door on his melon head and call the Police.

 

The debt isn't yours, they have the wrong persona and wrong address ignoring them is by far the best option, keep an eye on your credit file (CRF) and if they have accessed your file & left any trace on their such as a default marker, then you can screw them for damages in court.c (£1,000)

 

You should make a formal complaint to the OFT&TS via http://www.direct.gov.uk/en/Dl1/Directories/UsefulContactsByCategory/Governmentcitizensandrightscontacts/DG_195948

 

And also ask them if you should inform the ICO of possible breaches of the DPA.

http://www.ico.gov.uk/complaints/data_protection.aspx

[brokebutnotbeatn]

complain to Trading Standards, FOS etc. Write a FORMAL COMPLAINT to Scotcall - keep it short and succinct with photocopy of your otiginal letter. If you are with BT report/block the calls. Return any more letters you get (envelopes) to sender with 'not at this address' and photocopy the envelope. File. Keep checking your CRA files.

[unclebulgaria67]

I have had a similar experience. With Scotcall, following a complaint letter to their compliance manager, they sent me an apology letter and did not contact again. Suffice to say that another debt company then started to contact my address.

 

You won't stop this until they have either caught up with your brother or his credit record has been noted as gone away. Most creditors and debt collectors are very reluctant to note any credit records as gone away, as I presume that means they have very little chance of selling the debt on.

 

If Scotcall continue to harass, send a recorded letter to their compliance/data protection manager and threaten to contact Trading standards, plus notify the OFT.

[illonavamp]

Just got another letter from them today - I will save them for a while and see what happens. If they show up they are for it.

[unclebulgaria67]

Just make sure your brother has never used your address for ANY purpose. When I was in this situation, it was caused by a relative who used my address as a temporary forwarding address for post, as they had moved abroad. Once the address gets noted on some companies records, they pass this on to the credit references agencies and your address may be noted on your brothers record. Until the address is removed or his record is noted as gone away, you can expect to receive correspondence about any debts in his name and possibly junk mail addressed to him as well.

[BRIGADIER2JCS]

For removal of linked addresses and disassociation

from another person the CRAs can give you a

form to complete or you can just write to the

compliance department of each CRA.