Can I take legal action against DCA's - Marlins/Lowel/1st credit/aptiv kapital - debts not mine on CRA file

[BRIGADIER2JCS]

ALL of them.

[BRIGADIER2JCS]

OK:

 

To The Data Controller

xxxxxxxxxxxxxxxxxx

 

 

Ref: use theirs from each companies letters.

 

Formal Complaint/ Notice od Disassociation:

 

Please take note: I xxxxxxxxxx formally state that I am NOT the person you seek in relation to a debt for £xxxx.xx I am not now nor ever have been a customer of xxxxxxxxx and have no knowledge of or liability for any such alleged debt.

 

This statement is signed by me Mr. xxxxxxxxxxx and dated .................In the presence of ........... who bears witness to my signature. and signs here..........................:

 

I am enclosing herewith copies of the letters xxxxxxxxxx has sent to me alleging that I owe this (these) debt (s).

 

I give formal notice that if within 7 working days of the date hereon I receive further debt collection letters I WILL start legal action against xxxxxxxxxx for harassment.

 

I will also seek financial redress for the defamatory nature of the communications and the stress. anxiety and time spent seeking resolution of this matter.

 

xxxxxxxxxx should also be aware that if any data relating to me has been reported to ANY CREDIT REFERENCE AGENCY it MUST be immediately removed and xxxxxxxxx will be expected to make considerable financial redress for causing such data to be displayed, the minimum amount claimed will be £1000.00 for each and every entry the company has caused to be displayed by the CRA.

 

I shall also seek financial redress for dealing with each and every 'debt collection' letter received from the company over the last xx years.

 

I now require xxxxxxxx to cease and desist from processing ALL data relating to me. my address and telephone numbers and electronic mail addresses.

 

XXXXXX WILL confirm in writing that it has complied fully with these requirement within 14 days, and will address the matter of financial redress within the same time scale.

 

The above may be considered a LETTER BEFORE ACTION meaning that an immediate response is required to avoid further action.

 

I am fully aware of the OFT Guidance on Debt Collection and the fact that it is not for me to prove that I am NOT the debtor who owes an outstanding debt.

 

Formal Complaints are being prepared for the ICO, OFT/FCA and the FOS.

 

Some amending/ editing to suit each one needed stockport, just take your time 1 company at a time!

 

For specific advice please come back to the thread.

[Peterbard]

I would be cautious of threatening anything you are not prepared to see through.

While I agree a strongly worded letter, and quite possibly a LBA may be needed,

the financial redress mentioned above is, in my experience, excessive.

Indeed, unless you can prove you have suffered financial loss, it can be very hard to claim anything.

 

Also, if it were me, I would remove any mention of defamation.

It is almost impossible for a 'normal' individual to prove, and will be exceedingly expensive to pursue.

 

Letters are all well and good, but there is little point sending something which is unrealistic.

 

I do believe the Brig has given you a good idea of the type of letter you should be writing though.

[BRIGADIER2JCS]

The financial redress is what is achievable and has been achieved in the past, and considering that these ARE NOT the OPs debts, the posting of such data on CRA files is most certainly defamatory and indeed there maybe links displayed to the OP on another individuals credit file.

The advice given is from very long experience of dealing with just this kind of situation

[Peterbard]

You cannot claim damages from a CRA unless you can demonstrate actual damages caused be the error, and even then if the data controller has acted in good faith on data available then he is not liable at all.

 

See section 13 DPA 1998 http://www.legislation.gov.uk/ukpga/1998/29/section/13

 

13 Compensation for failure to comply with certain requirements.E+W+S+N.I.(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—

(a)the individual also suffers damage by reason of the contravention, or

(b)the contravention relates to the processing of personal data for the special purposes.

(3)In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned

 

This has to be actual provable damages see( Smeaton Vs equafax for further clarification)

 

I had a similar problem with welcome placing an attached entry on my file for some months, I eventually solved the problem via filling in the complaint form on the free web site Noddle, they resolved the situation for me in a couple of weeks and got the duplicated entry removed.

 

Of course if the function of the correspondence is to simply let off steam then the letter is fine, however it is not generally a good idea to make threats that cannot be carried through and it does not encourage a helpful response.

Edited July 17, 2013 by Dodgeball

[Peterbard]

The financial redress is what is achievable and has been achieved in the past, and considering that these ARE NOT the OPs debts, the posting of such data on CRA files is most certainly defamatory and indeed there maybe links displayed to the OP on another individuals credit file.

The advice given is from very long experience of dealing with just this kind of situation

 

As Dodgeball says pretty much.

 

Also, re defamation, the cost of taking any action would massively outweigh any compensation, in the unlikely event any was awarded. It is hideously expensive.

[BRIGADIER2JCS]

As usual not reading the threads properly no one is saying anything about claiming against the CRA get your facts right!!!

[Peterbard]

As usual not reading the threads properly no one is saying anything about claiming against the CRA get your facts right!!!

 

Calm down Brigadier.

 

The OP specifically mentions CRA's but no matter the complaint will be addressed to the data controller,

which I am sure you know equally applies to all the other agencies involved in processing the data.

 

All that is required is a business-like letter asking that the problem is sorted out,

there is no need for threats of this nature, no one is doing this for spite,

there is an error that is all, letters like yours usually end up being filed in the bin in my experience

(although undoubtedly not as extensive as yours)

 

Talk of damages are nonsense, you should know with all your many years of experience that these are rarely if ever acquired for disputes of this nature

unless actual loss can be demonstrated.

[renegadeimp]

Calm down Brigadier.

 

The OP specifically mentions CRA's but no matter the complaint will be addressed to the data controller, which I am sure you know equally applies to all the other agencies involved in processing the data.

 

All that is required is a business-like letter asking that the problem is sorted out, there is no need for threats of this nature, no one is doing this for spite, there is an error that is all, letters like yours usually end up being filed in the bin in my experience(although undoubtedly not as extensive as yours)

Talk of damages are nonsense, you should know with all your many years of experience that these are rarely if ever acquired for disputes of this nature unless actual loss can be demonstrated.

 

 

Your post is disturbing.

You say it's" just an error, thats all.".

This is MUCH more than a simple error.

 

It has been going on for years,

the OP has had constant harassment for debts that arent his,

and has also had multiple marks on his Credit files for these debts.

I would say that is a hell of a lot worse than a simple error.

[sequenci]

Your post is disturbing. You say it's" just an error, thats all.". This is MUCH more than a simple error. It has been going on for years, the OP has had constant harassment for debts that arent his, and has also had multiple marks on his Credit files for these debts. I would say that is a hell of a lot worse than a simple error.

 

It's pretty harsh for sure but damages are usually calculated based upon actual losses incurred.

 

I do, however, think that there should be a much more defined process for when this sort of thing happens becuase it's massively commonplace - especially where people have quite common names.

[renegadeimp]

True, true, but my response, albeit harsh, was directed to his passing comment that it is all just a simple error, when infact it isnt.

[Peterbard]

It's pretty harsh for sure but damages are usually calculated based upon actual losses incurred.

 

I do, however, think that there should be a much more defined process for when this sort of thing happens becuase it's massively commonplace - especially where people have quite common names.

 

Yes I used to see a lot of this , it can be sorted out but usually needs a little patience and a lot of letter writing, I find that it is always more productive to get people on side rather than rubbing them up the wrong way. It has always worked for me.

[sequenci]

True, true, but my response, albeit harsh, was directed to his passing comment that it is all just a simple error, when infact it isnt.

 

The key problem is that many processes are automated. Annoying as hell.

[stockport6]

At the start of all this I tried to reason with the DCA as i thought as you say "a simple mistake"

 

however, if you have ever tried to prove your NOT someone you will see how impossible this is.

It is quite easy to prove you ARE someone.

My apporach to all these have been to ignore the letters as replying in any way was like stirring the nest of vipers.

 

I have wanted one of them to act on their threats.

you knw the ususal if you do not pay the debt we will take legal action.

I wish all of them would take legal action instead of just saying it then this can be stopped once and for all.

 

However,

once they start to add things to my credit file then that is different.

 

I do belieive the CRA are breaking the law on DPA as i have advised them that i believe incorrect information

i.e my addresses and possibly my account details are on another persons file as that is the only way that i can think of

that a DCA would say that a CRA supplied ny details as the person they are looking for when they are not mine

 

It may not be that but the CRA will not confirm or deny as it breaches the DPA (ouch)

 

It may be that these DCA are just getting everyone with a name that is the same (or similar as some of them come with different middle names)

and just sending letters to all of them hoping for a bite.

if that is the case that is more dispicable than i could have imagined as there are more people having this nightmare.

 

It would be great to have someone that has recently worked for these companies to say what really happens

[unclebulgaria67]

So is this your daughters acount or not?

 

I have been hounded by a number of DCA's for the last 7+ years as I have one of the most commom names in the country. One has even placed a default on my Credit File. I am trying to find evidence on this happening to someone else and what they did. I have great advice from memebers already about letter to send but wanted to find anyone who has actually taken these **** to court and won.

 

So was this account your daughters?

 

Thanks

 

Foggy has already answered this in response to this question on numerous occasions.

Yes the account was set up by his daughter in her name, with her details.

 

Foggy only became involved, when making payment on behalf of his daughter.

Because Foggy had made a payment, I think Lowell accused him of being the real person taking up the credit

and undertook action to enforce the debt against him.

But all the evidence available is that the account was his daughters.

[stockport6]

Thanks. i was about half way through the thread when i got confused.

 

Are there any threads where the wrong person has been chased and that person took them to court and what was the outcome

[unclebulgaria67]

Not that I remember. With a normal court claim, as long as the defendent is aware of it, they can ask the claimant for disclosure of documents and information that is being used to make the claim. Therefore it should not get to the stage of a CCJ being registered against the wrong person. If a CCJ has wrongly been applied to you, then you make an application to your local county court to have it set aside, plus request relevant costs.

[stockport6]

At the moment its a Default on my File but the letter from Advantis states "this may include legal proceedings being commenced in the county court"

 

There Clients name is Marlin Europe which is pressume is another DCA and after that it states Clydesdale Bank trading as Yorkshire Bank for whch i have never had any dealing with or accounts

[Peterbard]

How many DCA's are involved in this ,misunderstanding ? Do you have their names.

 

Usually as part of their data protection requirements they will go through a procedure

which not only hinges on the name of the debtor but his home address and his date of birth.

 

In contacting these have you ascertained that the details they hold also relate to you.

If they don't then they cannot identify you, and that alone should be enough for them to cease pursuing you or recording your data.

 

They will only contact speculative leads in the first instance,

if an address or surname proves not to mach the other criteria it gets crossed off their list,

but you need to talk to them and tell them that you are not the person they are looking for, and confirm through your other details.

[unclebulgaria67]

At the moment its a Default on my File but the letter from Advantis states "this may include legal proceedings being commenced in the county court"

 

There Clients name is Marlin Europe which is pressume is another DCA and after that it states Clydesdale Bank trading as Yorkshire Bank for whch i have never had any dealing with or accounts

 

Register a written complaint with the compliance manager of the company who has the default registered on your credit file.

Ask them to look into why their company has applied a default against your credit record,

when you have never had any financial relationship with Clydesdale/Yorkshire Bank.

If you have incurred any financial loss related to the default appearing on your record in error,

you should state how much this loss amounts to.

Send by recorded delivery.

[stockport6]

I used to ring them and explain my details and the reasons why i am not the person they are after

i.e never had an account with any of the names they mention or the addresses they mention.

All this seemed to do was create a whole new raft of letters from other DCA's

 

Like i say i think i know why they send me them apart from the name.

I reckon that my addresses are linked with another person of the same name

and for all i know it date of birth as i have a VERY common name.

 

I have cleaned my file up and had all things not related to me removed but as long as the other person does not clean his up i will always be linked toi his debts.

 

I yhink from today i will have to approach this in a methodical way.

Each time i get a letter i will have to return it with a version of the letter above

and see what they come back with.

Ignoring them doesnt seem to work anymore.

 

Thanks

[Peterbard]

I used to ring them and explain my details and the reasons why i am not the person they are after i.e never had an account with any of the names they mention or the addresses they mention. All this seemed to do was create a whole new raft of letters from other DCA's

 

Like i say i think i know why they send me them apart from the name. I reckon that my addresses are linked with another person of the same name and for all i know it date of birth as i have a VERY common name. I have cleaned my file up and had all things not related to me removed but as long as the other person does not clean his up i will always be linked toi his debts.

 

I yhink from today i will have to approach this in a methodical way. Each time i get a letter i will have to return it with a version of the letter above and see what they come back with. Ignoring them doesnt seem to work anymore.

 

Thanks

 

I agree ignoring them definitely will not work. In the first instance I would just write something like.

 

Dear data controller

 

re the letter sent to me at adress.

 

I would like to inform you that the letter above has not reached the desired data subject, I am not the person you require, please re-check your identifying data and amend your records.

 

If you require additional clarification please contact me on xxxxxx at xxxxx, when I will be pleased to clarify the situation further, as you can imagine this error is causing me extreme distress and I would appreciate your immediate attention.

 

Many thanks

Edited July 17, 2013 by Dodgeball
additional

[Peterbard]

Gosh - the army certainly instilled the aggressive attitude in you Brig.

 

How many claims of this nature have you made and how many have been successful?

 

I've been involved directly with a few, and know of plenty who have tried. I'm only aware of one who was successful, and they had top legal representation and even then forfeited a substantial sum by holding out too long for a settlement.

 

This didn't involve defamation. Defamation as said previously, is massively expensive.

 

As Dodgeball says, any action under the DPA would be by the data subject against the data controller, regardless of whether it is the CRA, DCA or any other body.

 

I actually think a strongly worded letter is a good idea, I just also happen t think yours needs some tweaking, but that's what these forums are all about - helping each other out.

[AndyOrch]

Posts moved to Stockports thread.

 

Regards

 

Andy

[Halibutt]

I agree with Brigadier on this one. You CAN claim damages, but I would go about it in a slightly different way.

The reason for claiming damages is what matters and is directly relevant to this case.

 

Personally, I would claim for harassment, time taken to deal with correspondence at a set rate, costs for posting, photocopying, etc.

 

It's worked for me in the past and I immediately (by return post) received a compensatory cheque on the understanding that I would not persue that one instance further.

I'd laid out my claim clearly, and said:

 

"I hereby give you notice that, should you continue to write, erroneously asserting that I am liable for a debt that is not mine as I have never had dealings with the original creditor that you claim, I will have no alternative but to invoice your company for compensation for undue distress caused due to formulating and sending replies to such letters, plus necessary personal expenses incurred.

Please accept this letter as full and adequate advance warning of my intended charges. Future invoices to your company (per letter) will be broken down as follows: (give breakdown)

 

Oh, and I told them that late payment of invoices would incur a standard £12 late payment fee plus interest at 26%

 

Certainly thraten them over breach of the DPA too - reporting to all regualtory bodies - and carry out the threat.

Hope that helps.

 

H. x