Experian passed on my details as someone else

[Hentooth]

Hi,

 

Recently I had a letter from a DCA asking me if I was a person of my name who lived at an address in Rhyl.

 

Apart from the fact I've never been near Rhyl

 

I was concerned that my information as provided by Experian was now linked with this person who shared my name.

 

So I contacted the DCA who assured me that the information was not linked.

 

Which now leads me to the Data Protection Act

where a company is not allowed to pass on an individuals information

unless they are sure that it is that person.

 

I have checked my Experian Equifax & noddle accounts and Rhyll does not shown in any of them,

so how could Experian be sure that the person was me

and be confident about sending a DCA to hassle me about somebody elses debt.

 

I am REALLY unhappy about this,

 

I had to about 5 years ago make myself insolvent because I lost my job,

but have worked my way back and now have a reasonable credit rating

and now have credit cards back again and am managing them perfectly.

 

So to have this random DCA has really had me rattled.

 

What can I do about this, the ICO web site is not really helpful when it comes to complaints.

 

Thanks for reading

 

Gary

[letsgetitsorted]

my guess is that the DCA has done a search on your name and has posted a speculative letter to each match .

[silverfox1961]

my guess is that the DCA has done a search on your name and has posted a speculative letter to each match .

 

Hi

I have to agree. DCAs have a contract with the CRAs which allow them to search the register.

 

I do believe that DCAs now have the responsibility to ensure that the person they are chasing is the correct person.

 

A long very dry read is here

 

http://fshandbook.info/FS/html/handbook/CONC

 

CONC 7.5 spells it out quite clearly.

 

http://fshandbook.info/FS/html/handbook/CONC/7/5

[Hentooth]

Thanks Silverfox,

 

I am concerned that my details have been used in relation to whatever debt this person has,

the DCA should not be sending letters out to everyone on file that shares my name as clearly shown below.

 

A firm must not pursue an individual whom the firm knows or believes might not be the borrower or hirer under a credit agreement or a consumer hire agreement.

[Note: paragraph 3.5f of DCG].

 

I've just complained to the Financial Ombudsman and also am looking into the Data Protection Commission , my information should NOT be used this way, that is the whole point of the Data Protection Act surely?

[dx100uk]

sorry if I've lost the plot

 

but Experian don't send DCA's

and if the address is not showing on any CRA file

 

this has nothing to do with Experian at all?

 

just a std DCA phishing letter.

 

dx

[BankFodder]

Could we see the letter please.

There are new CONC rules about this now

[Hentooth]

Yup, I will scan and post it up later, have to go to work now.

 

dx100uk My wording was probably misleading, I know Experian don't send DCA's but unless they where sure that I was the person in question they should not have handed out my address and the DCA should not have used it without being sure it was me.. Simple date of birth or looking to see if the address is linked to my address list.

 

There is something wrong with how Experian and the DCA have treated this and I don't see why I have to be at the receiving end, they should NOT have contacted me for ANY reason because I am not the person they are looking for

[renegadeimp]

Its called a phishing letter. They se d out a mass mail and hope to get a bite.

[silverfox1961]

Its called a phishing letter. They se d out a mass mail and hope to get a bite.

 

Except they are now not allowed to. They have to be sure that the person they are after is correct.

[Hentooth]

Hi,

 

Sorry for the delay putting up a scan of the letter, been extremely busy, but here finally is the letter.

 

[ATTACH]52431[/ATTACH]

[Surfer01]

Hi,

 

Sorry for the delay putting up a scan of the letter, been extremely busy, but here finally is the letter.

 

[ATTACH]52431[/ATTACH]

 

 

The attachment is far too small. Use pdf.

[Andyorch]

You need to convert your upload to a pdf file Hentooth to enable posters to view it.

 

Regards

 

Andy

[Hentooth]

Hi Guys,

 

The letter is a phishing one, I have been trying to take Lowell to task over this,

I complained about their illegal use of my personal information in June and they are "investigating",

but so far even though I have prodded them a few times, I have heard nothing.

 

I contacted the Financial Ombudsman but they can't help because I am not a customer of Lowell so they can't get involved.

 

 

I thought as it's my personal information can the information commissioner help.

.. No it's not a bit of legislation they Police (odd I thought they are there to do just that).

 

 

I tried the FCA whose website the document is on, and they can't help, if fact told me to go to the Financial Ombudsman.

 

Can anyone steer me in the right direction please?

 

Incidentally and on the side

 

 

I have 2 DCA's chasing my wife but have got them tied in so many knots,

the absolute panic in the last letter I got from one of them made me laugh out loud.

 

 

I'll post it all in a separate thread when I've done turning the thumbscrews..

 

 

. I may well be able to get a DCA set on them and have a go at a CCJ, then send the Bailiffs.

. I'll give you all a laugh about that later, you'll love it.

[renegadeimp]

Illegal use of your info?

[Hentooth]

By contacting me without being sure that I AM the person they are after, as per Conc, see above..

 

"A firm must not pursue an individual whom the firm knows

or believes might not be the borrower or hirer under a credit agreement or a consumer hire agreement.

[Note: paragraph 3.5f of DCG]."