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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Anyone know about debt collection agencies and data protection?

6 replies

KittyVonCatsworth · 06/02/2019 17:30

I've been having an ongoing situation with an agency which is currently going through the appeals process (which is 99% likely to resolve the situation). However, it's gone to debt collection who initially sent out a letter addressed to me at my address 2 weeks ago. Again, fine, I call them and they agree that the appeal will sort it out but unfortunately it won't stop the letters being generated. Which, again is fine. How they sent one of those letters to another address to someone who has the same surname in the same village. the name wasn't clear due to the way it was in the envelope and they opened it. In the letter it was worded 'we're trying to reach Kitty who resided at [address where I live} but no success, can you help?'

AIBU to make a complaint or what protection should they offer me and my information? The letter was clearly from debt collectors, didn't state what or how much but it's frustrating that they had the right address in the letter, they contacted me 2 weeks ago at my correct address but they tried to 'find me' (although I wasn't lost) at another inappropriate address.

Sorry if that doesn't make sense I'm a little irked!

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Evidencebased · 06/02/2019 17:34

That's appalling.
I'd be complaining to the agency, to my MP, and www.gov.uk/data-protection/make-a-complaint

leghairdontcare · 06/02/2019 17:36

Debt collectors don't really care about the law and I doubt this would be a breach of gdpr anyway. It's a legitimate means of tracing someone. You could complain and maybe they'd knock a bit off your debt but you won't get much out of it.

I wouldn't hold up much hope on the appeals process if they've already sold your debt on btw.

Hollycatberry · 06/02/2019 17:44

When you say your debt is being appealed with the agency, do you mean credit reference agency or the creditor?

If the debt is with a collection firm then I guess they have been trying to locate you. They can send tracing letters which shouldn’t contain any details of the debt nor embarrass the debtor. You need to complain to the firm that sent this letter if you’re unhappy - they probably won’t uphold the complaint, but you can go to FOS after this and get a decision from them instead.

I’m surprised the debt collection firm cannot stop the letters if you’ve told them about your situation though. I’d ask them for assurances that no more trace letters will be sent now you’ve made contact.

KittyVonCatsworth · 06/02/2019 18:01

Thank you all. The appeal is with the creditor, who I spoke to today and in November. I paid the debt and although the payment went through, it still tracked arrears and charges for another 3 months which was past on to the debt collection agency who contacted me via letter at the correct address 2 weeks ago. Then this letter arrived at this other address yesterday asking the person where I live.

I spoke to the debt collection agency about the incorrect address and how I was confused and not happy and he dismissed it, which is why I'm wondering if this is normal protocol. I'm just perplexed as to the legitimacy of sending out letters to somewhat random people who happen to have the same surname as me and how I can protect myself from this happening again (it's a common name and a few of us in the village).

I'll raise the complaint t but won't hold out much hope with any apology, which I suppose is fine. The most important thing g is that they stop the tracing letters now (although they didn't need to send it in the first place).

Thank you for the info and advice x

OP posts:
Red2017 · 06/02/2019 18:12

That's known as a trace letter.. they haven't breached because they haven't stated the reason why they are trying to contact you or any other information.
Although you can raise a complaint.

KittyVonCatsworth · 06/02/2019 18:19

I just wonder how many other people in the village with the same name have received a letter. I'm sure I'll soon find out , sigh. Thank you

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