Is this a GDPR breach?

[CocoapuffPuff]

I've been fighting with Thames Water and various debt collection agencies now for about 6 years. They're calling my mobile phone number to chase a debt. The debt isn't mine and the person they think they are calling isn't on that number, I am. I'm not Katie Ellis but I wish I knew her, as her lights need punching out.

Somewhere down the line, some skank gave them a random phone number that just happened to be mine, and now I'm regularly called by debt collectors for her debt.

They say they can't take my number off her account as I can't give them the account number. Of course I bloody can't. I'm not the person they're pursuing!!!

Anyway, I've escalated it to a formal complaint, having spoken to CCW this morning, as I'm concerned that my telephone number is tied to a bad debt.

I'm curious as to whether Thames Water has breached GDPR by passing a phone number that they KNOW doesn't belong to their debtor (as I've told them this, repeatedly, for years now) to debt collectors.

Anyone any idea? I've mentioned it in my complaint but I'm no wiser, now I've looked at the legislation, as to whether it's a breach or not. I'm not smart enough to work it out. Any legal minds know?

Would say it is. They process this data based on performance of contract and you haven't entered into a contract with them

That was my impression. I guess they could claim that they'd been given the information and used it in good faith. Sadly all my previous communication has been by phone so I've no written evidence that they knew the number was nothing to do with their debtor.
I've spent hours and hours on this bloody stuff over the last few years, trying to get them to stop harrassing me for someone else's debt....

I know it requires a bit of a faff, but why not change your number?

What address is the debt attached to? Have you ever lived at that address?

It depends whether TW did pass the information to the debt collectors, or if the debt collectors found it independently and associated it with the account via the same source TW used.

Somewhere there's a data source that associates your number with Katie Ellis. Everyone who goes looking for her to pursue the debt finds this same number associated with her.

A friend has the same problem. Someone in the North East has been associated with my friends number - it could be the debtor deliberately gave a wrong number, or it could be that somewhere along the way someone made a typo or transcription error. My friend has now been pursued for two different debts for this person. But they cannot find out which data source has the error so they can't get it corrected.

It's tricky as you're not the account holder so only they can amend the details. I think you can say to them that you have a right to have data corrected which you do under GDPR. But I assume they've not continued to pass incorrect details. It was one handover to debt collectors who have been pursuing it since. The debt collectors also have a responsibility to correct data so you can ask them to do that. What have they said when you've spoken to them before about that ?

Yes. You have the right to rectification of your data without delay.

Are you serious?????

Fuck me.

I'm not Katie Ellis but I wish I knew her, as her lights need punching out.

Somewhere down the line, some skank gave them a random phone number that just happened to be mine, and now I'm regularly called by debt collectors for her debt

Wow

Quite.

I'd actually start to count with, if you don't remove my number I will consider this unlawful intimidation and harassment and act accordingly.

No idea of the address alas. All I have is the name. Apparently nobody can give me any more information than that it's MY phone number that's associated with the debt, and of course, the name (Katie Ellis) that they say they're looking for when they leave their message. I'm the one that has to give THEM the account number and address etc in order to change the details on an account that doesn't belong to me.

However, I'm pretty certain I've never lived at an address supplied by Thames Water. I'm in central Scotland and have lived here my entire 56 years.

To be a breach the data needs to identify a living person and be inappropriately shared. As you're not Kate Ellis and the data is incorrect I don't think it's a breach.

IIWY I'd write to the debt collector and tell them that this is not and never has been your debt, that you are not Kate Ellis, that your phone number does not belong to Kate Ellis, that it belongs to you (xxx) and has done since XXX, that you don't have an account with Thames (assuming you don't), or, if you do that your account is up to date. Tell them to stop calling your number as it is the incorrect number. They may need to do some checks otherwise anyone could say "not my debt, wrong number, bye" and someone gave them this number at some point. Equally, they should realise that people do make up numbers or type them incorrectly. The utility companies are difficult to deal with as they won't talk to you without an account number but if you aren't with them you don't have one etc etc etc

They've been passed the debt and will be targeted on collecting it, once they realise it's pointless since they're pursuing the wrong person they will either write it off or pursue the right person. Once you've put it in writing and clearly explained this problem will very likely go away.

How have you told them that you aren't Katie Ellis? You could send a redacted copy of your phone contract/ bill showing your name number and address, asking them to remove your number from the account in debt.

Op will have to find the address etc of the debt collecting agency first to write to since my understanding is that all they have connected to OP is a phone number

I'd do this. Easy enough to find an address or email online to send proof to.

Make a complaint to the ombudsman. It’s the easiest way to get things like this resolved. We had exactly the same situation (different company). You need to write to Thames Water and explain everything, telling them they have 8 weeks to resolve the situation, after which you
will contact the ombudsman.

When the ombudsman takes on your complaint, the debt collectors will have to stop contacting you on TW’s behalf. TW will need to remove your number from that account, and probably pay you some sort of compensation (we got £250 awarded).

It is very bad advice to write to or email the debt collection agency or TW about this.

Right now they have the following data:

• Kate Ellis, your mobile number

You do not want to give them any further information that could end up associated with the account or debt. They do not need to know your name, or your address, or your email address, or any other personal information about you.

If you know it's not your debt then the next time they call just tell them they have the wrong number, you don't know a Katie Ellis, you have never been a customer of Thames Water, then block the number they call you from.

OP has been doing this for 6 years. If it was that simple, surely it would have worked by now?

No need to be so rude. It's a reasonable suggestion to stop the hassle.

I wouldn't want to change my number, but I wouldn't be rude to someone suggesting it, as it's the quickest way to resolve the issue.

If there’s no chance that your address is associated with the debt, then ignore my advice about the ombudsman! No need to give any of your details.

Out situation involved out address, with a debt that didn’t belong to us, and we had no success explaining this. After 2 years and multiple threats from utility company and debt collectors, the ombudsman wrote off the debt, made them send us a letter of apology, and pay us £250. We’ve never heard from the debt collectors again.

You are further away from the situation than we were. So I’d block the number every time they call. Don’t engage.

It's probably a substantial debt, and it keeps getting repurchased by different collection agencies.

But the essential problem remains the same, TW may not be the ones who have provided the mobile number to the debt collection agencies. If the data is coming from another source you end up playing whack-a-mole with each new debt collector.

Funnily enough, I think Katie Ellis pulled the same stunt giving my landline number about 20 years ago, not a million miles away from Thames Water area. Possibly her old number had been reassigned to me by BT when I moved in to a different property with the same area code.

It was certainly a Kate, as the debt collectors would call breezily saying "Hi Katie!", hoping to catch me out. (I remember as I had a newborn baby and they would call waking him/ us several times a week.)

I'd start at Thames Water with a letter proving that I'm not Katie so that they remove the number if they are the ones passing it on. Plus get details of the latest agency when they next call and copy them in.

Can you block the debt collectors number on your phone each time one of them calls?

I also have this. Someone has given my number out and I was getting 2 to 3 calls a week from debt management companies. Update Experian and Equifax and let them know the details. I only get a few calls now where the debt has been sold on.

Set up a new email address Idontknowanyonecalledkatieellis and just copy and paste that into the email address 1000 times or so, Put your phone number that they already have too - and say this is not her number either.

Sign off it it with yours truly
still not Katie Ellie