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?

not email address - body of the email

They will have passed them the full file with all information as the debt agency will have bought the debt.

She could have had your number before you had it, the mobile phone companies recycle old numbers, I changed mine for this very reason, I had a new line with new number and was bombarded with nuisance calls for this guy

I've told everyone who has ever called me that I'm not Katie Ellis. I can prove it conclusively, and have done so, repeatedly.

I've spent hours on this over the last few years. I'm hundreds of miles away from the service provider that's owed this money, and have always been hundreds of miles away.

It's taken hours of my time over the last few years, and to have to do it repeatedly is so incredibly frustrating and infuriating. I've escalated it this morning via the CCW and will pursue it to the end, till they all correct their records.

I'm just anxious that my telephone number is clearly associated with a long term bad debt, and just hope my credit rating etc isn't affected.

If you're techy you could set up a flow like in microsoft power automate to send these for you

No, it's not a reasonable solution.

Can you block the number?

It is not bad advice. I work in this area and I can promise I know what I am talking about.

Op, your credit rating won't be affected, it's only your phone number they have, please don't worry about that.

I'm blocking them each time, yes.

I had no idea that debt agencies purchase debts. So the fact that the company who is contacting me changes over the years is to do with the debt being sold on? Goodness, she must owe an awful lot for it to be worth that effort.

All the more reason for me to get my phone number un-linked to her name.

Thanks everyone for the advice, etc. I won't be changing my telephone number, that would be inconveniencing myself an awful lot seeing as I use that number for my own business. It's so frustrating that this keeps popping up, but if the debt gets sold on, then I can see why that happens.

Thanks for this. This has been my main concern. It's tough enough as it is without being saddled with a reputation that I didn't earn myself!!

log a complaint with TW - once deadlock letter received then escalate to ombudsman. Also try Credit Karma to check your credit file for free.

It may be a data breach, wrongly associating your phone number with bad debt and passing that on to other companies, knowing they will be calling you. I suggest reporting your concerns to the ICO.

I've spoken to a very nice man at CCW who talked me through the 2 stages I need to go through with TW before they can take over on my behalf. Procedures must be followed, by me at least. So an official complaint has been submitted and they've got 2 goes to sort it out before the big boys take over.

It's just so weird that TW say they can't search their records and find this Ms Ellis and change the info. Surely you can search a customer database using a phone number? Their reluctance to do that makes me wonder if they'd rather have a wrong telephone number for her than no telephone number for her.

Some databases dont have the facility to search every field, annoyingly

I'm not sure I'd share my address with a debt collectors who is refusing to stop calling me when I've told them they have the wrong number! I wouldn't want them on my door.

I'd be tempted to say you have the wrong number and block, every time they call.

Edit: sorry not RTFT and now see that you've done that already, good luck OP xx

I had a bailiff walk into my house once looking for the previous tenant, who owed loads. I ended up complaining and getting huge apology and flowers from the company involved. Turned out they had not carried out due diligence and had unleashed debt collectors to my address even though they knew the person who owed all the money had moved. So deffo complain. And even if they have your address where you are now - you can prove you are not the person they are looking for. They cannot give you a bill in your name that you owe.

There’s very little you can do
about it. An ex-colleague of mine has a similar problem in that the previous owner of her mobile number gives out the mobile number and my colleague has had numerous debt etc calls over the years. She regularly appeals on Facebook to see if she can track down the woman/her family and get it to stop!

To be honest, if they did decide to visit me at home I think the approx 400 mile journey might go part-way to convincing them that it's not my debt! I've got documents going back 40 years with various scottish addresses on them, I'm sure i'll have something that fits the timeframe they're pursuing her for.

It might only be a couple of hundred quid. The debt agencies buy debt at a huge discount, they know that much of it won't be recoverable. They toss minimal effort at each and hope to pick up enough easy ones to cover the amount the paid for the block of debts they bought.

Imagine the scenario:
Kate Ellis has a contract with TW. She moves on from that address without settling her bill or leaving a forwarding address. TW have a name and a former address against a debt for an unpaid bill. They might have a mobile number (yours) associated with the bill. But they might not. If they don't they look up "Kate Ellis" with a variety of data brokers and find the name associated with your number. It's probably an error, someone swapped a couple of digits entering details ten years ago. Might have been an old credit application, or it might have been something else. It might not even be the right Kate Ellis. They use this data (the number) to try and pursue the debt. When TW get nowhere they give up and put the debt to one side. Later that debt is sold to a collection agency that figure they'll have a go. They find the same Kate Ellis data with your number attached, probably from the same bad data source TW did. They have a go. They get nowhere (because you block them) and they hand the debt back to TW, or they sell it on to another debt agency. Rinse and repeat.

Yep agree with this.

A faff is better than putting up either all the calls and investing all the time and energy into trying to sort this out.

I agree with the idea of sending the debt collection people a copy of your mobile phone bill showing your name and the telephone number. Don't show them the address though, as they'll likely use that against you!

I caveat with the following - I am not a solicitor!

ChatGPT has come up with the following Cease and Desist letter:

"Dear DebtCollector

I am writing to formally request that you cease and desist all collection activities regarding the alleged debt associated with my telephone number (07XXX XXXXXX), as this debt does not belong to me.

I have received numerous communications from your company regarding an account that you claim is owed by Katie Ellis, but I am not that person and have no connection to this debt.

I provide proof that I am not Katie Ellis with the enclosed copy of my mobile phone bill, showing the telephone number you are using to try and contact Ms Ellis and my name.

Under the UK Consumer Credit Act and the guidance set forth by the Financial Conduct Authority, I request that you stop all collection efforts and refrain from any further contact with me regarding this matter.

Please conduct a thorough investigation and confirm in writing that you have removed my details from your records and that no further action will be taken against me.

Thank you for your prompt attention in this matter. I look forward to your confirmation.

If you do not cease and desist your collection activities, I will have no option but to appoint a solicitor to deal with your harassment.

Yours faithfully

Cocoapuffpuff
cocoapuffpuffatgooglemail.com"

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Many years ago I answered an unrecognised number on my phone and this bloke just went "Katie?". I said, "no, sorry - I think you have the wrong number"

He said "no I ain't", so I said "yes you have", so he said "no, I ain't", so I said "well, I'm not Katie, so clearly you have" and he went mental at me! I hung up on him and he kept trying to call over and over again.

I imagine she gave him a fake number because she never wanted to hear from him again. I wonder why!

Thankfully after not getting through to me again he gave up.

Hmmm.

I guess I'll just have to get used to blocking them in that case, and hope they eventually track her down. I don't envy her when they do catch up with her. I'm assuming they add interest.

So is your address associated with this? if not tell them to just crack on ancollect the debt, doubtful they will turn up on your doorstep if its only your mobile number associated with the debt. if they do, then you'll know its also your address and then you canprove your supply s with somoneelse.

Unusual for a debt collector to phone,not just turn up on the doorstep anyway

@CocoapuffPuff Have you read this article in the Guardian about this exact scenario?

Please don't try and scare the OP!

It is a very different scenario. Neither the OP's name nor address have been associated with the debt. Just a mobile number with the wrong name.