Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Is this a GDPR breach?

58 replies

CocoapuffPuff · 17/10/2024 12:17

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?

OP posts:
CocoapuffPuff · 17/10/2024 14:08

ElaborateCushion · 17/10/2024 14:02

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"

----------

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.

Thank you. I've C&P this so I have it ready for next time.

OP posts:
CocoapuffPuff · 17/10/2024 14:13

Oh flip, that article is scary, but no, they've no idea of my name or address. I mean, Thames Water do now as I've told them this as part of my ID in my complaint. This was done on advice from CCW (who I spoke to first, and who have registered my complaint already). The debt itself is registered to Katie Ellis, it's just the phone number linked to her name in TW's files is mine.

What a mess.

OP posts:
sleepyscientist · 17/10/2024 14:40

I would just change your number and do a call forward for a while so your clients know. On the other hand we still get debt letter for the previous owner of our house I just return them with a copy of the sale and they stop chasing

HappiestSleeping · 17/10/2024 14:42

I wouldn't worry too much about giving your name and address. The worst that can happen is that either you end up with the bad debt associated with you, or you get the debt collectors chasing you.

In either instance there are several ways to sort it, all variations on the same theme. You have had no bill presented to you for a property you have ever occupied, and so it cannot be your debt. If that fails, I've found a response of "fine, let's go to court and see what a magistrate makes of you pursuing me for a debt clearly belonging to someone else, whereupon I will be charging you for my time at £500 per hour wasted".

That usually does the trick.

CocoapuffPuff · 17/10/2024 14:49

Thanks Happiest. The debt collector is now texting me. I realise it's an automated thing but fuck me, it's irritating. I may just call them back and give them an earfull.

OP posts:
HappiestSleeping · 17/10/2024 14:52

CocoapuffPuff · 17/10/2024 14:49

Thanks Happiest. The debt collector is now texting me. I realise it's an automated thing but fuck me, it's irritating. I may just call them back and give them an earfull.

I'd probably be tempted to invite them to take you to court every time they ring. They will have heard every excuse under the sun, which is why you are getting no traction from debt collectors. Thames Water are the only ones who can really cancel it.

CocoapuffPuff · 17/10/2024 15:03

I just answered the phone to them and spoke to a young woman, who was nice and helpful.
Surprisingly they accepted me on my word that I wasn't Ms Ellis, that I didn't know her and that it wasn't my debt with Thames Water, that I've lived in Scotland all my life and that they needed to remove my number from her acocunt and to stop harrassing me. My number is no longer on her account, according to the lass I spoke to.
That was almost too easy. I'm not going to hold my breath but that was a LOT easier than the last debt collector who just would not accept that I wasn't the debtor.

OP posts:
AgreeableDragon · 18/10/2024 06:41

DogInATent · 17/10/2024 12:58

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.

Edited

Exactly this!

New posts on this thread. Refresh page