Previous Tenants debt but I am being harassed by telephone

[Purpleyheyjude59]

I moved into my property in October 2011 and since I connected my BT phone line I have a machine call my home daily from 8.00am onwards until 9.00pm and a "robotic" voice asking for a tenant from 16 years ago! This has been going on since January now and is driving me insane.

After the first 3 messages I called the number given and asked politely if they could please stop calling as me as this person does not live here and has not done so for 16 years, is not known to me, current whereabouts unknown (I asked the Landlady if she knew of this persons whereabouts, but she doesn't), and that I had received this number in October 2011. They refused to do so unless I provided my full name, full date of birth, date tenancy commenced, my council tax reference number and proof by post (copy of my passport) of who I was!!!!!! I DON'T THINK SO. When I refused to give any of this information the woman said "then I believe you ARE the person we are seeking and will continue to call you daily until you provide arrangements for settling this debt". Then she hung up.

I called BT to ask them to block the number but was told that this can only be done if I pay £3.30 a month - why should I have to pay to stop harassment from a debt collection agency when the debt is nothing to do with me? I do not know who they are collecting for, but I googled the phone number and it comes up with "City, State and country unknown". A few other people have the problem, but no (cheap or easy) solution. BT will change the number for free, but then I have to have my business cards etc re-printed (expensive) and let everyone else have my new number (a nuisance). Why should I have to go to these extremes for something which is nothing to do with me?


I then called the Police to ask if they could log my concerns and assist in any way due to the volume of the calls (10-15 daily). I asked if they could call the number, tell them they (the Police) are satisfied I am who I say I am and NOT the person they are chasing, (obviously providing the police with details first) but I am disappointed to say they couldn't care less and told me change my number or to go to CAB to get them to write a letter.

Any ideas people other than changing my number or paying BT?

Thanks

Jude.

[labman]

Re: Previous Tenants debt but I am being harassed by telephone

Hi Jude,

Do you know who is calling you - the name of the DCA?

If we know that we may be able to move forward. If you don't know it, if you could post up the phone number calling you so much, we may be able to track it down.

[Purpleyheyjude59]

Re: Previous Tenants debt but I am being harassed by telephone

The number is 0844 854 0517. I have found several references to this number since searching further, but all the comments are from people like myself who are being hassled about an unknown person all from this same number. None of them have been able to find the name and were refused the address when calling the number to ask ...

My next call will be to OFCOM on Monday when they re-open.

Any assistance greatly received.

Jude

[labman]

Re: Previous Tenants debt but I am being harassed by telephone

alan.white@homeshoppingdirect.com

I think you'll find it is Ambrose Wilson. Above is the e-mail of the Chief Executive Officer for them. i would suggest a stiff, well worded e-mail may be in order quoting harassment law. I'm about to eat, but I'll try to remember to post up the legislation, and a template letter later - if I forget, feel free to pm me.

[bluebottle]

Re: Previous Tenants debt but I am being harassed by telephone

Try Sections 2 & 7, Protection from Harassment Act 1997 and Section 127, Communications Act 2003. Also, quote Ferguson -v- British Gas Trading 2009. This case law refers to harassment of individuals by companies. You could, at a push, throw Section 21, Theft Act 1968 (Blackmail) at them. Also, they are in breach of the OFT Debt Collection Guidelines. I'm attaching some of the above legislation with a further one to follow.

UPDATE

Unfortunately, I am unable to upload the Communications Act 2003 due to it being a hefty epitome. Sorry about that.

[labman]

Re: Previous Tenants debt but I am being harassed by telephone

Here you go. They can get far worse - start gently and see the initial response.

Dear Sir,

I am writing to complain about the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing. I have already verbally requested that these stop.

I am being pursued for the debt of a tenant who lived at my address some 16 years ago. Despite pointing this out to your staff, I have been asked for intrusive amounts of proof as to my real identity, including my passport. This is ridiculous - perhaps I could suggest you check the electoral roll. There is no doubt in my mind that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

I draw your attention to the recent Harrison v Link Financial case in which HH Judge Chambers outlines the predatory way in which the account holder is hounded. I quote, from this judgment:

"Cumulatively and damningly is what I find to be the way that MBNA and the Defendant went about recovering their debt. I am satisfied that the Claimant’s description of the way that he was hounded by his creditors is essentially correct not least in the use of “non-traceable” telephone calls. It seems to me that such conduct has no proper function in the recovery of consumer debt."

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you may be liable to a substantial fine and/or other sanctions as they see fit.

Given the intrusive nature and distress caused by your calls I suggest you should consider a mutually agreeable level of compensation by way of a goodwill gesture.

I look forward to hearing from you,

Yours faithfully,

[teaboy2]

Re: Previous Tenants debt but I am being harassed by telephone

You know if they were calling me that amount of times and failed to remove my number when i explained am not the person they are looking for and then tried telling me i was because i refused to give them personal information that could easily be used to steal my identity and when the onus of proof is on them to prove i am who they are trying to contact. Then personnally i wouldn't bother with the letter, id go straight in with issuing a claim under the harassment and malicious communications legislation. Though obiviously you need proof of the calls so logging the time and date of each call for a small period would suffice for that. Already having the ferguson v british gas as case law (Not forgetting Harrison v Link Financial too) to support your claim would virtually gaurantee a successful claim along with a transcript of the call where you told them you are not the person you are looking for, evidence of the call you made will be in your itemised phone bill which you can obtain from BT, showing who you called their number and when you called.

Off course issuing a claim is stressful, but youd get compo and damages and the company can be named and shamed publicly too, such as in the national news papers. So stick to Labmans letter for now, and if that fails well time to grab them by the balls and twist (the legal way) till they offer you a settlement i think.

On top of sending labmans letter you should also complain to the OFT for they are in breach of OFT guidelines, you should also complaint to the ICO as its clear as they believe you are the debtor, that they have likely given you the debtors name (by asking for them) and details of the alleged debt, which puts them in breach of both the data protection act 1998 and ICO guidelines too. They could be fined a large amount by the ICO and OFT along with stripped with their credit license which would actually prevent shop direct trading using credit terms which is a core part of its buisness operation.

Oh and heres a link to the communicatins act 2003 that Bluebottle mentioned but was unable to upload as a .pdf file due to its size - http://www.legislation.gov.uk/ukpga/2003/21/contents

And one for the The Theft Act 1968 - http://www.legislation.gov.uk/ukpga/...ntents/enacted

[Hurricane Puffrose]

Re: Previous Tenants debt but I am being harassed by telephone

just found this info for you

Call Information Commissioner on 01625545745 re data protection issues (refusal to update their records, and auto-dialling without being asked)
Watchdog for Debt Collectors is 01912865656

Caller: Reliable Collections

seems they collect for JD williams, Simply Be, Ambrose Wilson and Jacamo..

[Hurricane Puffrose]

Re: Previous Tenants debt but I am being harassed by telephone

Reliable Collections
Correspondence Address
Po Box 268
Manchester
M99 2BD


Registered Address
36 Houldsworth Street
Manchester
Lancashire
M1 1AG


Reg Company Number
00707759
Parent Company
N/A
Consumer Credit Licence
0006134
Website
No Company website

http://www.debt-line.net/Reliable-Collections