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Debt Collectors

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Beechy101 | 19:54 Tue 23rd Apr 2013 | Law
7 Answers
Hello.

For almost 10 years i have been receiving letters from debt collectors regarding an outstanding credit card debt in my fathers name.

I share the same name as my father but haven't had any contact with him for almost 20 years so the letters always find their way to me.

Each time i receive a letter i ring the company, explain that i am not who they think i am & they say something along the lines of "we'll wipe you from our database", but obviously the debt just gets passed on to another company.

This debt was on my credit report at 1 point & even affected my mortgage application.

What i want to know is, is there any action i can take against these companies cos i don't want the debt associated with me any more?
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I don't think the debt is associated with you. It doesn't appear on your credit report. The debt is your father's debt but they don't have his address so will continue to write to his last known address which is now yours. If you know what address he moved to then if you give them the info it may help them in their search. If you don't I'm not sure how you convince them he isn't at your address
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It did appear of my credit report last time i checked & my father hasn't lived at the address i live at now. In fact he's been out of the country for 15-20 years & have no idea where,
Okay- when you said 'it appeared on there 'at one point' I assumed it was there but isn't now. If it's still there ask the credit reference agency to remove it.
I wish you luck but I can understand why they keep writing to you if you share the same name and your name is on the electoral roll
Write (recorded delivery) and tell them they are in breach of the Data Protection Act and that unless you hear from them within 14 days that they have deleted your address from his details you will report them to the Data Protection Controller.
I thought you had a right to correct entries on your credit rating - not expunge but put in your side.

Anyway Here are the 8 data principles that the credit companies have to follow:
http://www.belb.org.uk/downloads/foi_data_principles.pdf

and you will see that 4. is accurate and where necessary up to date

so clearly you have a claim on that.

Start off with the data controller at the debt collectors
and THEn refer to the Information Commissioner.

by experience the IC is great on freedom of info
and pretty crap at data protection

but that sholdnt stop you from going down this road.

I had a problem from a bankrupt that had previously lived in the house I bought. The credit rating agencies are not too big a problem, as you can submit a written disclaimer that they have to add to the record.
With other companies, I suggest you demand a copy of their complaints procedure, and send in a formal complaint, in writing. In my experience, phoning is a waste of time. You will just get a pimply youth on minimum wage with neither wit not authority to deal with the problem.
The reason you keep getting letters from debt collectors after ten years is because these debt firms just keep selling the debt onto other debt companies.What you can do is contact the current debt company informing them the 1884 Bills and Exchange law clearly states debts cannot be sold,bought or tranfered,and if they do transferer this debt you will take legal action.

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