Is this legal? I've just had a call.
Is this legal? I've just had a call.
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aclivity

Original Poster:

4,072 posts

217 months

Friday 13th February 2009
quotequote all
I've just had a call at home, it was a very short conversation that went like this:

Me: "hello"
Caller: "Hello, is that Mr. H###"?
Me: "speaking"
Caller: "Hi, I'm trying to find someone named Gail H###, is she a relative of yours?"
Me: "No, not at all".
Caller: "oh, right, sorry to bother you".

Having CLI on the phone, I did a quick Google search (01254 844088) and it's come up as a debt collections agency called J2 Solutions, who are part of Mackenzie Hall group. A slightly less quick Google shows that they seem to specialise in finding old debtors, and aren't very nice people.

As they weren't looking for me (and I don't know any Gail H###s) I'm not overly worried, but I guess they are looking for someone named H### in the north west and are going through all of the names in the phone book? Is this legal ... I can't what law it would break, as the phone book is in the public domain. I thought I was ex-directory though, but having just checked on the online version I'm there (oops!).

Deva Link

26,934 posts

274 months

Friday 13th February 2009
quotequote all
In what way would it be illegal?

aclivity

Original Poster:

4,072 posts

217 months

Friday 13th February 2009
quotequote all
Deva Link said:
In what way would it be illegal?
That's my question with fewer words, thanks for that.

funkyol

1,816 posts

248 months

Friday 13th February 2009
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There can't be many people with the surname 'H###' so I expect they will find her relatively quickly.

Mr_annie_vxr

9,270 posts

240 months

Friday 13th February 2009
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aclivity said:
Deva Link said:
In what way would it be illegal?
That's my question with fewer words, thanks for that.
Of course they could have been after you. You've now confirmed you live there.

I never give my name or confirm it unless I know who I'm talking with.

bramley

1,692 posts

237 months

Friday 13th February 2009
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Mr_annie_vxr said:
You've now confirmed you live there.
D'oh!

Does sound to me like a sneaky trick has been played and that the debt dudes are after the chap that answered the phone.

Deva Link

26,934 posts

274 months

Friday 13th February 2009
quotequote all
aclivity said:
Me: "No, not at all".
Methinks thou doth protest too much.

s3fella

10,524 posts

216 months

Friday 13th February 2009
quotequote all
aclivity said:
I've just had a call at home, it was a very short conversation that went like this:

Me: "hello"
Caller: "Hello, is that Mr. H###"?
Me: "speaking"
.
Tel him you have not heard of them since they left "Steps"!

Landlord

12,689 posts

286 months

Friday 13th February 2009
quotequote all
It's ulra-illegal and the government and law enforcement agencies are really hot on it at the moment. Ring 999 (no point waiting for your local nick to answer) and say that someone phoned you and asked you if you knew someone, which you don't, and then, when you confirmd you didn't, they said thanks and hung up.

These vile creatures make me sick. Worse than paedophiles, IMO.

You could apply the above to the question "In what way would it be illegal?" if you fancy thinking it through for yourself.

aclivity

Original Poster:

4,072 posts

217 months

Friday 13th February 2009
quotequote all
Luckily, I don't have any outstanding debts, nor have I ever had any that have not been completely paid off. I'm from that slightly old fashioned era of "saving up to buy things" and "if you can't afford it, you can't have it".

Unless RBS are getting heavy on the mortgage borrowers these days, and it was a polite reminder to pay up!

I shall watch this space, so to speak, to see if anything else happens.

10 Pence Short

32,880 posts

246 months

Friday 13th February 2009
quotequote all
funkyol said:
There can't be many people with the surname 'H###' so I expect they will find her relatively quickly.
Unless they made a right hash of it.

Ok, ok, I'm leaving...

s3fella

10,524 posts

216 months

Friday 13th February 2009
quotequote all
bramley said:
Mr_annie_vxr said:
You've now confirmed you live there.
D'oh!

Does sound to me like a sneaky trick has been played and that the debt dudes are after the chap that answered the phone.
Confimration of it being a Mr h### is not enough, they would have then said "Mr, Dave H###?"

but it could be the mob after the OP with sticks and raging death on him, when he is not expecting it, like the middle of the night......or tomorrow at 11.34am....Muhahahhaahahhaha!

Plotloss

67,280 posts

299 months

Friday 13th February 2009
quotequote all
If you asked them where they were calling from and they confirmed it was a company and they told you the name and the person they were looking for, would that not be a breach of the DPA?

aclivity

Original Poster:

4,072 posts

217 months

Friday 13th February 2009
quotequote all
Landlord said:
It's ulra-illegal and the government and law enforcement agencies are really hot on it at the moment. Ring 999 (no point waiting for your local nick to answer) and say that someone phoned you and asked you if you knew someone, which you don't, and then, when you confirmd you didn't, they said thanks and hung up.

These vile creatures make me sick. Worse than paedophiles, IMO.

You could apply the above to the question "In what way would it be illegal?" if you fancy thinking it through for yourself.
Gosh, what a wit.

As I said, if you want to wade through the first post and, taking your own advice, think it through for yourself, I can't see in what way it would be illegal, unless perhaps there are applicable harassment or telephony abuse laws - it's certainly not against data protection law. However, it is an odd call; in the same way as if someone stopped me in the street and said "you're a bloke, we are looking for a bloke, do you know him?".

Meeja

8,290 posts

277 months

Friday 13th February 2009
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Plotloss said:
If you asked them where they were calling from and they confirmed it was a company and they told you the name and the person they were looking for, would that not be a breach of the DPA?
Not really, only breach of the DPA if they said WHY they wanted to speak to said individual. (Happy to be corrected if wrong, but that is my understanding of the DPA)

Landlord

12,689 posts

286 months

Friday 13th February 2009
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aclivity said:
Antsy stuff
You're quite highly-strung, aren't you.

LeeThePeople

1,302 posts

212 months

Friday 13th February 2009
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I work in debt enforcement and although i dont know whether its illegal or not its certainly against our licensing rules. If one of my employees was doing that they would be fired as they would risk me losing my license.

When someone calls you, always find out who they are before you let them know who you are. Tell them no-one at this number accepts anonymous calls and hang up if they dont identify themselves.

Podie

46,649 posts

304 months

Friday 13th February 2009
quotequote all
I conducted a due dilligence exercise for a previous employer, and visited a few collection type places. Very interesting.

Basically, they have a team of people trying to trace debtors.

They go through old Govt records, phone books... all sorts. They'll phone neighbours, people with the same name etc.

Whilst I believe they have an obligation to tell you who they are calling from (name often means nothing), you are under no obligation to tell them anything.

What is interesting, is that whilst I was listening in, the number of neighbours or releatives that will tell you everything about the debtor is stunning. Everything from full addresses, to the new car they bought, or (get this!) offer to phone back with further information (and do!).

aclivity

Original Poster:

4,072 posts

217 months

Friday 13th February 2009
quotequote all
LeeThePeople said:
I work in debt enforcement and although i dont know whether its illegal or not its certainly against our licensing rules. If one of my employees was doing that they would be fired as they would risk me losing my license.

When someone calls you, always find out who they are before you let them know who you are. Tell them no-one at this number accepts anonymous calls and hang up if they dont identify themselves.
Thankyou for that.

ETA is there an applicable piece of licensing rules I can refer to, or is this a public licensing condition?

Edited by aclivity on Friday 13th February 15:06

Risotto

3,933 posts

241 months

Friday 13th February 2009
quotequote all
I'm pretty sure I read in the weekend paper a while back that these agencies buy up old debts for a nominal fee and then try and recover the debt themselves.

I think it also said they have absolutely no legal authority to make you pay back the debt. I suspect they're careful about how they word their letters but I think you're perfectly within your rights to just chuck them in the bin. Strange.

As to whether they can ring up random people during the course of their investigations, I would have thought it was perfectly legal. Their profits rely on their ingenuity I guess, so they'll probably try all sorts of odd tactics to recover their money.