Some legal advice wanted please

[purple170503]

I have been receiving unwanted mail from a Channel Island Company for some time. I have over the last few times sent it back requesting they remove me from the mailing list. Today I had a load more so rang up to complain and get them verbally to remove my address. I was then told that I had placed 3 orders with them in 2007 and 2008. Knowing 100% that I hadn't I have asked for further information. Orders have allegedly been sent via Royal Mail to this address but we have never received any items. This then causes other issues as to how they got the parcels.

They have now told me that they cannot provide anything other than order numbers as have been taken over and old details deleted. Further more the account was set up over the phone and the only details used were my last name and address.

I have told them I want as much information as possible as a possible fraud has taken place, in addition there may be issues in relation to the Data Protection Act. At the moment I don't know if there has been any card cloning, need to go in the loft and where I stand with a card issuer after this time.

Can anyone please give me some advice/ guidance as I know there are sometimes issues with Channel Island Co.s and a bit rusty with the DPA.

Is there any way of finding out what cards are held against your name?
Thanks

[snapsnap]

Data Protection Act - companies are obliged to let you know what details/records thay have on file for you.

[Matty777]

Is there any way of finding out what cards are held against your name?
Thanks

Experian are probably the best bet. Sign up for free 1 months trial, when you have found out the ins and outs of everything you owe and have your name to, cancel your subscription by phone. very easy.

[Samdy Gray]

What snapsnap said. Or that's how it works under UK law. Channel Islands can be a bit different.

Under UK law It's called a Subject Access Request and the company is allowed to charge you a maximum of £10 to provide you with all data that they hold about you.

[m8internet]

Was the number you phoned ACTUALLY that company?
Does the company exist and match that phone number?

My usual solution is to send the mail back without a stamp, that usually solves it!

You could also refer the address to the mail preference service

As the company is in the Channel Islands then a DPA request is pointless
As above, I would perform a credit and identity check, just to make sure there isn't a clone card present (your name but not your address)

Finally, you may find it is a company exploiting a short coming in the UK law
They send out demands / invoices for orders that have never existed
You then contact them and fill in the blanks, bingo job done...
All they need is your name and address, this confirms the address is in use and active, and this is enough to clone a card and start exploiting it

If you are at that stage, you need to take all your evidence and material ( I do hope you have kept originals and copies) to the local Police so that an investigation can be commenced or referred to

[purple170503]

Was the number you phoned ACTUALLY that company?
Does the company exist and match that phone number?

My usual solution is to send the mail back without a stamp, that usually solves it!

You could also refer the address to the mail preference service

As the company is in the Channel Islands then a DPA request is pointless
As above, I would perform a credit and identity check, just to make sure there isn't a clone card present (your name but not your address)

Finally, you may find it is a company exploiting a short coming in the UK law
They send out demands / invoices for orders that have never existed
You then contact them and fill in the blanks, bingo job done...
All they need is your name and address, this confirms the address is in use and active, and this is enough to clone a card and start exploiting it

If you are at that stage, you need to take all your evidence and material ( I do hope you have kept originals and copies) to the local Police so that an investigation can be commenced or referred to

Yesthe compnay is the real company and does m,atch the correct details. I have sent several items of post back to them already and it was only because they have continued to send mail that I then rang this AM to find out what has happened. I am very concerned that they have allowed an individual to open an account with them in 2007 with only a last name and an address with no checks being carried out. In relation to the DPA the question I am asking is whether they have committed any offences uner the Act as my knowledge of this piece of legislation is limited.

At the moment this points to a cloned card but the sent goods appear to have been intercepted prior to arrival at my address as we certaily never received them, at first I thought it was ordered for delivery to another address with my address as the card registered address but apparently not.

[rockh]

I would doubt the DPA can be used as the channel islands are a protectorate and self governing like the Isle of Man.
They will have their own version of the DPA as to what info you will be able to get no idea.