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Potential GDPR breach ref IVA

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  • Potential GDPR breach ref IVA

    Hi all, would be great to have some advice on the following.

    I am am currently in dispute with a Solicitors ref a private parking charge.
    They recently sent me a letter before county court claim which I responded. Within the response I mentioned that I was currently in an IVA and attached proof from my IVA provider.

    So, the weeks go on and I receive no response (expected) until I receive a call from my IVA supervisor advising that the solicitors has filed a proof of debt form to try to add the charge to my IVA. Within the bundle they provided copy’s of my appeals, photographs of my vehicle, car park in question. My IVA supervisor contacted the solicitors in question to advise they are unable to add it onto my IVA. This was done without my permission. Is this legal?

    I have since received court papers which with the help of some experts I will be defending.

    Many thanks in advance.
    Tags: None

  • #2
    Within the response I mentioned that I was currently in an IVA and attached proof from my IVA provider.
    I think it may be important what you said in the reply to the letter of claim, if it could have been taken that you were instructing the solicitors to deal with your IVA provider about the debt, rather than that you were opposing the debt. TBH I'm not sure why you'd send a parking charge company your IVA details if the charge was disputed. Have you got a copy of the response you sent and the 'proof' from your IVA provider you sent ( minus identifying details ) - eg did that proof contain any instruction to deal with the IVA provider etc.
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    • #3
      Thanks for such a quick response. I don’t have a copy to hand but what i said was ‘I am currently in an Individual Voluntary Arrangement which will not be ending until XXXX. I have attached a copy for your reference.’

      the reason I added that was because this company in question are known to bail out at the sight of a strong response to a LBCC the other reason was to potentially put them off proceeding with court due to the fact they potentially see the money for several years.

      I have no issue with this going to court. I have several key points which I have backed up both numerous other case details but it is hassle that if it can be avoided is better.

      Comment


      • #4
        I would highly doubt this is a data breach. You have freely given your IVA information to the parking company, quite why you thought that sending them your IVA details would get them to bail out I am not quite sure but nonetheless since you provided that information then they were free to pursue that course of action since there is a legitimate interest in doing so.

        Even if you didn't give them any information and they carried out some financial checks pre-proceedings and stumbled across you being under an IVA, that still wouldn't amount to a data breach because there is a legitimate interest but also that it is in anticipation of legal proceedings or potential proceedings.

        Not the way I would have approached it but each to their own I guess.

        Comment

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