Hello, everyone. Can anyone help on data protection?

[ebbcourt]

Dear all

Just joined. My immediate issue is one of data protection. I'm currently involved in a civil dispute with a company over an alleged debt. I dispute the debt, but that is not relevant for the current issue. So far no proceedings have been taken in the County Court, and there is no CCJ. If and when the case comes to court and I lose then I will pay up. In the meantime I have had a letter from a debt collection agency. Can anyone help on the question of data protection. Can a company pass my personal information to a debt collection agency when there is no court order relating to the debt?

[strong123]

Re: Hello, everyone. Can anyone help on data protection?

Hi and welcome to legal beagles.

Unfortunately, yes they can. You should however have been sent a letter from the original creditor stating so and a letter from a dca stating that the debt is "assigned" to them. This is called the "goodbye/hello letter"

You are in the right place and there are many here who will be able to assist you should you want/need it.

It might be a good idea to outline some details of this debt in order for people to be able to assist you.

[teaboy2]

Re: Hello, everyone. Can anyone help on data protection?

Hi and welcome to legal beagles.

Unfortunately, yes they can. You should however have been sent a letter from the original creditor stating so and a letter from a dca stating that the debt is "assigned" to them. This is called the "goodbye/hello letter"

You are in the right place and there are many here who will be able to assist you should you want/need it.

It might be a good idea to outline some details of this debt in order for people to be able to assist you.

Not entirely correct am afraid.

Only time the creditor needs to inform the debtor that the account has been assigned to a DCA is when the debt is sold, this is called notice of assignment - Though DCA usually send that themselves using the creditors letter head in the same envelope as the DCA welcome letter.

In most cases a DCA is merely acting on the creditors behalf so the creditor still owns the debt. In which case the creditor does not need to notifying the debtor and the DCA may write to the debtor simply stating something along the lines of "we are acting on behalf of our client (Usually named in the letter somewhere) to whom you owe a debt of £xx".

In regards to the Data Protection act and them being allowed to pass your details for collection by a DCA - Thats is correct, as in the original credit agreement there will be a term allowing them to do so and to share your details with credit reference agencies.

[strong123]

Re: Hello, everyone. Can anyone help on data protection?

Not entirely correct am afraid.

Only time the creditor needs to inform the debtor that the account has been assigned to a DCA is when the debt is sold, this is called notice of assignment - Though DCA usually send that themselves using the creditors letter head in the same envelope as the DCA welcome letter.

In most cases a DCA is merely acting on the creditors behalf so the creditor still owns the debt. In which case the creditor does not need to notifying the debtor and the DCA may write to the debtor simply stating something along the lines of "we are acting on behalf of our client (Usually named in the letter somewhere) to whom you owe a debt of £xx".

In regards to the Data Protection act and them being allowed to pass your details for collection by a DCA - Thats is correct, as in the original credit agreement there will be a term allowing them to do so and to share your details with credit reference agencies.

Thanks for that teaboy, I actually thought that it was standard for them to send the hello/goodbye letter. I'm learning something everyday about these dca's. Thanks for the correction.

[ebbcourt]

Re: Hello, everyone. Can anyone help on data protection?

Many thanks. The alleged debt relates to a parking charge notice. I live in a block of flats (I have a 200 year lease) and my lease gives me the right to use a numbered parking space. A system was introduced to prevent unauthorised parking which required residents to display a permit, which I had no problem with. One day the permit was inadvertently obscured and I got a notice demanding £100. So far as I can see any proceedings relating to this amount relate to an alleged breach of contract. My case is largely that even if there is a contract it is unreasonable to enforce it once the circumstances had been explained, that any technical breach was easily remedied, had led to no loss, and that the amount demanded for exercising a right I already had was on any scale unreasonable. I may or may not have a case, but I'm fighting it anyway. I have carefully explained my case to the parking company (talk to the wall) and offered £30 in full and final settlement, since that's a reasonable sum to park a car and send a few letters, even if I don't think I ought to have to pay. If the case does go to court I want to show that I have been reasonable, and I made it clear that there was no admission of liability. I have read quite a bit on the DCA bit of this forum, but that seems to relate to debts regulated under the Consumer Credit Act, and I'm not sure whether this applies here. Any pointers on any of the points raised in this and my earlier post would be gratefully received.

[teaboy2]

Re: Hello, everyone. Can anyone help on data protection?

You say you have a 200 year lease, does your lease include the parking bay? If so then they won't stand a chance in court as the parking bay would effectively be your private parking bay owned by you under the lease - you shouldn't even need a permit to park there! It like your landlord saying you need a permit to park in the driveway of the front of your house!

Also if my assumption above is correct about the bay being included in your lease, then you would have grounds to sue the landlord for harassment and breach of contract (lease agreement) in regards to the parking Bay.

Ca you provide more details on this system that was introduced and whether it replaced the actual original term (you may think it did, but it may not actually do so) in your lease were the bay was under your lease agreement? Did you sign anything that stated the system means that the Bay is now no longer a part of your lease agreement?

[ebbcourt]

Re: Hello, everyone. Can anyone help on data protection?

Many thanks. I fear that though the lease gives me the right to park in a numbered parking space (which is shown on the plan attached to the lease) it does not confer any legal interest in the parking space and is effectively a licence. The land registry record shows my legal interest to be in the flat itself - there is no mention of the parking space.

The new parking system was introduced some four or five years after I occupied the flat. Residents were sent a letter and a parking permit, but there was no signed agreement. As I say, I had no problem with the system, since it is in residents' interest to discourage unauthorised parking. The contract to operate the new scheme was contracted out a private parking control company. The landlord's agent has consistently said that they cannot intervene in any dispute between a resident and the parking control company. Notices are displayed in the car park, and it is on these notices that the company relied for the alleged contract, since they say that in parking a vehicle you agree to the conditions set out in the notice, which include the clear display of a permit. As I say, on one particular day the permit was inadvertently obscured (though still visibly a permit of the official pattern). I accept that this is a technical breach of the conditions on the notice. The question I have so far concentrated on is whether it was reasonable to enforce it once I had demonstrated that I had a right to park there under licence of the landlord. There is, of course, the prior q
The first question I considered was whether there was a valid contract. Given that I already had the lan

[ebbcourt]

Re: Hello, everyone. Can anyone help on data protection?

Sorry this got posted before its time. To continue

There is of course the prior question of whether there is a valid contract, given that it is offering me only a right I had already. It is as if someone had invited me to enter into a contract to go into a Post Office provided I was wearing a green hat. The fact is that I already have the right to go into a Post Office, and the offer allegedly granting me permission to do so is not actually within the gift of the offerer.

Again, all thought gratefully accepted.