Data Protection

[patrol30]

Hi Guys,

Looking for a bit of help here, drafting a letter to IQor scum bag collectors and have came a bit unstuck at a bit.

The debt i am writing concerns a debt with no liability as its covered under a trust deed(IVA in England) these idiots are trying to harass my mate even though its against the law.

I am looking for some official template or advice how i could stop them passing her data along as its a breech of the data protection act. I would also like to send a request to blair oliver and scott asking why when they new that this debt was covered under a trust deed why they passed the data to a collection agency.

I have done a reasonable job with the harassment side but the data protection act looks like a 3 year old wrote it.

Thanks

[patrol30]

Re: Data Protection

Its my understanding that when she was defaulted the agreement ended hence the right to pass on any data ceased as that was contained in the agreement given that the liability also ceased to exist i cannot see how her data is being legally passed around. Is this correct?

[bluebottle]

Re: Data Protection

The best thing is to go to the ICO's website at www.ico.gov.uk and download a complaint which should give you the necessary template you need for data protection issues. I would also advise a formal complaint to OFT Credit Fitness Team against the DCAs involved. I'm attaching a document that takes you through the process of making a complaint against a bailiff company, but the process is more or less the same for DCAs. I am a retired policeman and would be interested to know what sort of things these DCAs have done in the way of harassment.

[patrol30]

Re: Data Protection

Hi Bluebottle,

Thanks for the advice, to be honest all they are doing is phoning about 4-5 times a day and sending letters every third day. BUT that is not the point i am making to them, my point is they have zero legal right to contact us the debt and her details should not even be in their possession as its all been dealt with under Scottish law.

I know this is minor but these companies are really starting to bug me and i think they should be challenged at every point, they just seem to think they are above the law. The letter received today made numerous threats about doorstop visits. What would happen if that was some vulnerable old person, how dare they make threats like that when they do not even know the debt exists and in this case the debt does not exist.

sorry rant over

[patrol30]

Re: Data Protection

Sorry posted letter but not finished.

[patrol30]

Re: Data Protection

This is the bit i am trying to add meat to.

I should also bring to your attention that it is also a criminal offense under the Data Protection Act 1998 to pass personal information to another organisation where there is no liability or agreement in force. So please note if you pass any of my data to another collection agency you will be in breach of the Data Protection Act 1998.

[patrol30]

Re: Data Protection

I should add my real motivation here is to stop this getting passed about as i do want her to get in the situation that when she comes out the trust deed we have defaults from 1-2 years after the original trust deed.

[bluebottle]

Re: Data Protection

The letters and phone calls fall under the ambit of the Protection from Harassment Act 1997. There is a provision under Section 3 of the Act to obtain a court injunction where it gets too much. However, it is a last resort measure. Letters containing threats, especially where such threats are unwarranted, are covered by Section 1, Malicious Communications Act 1988. Threatening telephone calls may also fall under Section 127, Communications Act 2003. as well as the Protection from Harassment Act 1997.

As to the data protection issues, it might be worth speaking to the ICO Helpline. I've always found them to be helpful. They could probably provide you with pointers as to whether the DCAs' actions are in breach of the DPA. Base the passage in your post on what they say.

[patrol30]

Re: Data Protection

Hi bluebottle thanks for that, i will give them a phone on Monday.