i have a company who keep phoneing and telling me they own a old debt of mine im not sure if i owe anything as they will only talk on phone i have asked them to put it all in writeing with dates so i can check back but they refuse I have requested, under the Data Protection Act, that any information held, regarding me, by a certain company be forwarded on to me but they still refuse saying they dont have to ?
judder00 Sun 08/06/08 14:42
To subscribe to this question you need to
sign in to the AnswerBank or register
if you are not already a member. All you need is a valid email address to register.
|
|
i'm not sure you can request that under the data protection act, never heard of that before. Are you maybe thinking of freedom of information act? if so, it doesn't apply to companies, only public bodies
|
|
|
You are right, judder00. Under the Data Protection Act, you are entitled to a copy of the information a company holds about you. It's called a subject access request.
Check out the Information Commissioner's website at http://www.ico.gov.uk/Home/what_we_cover/data_ protection/your_rights/how_to_access_informati on.aspx for more information.
It sounds like they're trying to scare you into paying up. If you don't pay, they would have to take you to court, which would naturally involve issuing papers by post. I can only assume they don't have any records to back up their claim, which is why they can't send you any now.
As they have refused your request, you should be able to complain to the Information Commissioner, but I doubt you will get very far, and they can't give you any advice about the alleged debt itself.
However, your local Citizens' Advice Bureau will be able to help - they will review the case and help you complain to Trading Standards or the Office of Fair Trading if they agree that this company's actions constitute harrassment.
|
|
|
We have this in the insurance company that I work - it's called a Data Access Request (costs £10 to get your info).
However, there are some restirctions that the company can put in place as to what they have to release to you.
With us, if we obtain a statement from a policyholder via an investigator, the policyholder is only allowed a copy of the statement that they supplied, and not a copy of the full report.
Not sure what this compnay can supply you with, but they are not obliged to provide you with correspondence between them and a third party, only between themselves and you - this could prove difficult since they only seem to phone you!
|
|
|
I think the solution is easy, dont talk on the phone to them.
if they have a claim to make let them put it in writing. Just put the phone down when they ring or buy an asnswerphone.
|
|
|
Question Author
thatnk you all for your help
|
|
|
the same company have just phoned me i could not get a word in they have told me they are going to black list my address ? i know they can do this to a person but can they do it to the address
|
|
|
This sounds very much like a tactic used by some DCAs.
If they had your address and could prove you owed the money they would have sent you a letter before now.
Next time they phone tell them to put up or shut up and any further contact will only be accepted in writing but DO NOT GIVE THEM YOUR ADDRESS.
Tell them if they continue to phone you you will consider it as harrasment and will contact The Office of Fair Trading and Trading Standards.
If you do have an old debt this is probably from years ago and these people have bought it from another company for a pittance...THEY ARE BOTTOM FEEDERS.
DO NOT LET THEM BULLY YOU.
If it turns out you do owe money from a while ago that you have forgotten about , don't worry. If it is more than six years old ( five in Scotland ) Google "STATUTE BARRED" that will tell you all about it.
And YES they do have to supply the information you want.
Let us know how you get on.
+GOOD LUCK.
|
|
|
Ah the joy of companies who pursue statute barred debts.
Don't answer their security questions.
Tell them to put it in writing.
Don't phone them back (it'll be an 0870 number and you'll just end up on hold).
Don't sign any letter you send them.
|
Equity Release | Car Credit | Credit Card | Meeting Rooms | Remortgages
