Letter addressed to someone else sent to me

[siandnic]

Hi all, maybe someone could advise me on this. I have a arrangement with a collection company, 'debt collection & security', but I missed one payment, I received a letter from the company a few days back, but in error they had included a default notice addressed to someone else, demanding immediate payment.

I spoke to the company and they advised to just send them the letter back and it was'nt a problem, 'they werent in breech of data protection as i didnt know the person named!!'

Is the company in breach of the data protection act? Is there anything I can do about this?

thanks for any advice

Nic

[ScarletPimpernel]

Of course they want you to send the letter back. I'd be inclined to send the letter to the Information Commissioner, with a letter explaining how you came by it.

[Shanks]

You could of course forward the letter on the intended recipient with a nice covering letter explaining how you came to be in possession of their letter. You might also suggest that they could make a formal complaint and offer them the CAG address should they like any advice on how to proceed.

Just a thought....Cheers

[buzby]

There's no Data Protection Act breach - it was an 'error' with the mailing, and as such is exempt from formal action, however if they make a habit of this, then they could be in trouble. Still, sending it on to the Information Commissioners Office may cause them untold grief down the line....!

[Shanks]

Hi Buzby, I happily respect your greater knowledge of the particular legislation covering this, but where does the line cross? At what point does it stop being an 'error' with the mailing and become a breach of the act?

Cheers

[blitz]

It becomes less of an accidental error when you receive more then one, if they continually send you the wrong mail then they are being careless rather then all too common human error.

[buzby]

As blitz points out, you'd need to get a few of them before it is deemed not to be an 'accident'. Of course, it can happen to others too and you'd be unaware of this - but the REAL issue is more sinister, and nothing to do with the Data Protection Act. These 'letters in error' will be shown on the DC firms computer as being sent to the recipient, whether it be a default, call for payment or whatever. Since this is never delivered the DCA takes this as the recipient ignoring its communications and moves on to stronger forms of collection, when in reality the intended recipient is none the wiser.

Debt collection is a commercial industry in its own right, and the government has done everything in its power to allow these firms wide latitude to pursue debtors (real and imagined) with the goal of 'responsible lending' being their mantra. Sure there will be people who are needlessly pursued or harassed by these firms, but the government are otherwise happy with this - after all, didn't they reworked the Data Protection Act to allow FULL access to the Electoral Registers, whether you had opted out or not?

To establish proof, you would need evidence of ongoing maladministration, and even then it would be up to the Information Commissioners Office to take action - which they only do occasionally, and with some laughable financial penalties too.

[Shanks]

Thanks Buzby that clears things up for me. I would also agree with your general view on DCA and the freedom they have.