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  1. I wasn't sure which forum to post this in however decided on the CRA forum as I would imagine those on here would have the best knowledge of Data Protection. The long story cut short is that a very large UK business has disclosed my password for my account with them to various other bodies including several solicitors acting for them and have also submitted this information to the HM courts as a part of their "evidence" to defend my claim. The account is still very much active and had I not gone through their bundle with a fine tooth comb I would not have spotted the breach. This information has already been on circulation for some time now with their solicitor and now the courts. My concern is the format in which the password has been disclosed is in the form of a "screenshot" of their computer system which would indicate that all of their operators also have complete access to the whole password. I had always understood that passwords were stored in such a manner as the operator would only ever have access to 2 letters / characters. If this is the case then it would seem to be quite a serious breach of data protection in itself that passwords are stored like this. In my own case to say I am furious that my password has been circulated to the courts and their solicitor would be an understatement and I would l like advice on how you would deal with this. I would rather not say the company at this time as I do not want to compromise my own case, however this is a very large UK business.
  2. [ATTACH=CONFIG]49574[/ATTACH]Sorry if this is a bit of a jumble, I have tried to rush and write it. Our phones are on tonight’s bar list, unless we pay the bill, so I have until tonight to make a decision on this... We have a business contract with o2, and have had since 2010. At the moment we have 22 lines. In April/ May last year we received two huge bills, of over £3000 each, our normal bills are around £700. Looking into these we could found that the large charges were for “data” and had been incurred by only one number on our business contract. £3048.10 on the first bill and £2353.19 on the second. (These amounts are excluding VAT) The £3048 + vat was collected by direct debit before we realised, and to date we have not paid the May bill. We have managed to have the bill in query this whole time and it wasn’t until recently that they started to peruse us for it. We had been paying all our other bills since then on time and in full. Anyway, the line that incurred the charges was a voice only Sim card and as far as we were aware, shouldn’t have even been able to access the internet. We only provide our staff with basic phones that cannot even access the internet, just be able to make calls and texts. We had an initial investigation by o2 carried out and it turned out that our employee had apparently put the sim into an accessible phone, a Samsung, and managed to access the internet, and incur these charges. Following this we had an offer of credit for half the charges by a Customer Relations Executive. But, we refused the offer and asked for the complaint to be escalated. Apparently there is no further escalation. Through desperation our latest attempt was to contact Neil Harvey, Head of Business Services. It took them nearly two weeks to get back to us, but we had an email from lady on his behalf, who’s job title is Executive Relations. She has informed us that unfortunate the charges stand. Now our phones are on tomorrow’s bar list, unless we pay the bill. We would like to know the following: • Why are the charges so high, despite that fact that we pay just £5 on our current contract for an internet add on. • Why was we not informed of the high rising charges, despit it being so out of line with our current bills. • Why was the sim even able to incur these charges when we have it stated as a “voice only” line in the contract, and the rest stated as “voice and data”. What do you think our chances of going to court will be like? i have attached a copy of our contract, minus the first page with details.
  3. My payslips went missing with my information on them, and I have exhausted the in house complaints system. My information is still floating around somewhere, and it lets people know, who I am, where I work, how much I earn, and I really need to keep where I work to very few people, whom I can trust. Do I have a complaint here for the ICO?
  4. Apologies for this post if it is in the wrong place, so MODs please move it to the right place. Thanks in advance. My question covers two issues with debt. I have a dispute with my landlord about rental arrears. My landlord claims I am in arrears whilst I contend that I am in credit on my rental account. The landlord has threatened to contact my employers and disclose details of our dispute. My first question is - is my landlord classed as a creditor for the purposes of reporting the landlord to the OFT? My understanding of the guidelines is that as the landlord is a sole individual the OFT may not be the best place to make a report - am I right? My second question is - can the landlord simply disclose our dispute to my employers? Is that not considered a breach of Data Protection? I want to write to the landlord stating that I consider the threat of contacting my employers as harassing me and I am going to make a report to the OFT. Is this the best cause of action? Thanks to all who answer!
  5. I received a letter from Moorcroft in October last year asking me to contact them over an alleged debt to EE (formerly T-Mobile). I replied by email with the prove it letter. I received this response yesterday and just wonder if they are breaching the data protection act. I have removed anything that would identify me but from reading the email they have got my date of birth wrong. Dear Miss xxxxxxxxx Our Client: EE (Formerly T-Mobile) I write further to my recent email regarding the above account and return with our client’s response. Our client has advised us that their records show that this account relates to mobile telephone numbers 07xxxxxxxxx and 07xxxxxxxxx. The original billing address was XXXXXXXXXXXXXXXXXX and the account holders date of birth is xxxxxxxxxxxxxxxxxxx. Our client’s records show that this account was cancelled on the 20th December 2013 due to non payment. Our client has asked that you consider this information and should you dispute opening the above account you are able to contact their Fraud Helpline on 0845 412 5000, selecting option 1,3 then 1 again, so that our client can ensure matters can be fully investigated for you. As previously confirmed your account is currently on hold and this will remain the position for a further 14 days to allow you the opportunity to respond to this email and confirm how you are proceeding with matters. We will also revert back to our client to confirm any contact they may now receive as requested above. Yours sincerely xxxxxxxxxxxxxxxxxx Compliance Manager Compliance Department
  6. Hi Guys I got and hone call on Friday from PRA, ignored it because it was automated, then they did the one thing that is a massive no-no; They rang my work place! Somehow managed to find the number and embarrassed me, because my boss dragged me aside this morning and went "what the hell! " Anyway I spoke to PRA and they REFUSE to remove the contact details for me after i said in writing only. They have marked them *Incorrect contact* instead and refused. I warned them I would refer it to the ICO, and they still didn't budge! What do you suggest?
  7. For the full story : - http://www.independent.co.uk/news/uk/home-news/thousands-of-barclays-customers-data-stolen-and-sold-to-on-rogue-traders-9117329.html
  8. I had an IVA that was completed over a year ago fully paid. On my credit file i still see some entries for people such as Barclays Bank saying certain accounts are still defaulting every month even though they were settled as part of the IVA. I have spoken to them on the phone and they claim all the data is correct and it should not be showing. Does anyone know how i can get this data updated ?
  9. Hi All, I'm not sure if this is in the right section Anyway some time ago my wife was working a large company (cannot name them). After been relocated to an office in Leeds they then decided that after a year or so they needed her back in Bradford as they suggested there was no longer a position required in Leeds as they were managing from a central hub. When my wife moved to Leeds they also served notice on her company car so she would have to get public transport. At the time my wife saw this move to Leeds as a good career opportunity and we have a direct bus route at the end of our road although not ideal as we were back to one car. So after a year or so the company said they wanted her to move back to Bradford doing a role she did when she first started at the company some years ago. Her argument against taking the role was that it was a step back in career from what she was doing in her current role. Also due to the location of the office she would have to get three busses or pay for a car to get to work. With this in mind we would actually be financially worse off as we would need to buy and run another car however the company were not willing to offer any financial incentive to assist the change. Anyway my wife had no option to go off sick as by working the role was informally accepting it. After a lot of discussions between the parties a negotiation was underway for a settlement offer. During this time my wife approached a recruitment consultants to try and ascertain whether her skills would be required in the current market or whether she is likely to be unemployed for sometime. Obviously from our position this was important information with which to base the settlement offer on. Anyway after a visit to one recruitment company they made an error by sending my wife's CV to her current employer who she was negotiating the settlement with. Her current employers view was that although off on sick she was actively seeking work which was not the case. In this instance they drastically reduced the settlement offer by approx 25% suggesting she was fit for work etc. So my question is do we have any come back on the recruitment company for sending her CV to her current employer? Can we put a small claim in to recover the 25%?
  10. Hello all Thought I would seek advice on this issue, I have a private pension through my employer with a well known provider, today I logged onto my on line account to down load my yearly statement, and to see how my pension investments were doing, I pressed the print button, without reading the statement first, after printing I started to read the statement contents, and thought these figures don't sound correct, looking further into the statement, I noted the account number wasn't mine, further looking, everything was wrong, the statement in fact belongs to another person, I telephoned the pension provider, explained that I had logged into my account, printed what I thought was my yearly statement, and noted the statement isn't mine, provider has now frozen my account and the person whom the statement belongs to, until they investigate what has happened. At this time the other person will be unaware that I now have all there personnel details, address, employer, contributions, figures, dob, everything that is personal to this other person. I now await the investigation from this provider......... I have made three 0845 telephone calls to report this, will I be able to claim these costs back, and what final outcome should I seek when there do contact me in due course, should I contact the person I now have the details for, to let them know what has happened ? thoughts please.......
  11. I had the misfortune to get involved with HFC bank nearly 10 years ago, and following personal and financial problems that led to my defaulting on the loan I am still unable to resolve the problem and improve my credit rating (currently 447 with Experian). First of all, HFC quite correctly defaulted me around 2005/6. I arranged a repayment plan with the CCCS but HFC refused to accept it. I paid anyway. They referred me to their collection agency and issued the default. I agreed a repayment plan with the collection agency but then was informed after a few payments that HFC had 'taken back' the debt. What I did not know was that they had withdrawn the default notice because it had been issued incorrectly. I am now in limbo. HFC have refused my offers of payment (I offered to pay over 48 months) but otherwise do not contact me. They have had nothing for around 4 years because I cannot agree a payment schedule with them. My problem is that this debt sits on my credit file and will probably stay there forever because they will not default me. It is currently showing 20 months of late payments (number '6' on the monthly report) but before that (Experian lists up to 72 months) there is only a '?' against each month (the lender has provided no data). Can I challenge the entry as it is obviously incomplete? If HFC do not provide complete and accurate data do Experian have to remove the entry? For reasons known only to themselves HFC seem content to allow this to sit on my file forever without making any attempt to collect this or agree a repayment plan. It's been nearly 10 years now and I am desperate to get this removed from my credit file. Having the entry removed due to incomplete data would be great if that's possible. Any other suggestions would be very very welcome. Thanks everyone. Andy
  12. Hi, I would like you to help me with this situation where my joint loan agrrement from MBNA in year 2001 was given to me with PPI included in it. when I asked for CCA they sent me copy of the contract then I realised there is PPI in it. When I asked from DCA DLC to provide me with the t & C of this PPI they told me I have to contact original creditor (But DLC had forbidden me to contact original creditor through a letter in 2002). My question is as PPI is part of CCA of this loan, can this whole agreement be considered as 'disputed' until PPI issue is not resolved? Please respond ASAP. I have to reply to DLA who are pressurising me now to pay the debt. If there is any template letter to write to MBNA on the basis of above ino. please let me have it and a template letter to SHUT UP DLC. Waiting to hear from you. Thank you very much for all your help in the past, present and future...
  13. A new system that will allow insurers to access DVLA data on drivers' convictions and penalty points will be tested from February. The insurance industry says the move will cut the amount of fraud seen under the current system of driver declaration. Up to 23% of motorists failed to accurately disclose their record to insurers, it has claimed. Drivers will want to ensure that the new system will lead to lower premiums. Costs The scheme is known as MyLicence and has been developed by the Association of British Insurers (ABI), the Motor Insurers' Bureau, the DVLA and the Department for Transport. Insurers will be able to access information to cross-check any points and convictions at the application stage and price the premium accordingly. The ABI said that 23% of motorists made incorrect disclosures. This could make insurance invalid, it said. It argued that the fraud, and complex claims that were subsequently generated, increased premiums for honest drivers, so the new scheme should cut costs. About 7% of inaccurate declarations came from drivers who declared spent convictions or points, so they could also see premiums fall under the new regime. The MyLicence project will be tested from February and then begin in full during the second quarter of 2014. http://www.bbc.co.uk/news/business-25016515
  14. Not this Saturday afternoon gone but the one previous, I answered my sons mobile telephone ( he had left it at home on charge whilst he was at work ). It was Nat West calling they asked to speak to my son using his christian name, I explained he was at work and could I take a message. The female caller then said no thats ok I`ll call again another time. I asked whether the call was a marketing call, the female caller couldn`t disclose any details, I asked which branch of Nat West she was from, again she declined to give details. I requested basic caller information to relay onto my son later that evening and again I asked for the name of the caller and which branch she was calling from. Again she declined my request and tried to hurriedly end the call. I asked again could I please have the callers name and branch details. Eventually I was informed that it was the local branch calling and that if I had any issues I would need to speak to the manager. The call was ended. I have written to the branch manager on behalf of my son requesting answers to the following. 1. Why wasn`t I afforded the basic caller information eg callers name and branch location. 2. Why did they ask for my son by his christian name 3. Was it usual to call on a Saturday afternoon from a withheld telephone number. Despite asking for a written response within five working days a reply has not been forthcoming so I elected to call into the bank myself today. I have spoken to the manager who informed me that he had received my letter but after investigation the person he needed to speak to was allegedly off sick until last Wednesday. This aside I was informed that the caller shouldn`t have even disclosed the banks name to me due to data protection as this would have confirmed that my son banked with Nat West. He did confirm that it would have been a marketing call ( for which my sons telephone number has now been removed from marketing and sales calls ) and that the banks telephone system is set up not to show their number. The reason for posting this message is to get other peoples views on this. With internet and banking fraud on the increase I just find it amazing that such basic caller information can`t be disclosed as it is considered data protection.
  15. Hi, Yet more grief with the above company. This is more of a warning to you than asking advice. A stolen car hit my van which was a write off. I made a claim then decided to withdraw claim and use the MIB. Now before i ceased the claim i have been getting unsolicted calls from ambulance chaser company's. The only people who knew about the accident were the Police and the insurance company. I written a letter of complaint to Swinton head office in Manchester saying why have they passed my personal information on with out my consent and breaching the data protection act. This is the response they give word for word.(main juicy bits) I write further to your complaint received on the 25 September 2013 regarding the number of calls that you say you have recently received from Third Parties, who attempted to discuss any claims that you may have had. You believe that you are receiving these as a result of Swinton passing on your data to these Third Parties. The investigation has included discussions, with external suppliers and business partners who manage our customers claims on our behalf. As a result of these discussions it has come to light that there has been a breach of data, not only in respect of our customers but other companies as well. I would like to take this opportunity to reassure you that the breach is limited to claims details and is not as a result of any action by Swinton. I can confirm that this breach of data is in the process of being further investigated by the relevant authorities. In view of this i am unable to provide any further information at present. However, once concluded letters will be provided to those affected by this. I advise the information Commissioner is aware of this matter. That's the ins and outs of the letter. So just be on your guard with this company. Also there chasing me for cancellation charges on my insurance but im playing the i want answers to this debarkle first so i suggest you freeze the charges or write them off as a goodwill gesture. There passing the buck it seems and i firmly believe its there cock up and not a business partner of Swinton. Now why would the under writers want to get involved selling information seems to baffle me to. Can't be that much to be made from it and the risks out weight the results. Thats just my opinion. If this is in wrong thread please move and sorry in advance. Michael
  16. Does a court order come with the same weight or more weight than a data protection request would? Which means it would be pointless applying for a data protection order if you have a court order in place. ?
  17. Hi All We are facing a horrid time with the Bank of Ireland Litigation team and are in urgent need of some help to set aside a repossession judgment. As time is of the essence I won't go into all the issues we have with how we are being treated by this Bank here (but will return to explain more later) Basically we have a very small portfolio of properties which is instead of a pension. So my wife and I are trying desperately to hold on to them as you can imagine. We have an adopted child with some special needs and financially we are struggling. The Bank of Ireland hold two of our mortgages and have instructed TLT Solicitors. Yesterday I successfully defended a repossession application on the basis that the Bank served the paper work to the wrong address. The judge agreed that as the Bank had written to us at our current address they had incorrectly served by sending papers to our previous address which the Bank claim is the only address they have on their computer. The judge ordered them to re-serve at the correct address and awarded us costs of £100. I now find that they have served again at our previous address for another of our properties and it has already gone to court. As I didn't know I obviously did not turn up for the hearing. The hearing was on May 10th. We have a tenant moving in this Friday. I urgently need to apply to have the judgement set aside but I don't want to make any mistakes. We cant afford a solicitor. Although the Judge in yesterday's case, in awarding us costs commented to the plaintiffs representative on his objection, "You're lucky it's only £100, it would have been considerably more if they had instructed representation." What do I need to do? Can I mention our case from yesterday as a president? I did not take any evidence of my earnings to court so the judge couldn't award anything for this but could I include evidence of my income in this application and request compensation for my time defending this. So to be clear our position is the Bank were fully aware of our postal address as they have written to us at the address prior to serving this repossession notice. We have also been talking to them and their solicitors for several months and no one mentioned this action. They have served at the wrong address. Please help us asap as we really don't want to lose our property. Man thanks to you all. We are so grateful for this forum!!
  18. Although this relates to photos taken in a car park, it is not a parking related issue, it has already been discussed din the parking forum, it is specifically the Data Protection aspect I am interested in. So please don't move to Traffic forum Local supermarket used to use ANPR cameras to control parking and anyone staying over 2 hours was sent a "fine". New system, customers are given a code at checkout which they need to use on machine outside store to "cancel" parking charges, by entering registration number and code - thus proving they made a purchase in store. But the relevant bit: The system requires users to enter the last 3 digits of reg plate, system then shows image of cars that match along with registration, potentially face of driver and time of arrival. It uses a bit of fuzzy logic to show other vehicles it thinks you might mean, eg type in ABC it also shows A8C etc. So my question, the camera on the gate is essentially CCTV, those images are therefore protected surely, and allowing others to see the images taken of me, my car and the details of when I arrived are surely not permissible? I haven't been "caught out" by the system and the discussion in the traffic forum suggests its a totally unenforceable "invoice" anyway, but interested to see what others think in the DP aspect of it?
  19. OK so I am sat here waiting for a phone call back from jobcentre+, to cut a long story short, My husband has been moved from incapacity benefit to the dreaded Employment and support allowance benefit, assessed by ATOS and (you guessed it!!) failed massively with a total of.......0 POINTS!!! so we are in the middle of a very long drawn out process of appealing (5 months so far). In this time we have moved address and changed all of these details with relevant departments....or so we thought, all correspondence from the HM courts and tribunal service and all mailings from the Appeals department have been coming to the correct address, but the information from the ESA department itself have been going to the wrong address (correct street just wrong number) and now I am worried as to what information has been sent to these (not so honest as not returning mail) people. The "incompetence/human error" was only picked up during a call to the dept. as we had requested the ESA85 report and had not received it, we were calling to chase it up, advisor said it had been sent out and clarifies address with me, I then advised it was wrong. There are 2 massive problems I have with this:- 1) during the appeal and about 1 week after we had moved, My husband was sent a letter stating that because there was a change of address that we needed to put it into writing and clarify our new address details, which we did. and 2) not 2 months ago the situation was reversed and (being the honest person that I am) I had to phone the jobcentre and advise them that they had sent a letter, addressed to my husband, with his (correct) address on and all his NI number printed on it, but the details in the following 20+ pages were for someone else. I had access to all their personal details, illness details, appeal details and also the decision that they had come to. The JC+ sent some woman out to pick up the 'sorry we sent it in error' letter Is there anything that I can do with regards to the obvious incompetence of this department, or do I just have to accept human error??? Just as an idea that maybe these departments would be run more smoothly if they actually TALKED TO EACH OTHER!!!:mad2:
  20. I have been communicating with Lowell Portfolio regarding them processing my data incorrectly. A SAR was submitted and then a complaint was lodged with the Information Commissioner as I believed the SAR had not been dealt with in time. The SAR was sent to them at the beginning of April, requesting they notify me of a charge, however after the expiration of 40 days I sent in a £10 postal order. During this period Lowell wrote to me confirming they had rectified the incorrect entry and offered me £250 compensation. As the complaint was still being investigated by the ICO, I declined the offer of compensation until I received the adjudication from the ICO. I have now received a response from the ICO confirming that "on the basis of all of the information provided by you and Lowell Portfolio Ltd, we have decided that it is unlikely that Lowell Portfolio Ltd has complied with the requirements of the DPA in this case". The ICO have indicated that they believe the SAR was dealt with as in their opinion "Lowell Portfolio Ltd have explained that on 8 April 2013 they received a letter from you dated 2 April 2013 in which you stated you were making a subject access request under the provisions of the DPA. In this letter you also asked Lowell Portfolio Ltd to inform you if there was a fee that should accompany your request. However, before Lowell Portfolio Ltd could respond and make you aware of the required fee to comply with this request they received your further letter dated 14 May 2013 which included the requisite £10.00 fee". Lowell sent the information on the 24th June, bang on the 40 days. Now I may be biased, but I can't help feeling aggrieved at the ICO adjudication in respect of the SAR compliance, especially as Lowell had my address, email address and mobile telephone number and made no attempt to contact me to advise of the fee and the ICO think that over a month is a sufficient time for them not to reply!!! A situation I will have to deal with I suppose, but leads me to the point of my question. As Lowell have breached the 4th and 6th principle, what legal recourse do I have? Unfortunately I am not in the financial position to employ a solicitor at this stage. I understand that I can lodge a claim in the County Court but my dilemma is the level of compensation I should be seeking. I don't want to be greedy, however I don't want the company to get away with it either. Suffice to say the ICO have indicated that they won't be taking any further action against Lowell at this time. Any help/advice/guidance will be greatly received.
  21. My wife has a Samsung Galaxy Ace mobile on contract and is switching to a sim only phone on the 23rd of October can she transfer all the data, music ect to her new sim card.
  22. Hi, Does anyone know the limitations of a S7 DPA request when used in the following context. Limited Company in voluntary liquidation. I am a creditor and debtor to the company. The company liquidators have sent a debt collection agency after me, for a £6k preferential payment even though the company owes me nearly 10 times that. I sent a DPA request back in August, and received a bundle of email communication and letters, specifically relating to corespondence between myself and the liquidator. Am I allowed to ask for information relating to me, from communication between the debt collector and the liquidator, or just the email exchange and letters that I received so far?
  23. Not sure if posting this in right forum so fingers crossed, I have a query regarding data protection and wondered if anyone could help. It relates to 2 loans we took out in 2003 with first plus, one in august via a broker and a refinance in december 2003 which we thought was direct with first plus as we were called by who we thought was them offering a further advance, they had all our loan info and it wasnt until 3 years later we discovered we had infact dealt with an unregulated broker who had hoodwinked us into believing they were first plus, presumably they had been passed all of our loan info and I wondered if they could have breached the data protection or other consumer acts by doing so ?? I didnt as far as I know tick the box saying that my details couldnt be passed to other companies, HOWEVER there is a difference between selling on our name address details etc for marketing purposes than disclosing all our confidential loan info for financial gain. I would be very grateful if any of you could help with this matter thanks
  24. Hi, I have just renewed my car insurance with the same company for the 2nd year. They are now asking me to provide copies front/back of my paper licence and photo id to validate my insurance. I find this request disturbing, espcially allowing them to have my 'photo' on file. I cannot see how they can justify having my picture id. Surely the paper licence is sufficient, and that the only additional information on the photo id is the photo. I have asked them to explain why it is necessary to have my photo id, but so far no answer. Are they able to ask for this kind of personal data? can I redact the photo image but give them the rest? Thanks
  25. Can anyone help me? A year or so ago I received a letter from DWP dating back to a time when I was on income support saying there had been an overpayment, I had no idea what it was and wrote a letter asking for details. I had no reply but an identical letter last month followed by a phone call from Akinika, I refused to confirm details, said I would write to them. The girl said she would tell DWP that I was refusing to cooperate and put the phone down. I wrote to akina telling the history and asking then to contact client(DWP ) as I had no response. To my horror I arrived home today to find a letter from akinika and enclosed was sensitive personal information from DWP. my national insurance number the dates that I had claimed, my child's name and the benefits that I had received, they aslo enclosed a copy of a letter that they apparently sent to me in 2005! akinika have therefore had information to all my private business. Surely this is a breach of data protection from DWP? I would have thought that the dca have no right to allow then such personal information. I rang DWP and she said that as dca were dealing with the 'debt' they had a right to access my personal information. My view is that they should have n't disclosed such private information.
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