Any good letter writers out there - Breach of data protection

[lferr2002]

Having been on this great site for the 1st time today, but I have been on it since 11.56 and am now getting a bit cross eyed , I have been looking for a draft of a letter to send to a company to complain.

 

I wish to complain about the fact the data protection act has been broken, by the fact that a representative of Honmours Student Loans discussed my debt (ie who it was due to, and the amount) with my partner as I was not available when the representative called. I would also like to complain in the same letter that this representative called at 21.15 and I believe this is not considered fair practice and that hours for home visits should be between 6am and 9pm (info obtained from debt questions at payplan.com)

 

I have just phoned the information commisioners helpline and been advicse to write to the company first and if not satisfied complete their complaint form. But I have no idea what or how to write such a letter

 

Thank you

[patrickq1]

http://www.consumeractiongroup.co.uk/forum/general-debt/103600-non-conformance-under-s10.html?highlight=data+protection

try this thread and see the letters on their see what suits you best

good luck

patrickq1

[lferr2002]

thanks, had a look at the examples which have given me some ideas but seem to be more to do with the sharing of information between companies???

 

My gripe is that they turned up at my door at 9.15 pm and told my partner all about MY debt (he doesn't even live here!!)

 

Will try and draft something later and see what you guys think

[Kwakahumdrum]

Ask them for their complaints procedure also!!

[patrickq1]

yes you should ask for their complaints pro,and then write to the information commisioner with your complaint.,the student union debt is through a company i take it,so it was no ones business but yours,and they certainley are in breach of your DPA and dont forget when you have made your complaint to the h student u.and also sent a copy to the ico IT WILL COST THEM 400 QUID SO DONT WORRY ABOUT IT IF YOU GET STUCK JUST PM CANT PROMISE TO RESPOND STRAIGHT AWAY BUT WILL DO MY BEST

GOOD LUCK MATE...DONT FORGET YOU ARE IN ARE IN THE RIGHT AND YOUR PRIVICY HAS BEEN ABUSED ...sorry just realised im shouting lol

patrickq1

[lferr2002]

thanks guys will do a draft after the soaps!!!

[lferr2002]

does anyone know which section of The DPA they are in breach of?? :?

[lferr2002]

Any comments or advice welcomed - thank you

 

 

Here is a copy of a letter I hope to send (recorded delivery)

 

 

 

Honours Trustee Limited,

Tower 42,

25 Old Broad Street,

London

EC2N 1HQ

 

 

Dear Sir/Madam

 

Student Loans

 

You recently sent a representative from a company called Fieldcall to contact me regarding the student loan accounts with, which you claim are owed by me.

 

I would be grateful if you would provide me with written details of your complaints procedure, as I am confident I have grounds for complaint due to a breach in the Data Protection Act. This breach occurred when the representative of the agency involved divulged the amount of the debt and the company to whom the debt was due to my partner. I was unavailable at the time the agent called, which was at 21.15 on Thursday 20th September 2007. I believe this also gives me grounds for complaint as calls to individuals houses should not be made after 21.00.

 

I await your written response to this letter including full details of your complaints procedure.

 

I look forward to your early reply.

 

Yours faithfully

[patrickq1]

Creditors are expected to follow the guidelines outlined by the Office of Fair Trading in order to be seen as fit to lend money. This also includes fair practices of debt collection. If a creditor or debt collector is found to be practising unfair tactics when it comes dealing with consumer debt, they risk losing their Consumer Credit Licence.

i have asked for help with your thread and hopefully they can guide you through the maze of DPA but dont post that letter till someone with experiance looks it over

patrickq1

[lferr2002]

thank you again. I am just a bit concerned bloke turns up at door tomorrow again ( a week after last visit ) but will wait and hopefully find out if that letter is ok to send out as apart from anything I am really annoyed. I mean if I had been in at that time I would have been in my pjs.....

 

Thanks again

[Curlyben]

They are in breach of a number of OFT collection guidelines

Namely;

contacting debtors at unreasonable times

disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so AND acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

Also most of 2.11/12

Those visiting debtors must not act in an unclear or threatening manner.

 

They're all here: http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf.

 

IF they turn up again, ask them to leave. If they refuse call the police as they are in breach of the peace.

 

As to the DPA they are in breach of s7 as this is YOUR personal data and should NOT to given to others without your permission. Data Protection Act 1998 (c. 29)

[lferr2002]

Thank you, I will redraft letter and post here tomorrow.

 

I am away to chill out and stop sitting infront of computer

 

Thank you so much this site is fabulous are all you who have reponded to my various queries

 

I only hope I can gain some knowledge and help others.

 

Thanks again...

 

Till tomorrow (or maybe later )

[ODC]

and dont forget when you have made your complaint to the h student u.and also sent a copy to the Information Commissioners Office IT WILL COST THEM 400 QUID SO DONT WORRY ABOUT

I think you are getting somewhat mixed up here. You are thinking about the Financial Ombudsmans Office. If you make a complaint against a DCA and they fail to resolve it or fail to supply you with details of their compliants procedure then you can report them to the FOS who will charge them £400 to investigate YOUR complaint:)

[ScarletPimpernel]

Note also that the OFT guidelines state that "not giving adequate notice of the date and time of a proposed visit" is an unfair practice, as is not leaving if requested to do so.

[patrickq1]

I think you are getting somewhat mixed up here. You are thinking about the Financial Ombudsmans Office. If you make a complaint against a DCA and they fail to resolve it or fail to supply you with details of their compliants procedure then you can report them to the FOS who will charge them £400 to investigate YOUR complaint:-)

i do apoligise you are correct ,one of the reasons i asked for curly s help as i am unsure memory failure and afraid i could give wrong info like i have done,but i am sure it is in safe hands

patrickq1

vbrep_register("1150870")

[lferr2002]

Thank you SOOO much guys,

 

I am away to try to ammend my letter will post shortly and see what you think.

 

Ps - Good-morning!!

[ODC]

Debt Collectors have NO LEGAL RIGHTS to call at your property. They have exactly the same rights as your pizza delivery man or the newspaper boy. You can refuse them permission at ANY time. In fact you should right to the company that this muppet is from and withdraw your permission. Give me a few minutes and I will look up the letter you need to send them.

 

Dear Idiots/Unwelcome Guests

 

I write to you following a visit from one of your operatives date/time, who arrived without making an arrangement with me which is contary to S2 of the OFT Guidelines on Debt Collection. Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission: the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending doorstep callers to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

 

Any future visits from ANY person acting on your behalf or instruction will be treated as a trespasser and will be removed from my premises by Police if nessecary.

[lferr2002]

How is this looking now?

 

 

 

Honours Trustee Limited,

Tower 42,

25 Old Broad Street,

London

EC2N 1HQ

 

 

Dear Sir/Madam

 

Student Loans

 

You recently sent a representative from a company called Fieldcall to contact me regarding student loan accounts with, which you claim are owed by me.

 

I would be grateful if you would provide me with written details of your complaints procedure, as I am confident I have grounds for complaint due to breaches in the Office of Fair Trading Debt Collection Guidelines. The parts I believe you are in breach of are; Sections 2,2 f and 2.2 g, 2.6a; 2.6j and 2.6i; 2.8b; 2.12g. I also believe that the company breached 2.6b during a phonecall.

 

It also is apparent that the agent from Fieldcall breached section 7 of the Data Protection Act 1998 by disclosing the company that the amount is allegedly due to and the amount of alleged debt to a third party in my absence.

 

I, at this point, would also like to exercise my right to request that any further correspondence be done in writing and that no representatives of you, nor any agent working on your behalf, call at my home or business address and that failure to comply with this direction will be tantamount to trespassing

 

I would like to add that I will happily provide specific details of all the breaches in a formal letter of complaint upon receiving your full complaints policy.

 

I await your written response to this letter including full details of your complaints procedure.

 

I look forward to your early reply.

 

Yours faithfully

[lferr2002]

Debt Collectors have NO LEGAL RIGHTS to call at your property. They have exactly the same rights as your pizza delivery man or the newspaper boy. You can refuse them permission at ANY time. In fact you should right to the company that this muppet is from and withdraw your permission. Give me a few minutes and I will look up the letter you need to send them.

 

Dear Idiots/Unwelcome Guests

 

I write to you following a visit from one of your operatives date/time, who arrived without making an arrangement with me which is contary to S2 of the OFT Guidelines on Debt Collection. Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission: the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending doorstep callers to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

 

Any future visits from ANY person acting on your behalf or instruction will be treated as a trespasser and will be removed from my premises by Police if nessecary.

 

Thanks just saw this after posting my attempt at a letter, will now read it through!!

 

Cheers

[ODC]

Put in the bit about withdrawing common law rights to visit your property so as they are in NO doubt

[Curlyben]

Oooo ODC's library gets there before me.

I'd also add on the end

I look forward to hearing from you in writing.

 

Yours Faithfully

Blah

 

Might as well end plesantly

[lferr2002]

Debt Collectors have NO LEGAL RIGHTS to call at your property. They have exactly the same rights as your pizza delivery man or the newspaper boy. You can refuse them permission at ANY time. In fact you should right to the company that this muppet is from and withdraw your permission. Give me a few minutes and I will look up the letter you need to send them.

 

Dear Idiots/Unwelcome Guests

 

Liked that bit - wish I could really start my letter like that

 

I write to you following a visit from one of your operatives date/time, who arrived without making an arrangement with me which is contary to S2 of the OFT Guidelines on Debt Collection. Please be advised that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you. There is only an implied license under English Common Law - I am in Scotland is the law different or can I still quote that?

 

 

Therefore take note that I revoke license under Common Law for you, or your representatives, Do I still have the right in Scots Law

 

Any future visits from ANY person acting on your behalf or instruction will be treated as a trespasser and will be removed from my premises by Police if nessecary. Like that bit too think I will end it like that!!

 

THank you again

[Curlyben]

Take out the English bit and your good

[ODC]

And change the word POLICE to POLIS:D

 

English Common Law applies throughout the United Kingdom

[lferr2002]

okay here it is.....

 

Dear Sir/Madam

 

Student Loans

 

I write to you following a visit from one of your operatives Mr XXX XXX of Fieldcall at 21.15hrs on Thursday 20th September 2007 regarding student loan accounts which you claim are owed by me.

 

I would be grateful if you would provide me with written details of your complaints procedure, as I am confident I have grounds for complaint due to breaches in the Office of Fair Trading Debt Collection Guidelines. The parts I believe you are in breach of are; Sections 2,2 f and 2.2 g; 2.6a, 2.6j and 2.6i; 2.8b and finally 2.12g. I also believe that the company breached 2.6b during a previous phonecall.

 

It also is apparent that section 7 of the Data Protection Act 1998 was breached by the disclosure of the company that the amount is allegedly due to and the amount of alleged debt to a third party in my absence.

 

Please be advised therefore, that I am only prepared to communicate with you in writing. OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

Therefore take note that I revoke license under Common Law for you, or your representatives, to visit me at my property and if you persist in sending doorstep callers to my home, you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless.

 

Any future visits from any person acting on your behalf or instruction will be treated as a trespasser and will be removed from my premises by Police if necessary.

 

I would like to add that I will happily provide specific details of all the breaches in a formal letter of complaint upon receiving your full complaints policy.

I await your written response to this letter including full details of your complaints procedure.

I look forward to your early reply.

 

Yours faithfully

 

 

 

Will send recorded delivery