Jump to content


Are 'Energy Collection Services' breaking the DPA?


Worzel
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4808 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Due for reasons that I wont go into here I am late in paying my electricity bill. Unfortunately the final reminder arrived when I was in hospital so the account was sent on to their collection agency Energy Collection Services.

 

The first I new of this was when I received correspondence from them in an envelope that has written on the front, underneath my address window, the following wording:

 

YOUR ENERGY SUPPLY IS AT RISK

Contact Energy Collection Services immediately on 0800 0151912

 

Now, it doesn't take an half-wit member of the post office, public, my neighbours, others in my household to work out from that information that my account is in arrears.

 

Surely then, Energy Collection Services are making information about me (which is held on their database) available to others - and surely thats a breach of the Data Protection Act?

 

Your thoughts are welcome!

 

Worz

I used to be a dummy, stuffed full of straw and standing in the field of life. And like the straw-filled dummy I was I accepted my lot in life and carried on, tied to a stake in the miserable field of depression as the elements beat me day and night. But there came a time when the elements had gone too far and the string holding me to the stake fell rotten to the ground. The elements had tried to beat me, but instead had set me free!

Link to post
Share on other sites

  • 7 months later...

Good morning....

 

You are absolutely right - this company are just the 'bottom' end of the chain. They have no regard for the Protection from Harrassment Act 1997, which makes clear the offences which can be (and are being) committed.

 

I have had them trying to pressurise me!

 

I suggest you write to them and invite their repsonse - you'll hear nothing -BUT it is important that you do so. If they persist or take any other action, you are entitled to know who they are acting on behalf of, how and when they received instructions to do so, and why that 'message' was on the OUTSIDE of the envelope!

 

I suspect that this was a deliberate act.......see the Protection from Harrassment Act :

Offence of Harassment - Section 2

 

 

The elements of the section 2 offences are:

  • a course of conduct;
  • which amounts to harassment of another;
  • which the defendant knows, or ought to know amounts to harassment of another.

The defendant ought to know if his course of conduct amounts to harassment if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

Section 7 defines a course of conduct as involving conduct on at least two occasions. Harassment is not defined, but includes causing alarm or distress, and conduct is defined as including speech.

 

Section 7(3)A provides that:

  • Conduct by one person shall also be taken to be conduct by another if that other has aided, abetted, counselled or procured the conduct.
  • The knowledge and purpose of the person who aids, abets, counsels or procures conduct are what was contemplated or reasonably foreseeable at the time of the aiding, abetting, counselling or procuring and not when the conduct occurs.

The amendment at (a) above makes it clear that a campaign of collective harassment by 2 or more people can amount to a “course of conduct”. It also confirms that one person can pursue a course of conduct by committing one act personally and arranging for another person to commit another act.

The amendment at (b) above ensures that the knowledge and purpose of the person who aids, abets, counsels or procures conduct is judged at the time that the conduct was planned and not when it is carried out. This may assist a defendant to offer a defence of reasonableness if, at the time that he commissioned a subsequent act, he was unaware that the first act had caused distress to the complainant. Such a defence would not succeed if the defendant ought to have known that the act would cause distress at the time that the subsequent act was commissioned.

This section extends the definition of “conduct” and “course of conduct” for the purposes of sections 1 to 5 of the Act. It was inserted by section 44 Criminal Justice Act 2001 and came into force on 1 August 2001.

 

But the 'reasonableness test' must also be applied. Basically to paraphrase the Law Lords 'would a normal person (given all of the circumstances of the situation) consider the action(s) by others giving rise to the position of the person involved to be reasonable'. I think in this case the answer is no they would not.

 

There is a defence in the Act, and to 'prove'the offence it would have to be shown that the company deliberately intended or acted negligently.'

 

This could be quite simple if a lot (and I think there are) of other people were/found themselves 'in the same boat' as you! This could be introduced as evidence of behaviour by the company Enery Collection services.

 

Hope this helps!

Best wishes

Dougal

Edited by Dougal16T
Apologies for very late reply to your post!

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

Link to post
Share on other sites

  • 1 month later...

does anyone else not realise that eon and energy collection services are the same people? They have different registered address, company numbers and telephone lines, but their business is all conducted from newlands house in nottingham!

Link to post
Share on other sites

They're also breaching OFT guidlines:

 

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

2.6 Examples of unfair practices are as follows:

a. contacting debtors at unreasonable times and at unreasonable intervals

b. pressurising debtors to sell property, to raise funds by further

borrowing or to extend their borrowing

c. using more than one debt collection business at the same time

resulting in repetitive and/or frequent contact by different parties

d. not ensuring that an adequate history of the debt is passed on as

appropriate resulting in repetitive and/or frequent contact by different

parties

e. not informing the debtor when their case has been passed on to a

different debt collector

f. pressurising debtors to pay in full, in unreasonably large instalments,

or to increase payments when they are unable to do so

g. making threatening statements or gestures or taking actions which

suggest harm to debtors

h. ignoring and/or disregarding claims that debts have been settled or are

disputed and continuing to make unjustified demands for payment

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

j. 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.

 

They are also breaking the law as mentioned above and probably CPUTR 2008.

 

Report them to Trading Standards, OFT and the Information Commissioners Office.

 

Take a picture of the correspondence as it arrived in the envelope for evidence ;)

"To love unconditionally is the greatest gift, laughter is a close second" .To give your time to help others after being helped here is the best way to show your appreciation to your fellow CAG members.

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts. All my knowledge has been gained here, for which I'm very grateful. I'm a Journalist, not a law professional.

 

If you do PM, make sure to include a link to your thread as I don't give out advice in private ;)

BB 13 - DCAs/banks and solicitors 0.

 

I get a fresh start to get on with learning to live with severe disabilities when they could have had something if they'd been understanding...

 

<--- If you feel I've helped, please twinkle my star :)

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...