Data Protection Breach by CCS Debt Collection

[faltskog5450]

Hi, I'm new to this so please excuse me.

I moved out of my property end of August 2009, and handed it over to my daughter. We were on a key meter with Scottish Power for Electricity. On hand over we were approx £10 in credit on the meter with no debt. The debt finished around the begining of the year. I started getting phonecalls from a company calling themselves CCS (aka S C Grays). The first woman demanded my first name, I said if they knew who I was they would have it, apparantly they only had my initial. But I have always had it drummed into me that if you do not know who is on the other end of the phone, yoyu give them no information whatsoever. She then started shouting at me, so I just went silent, then refused to give any information. The next phonecall was more interesting. Another nicely spoken woman rang me, obviously the soft approach, and again I would not supply any information. She said they had been sending me letters, I explained that I did not live there any more, she then proceeded to give me my old address. Totally gob smacked I played along with her, and she then told me I owed £38 odd on my electricity account. I explained that it was not possible.

I have since been told that as I did not give her my details and she offered them to me over the phone without even knowing I was the correct person that she was in Breach of Data Protection. The next time someone rang, I explained the situation, and he became very scared. he told me that all the phone conversations were recorded, and he had done his job correctly, and did I agree, was he doing it correctly. Which he was. I had one more phonecall, which I hauled up the data Protection and they have never been in touch since.

 

Obviously, I don't want to let this to lie. What can I do?

 

Thanks

[Bazooka Boo]

If their has been a period of 12 months where the Utility company has not asked for payment toward this, then you can tell them to politely foxtrot Oscar.

 

If you believe that they have breached the DPA, then you should make a complaint about them to the ICO, aswell as getting the companies (Scottish Powers) Complaints procedure, you'll need to do this in any case if you want other agencies to act on your behalf.

 

Data Protection Act (DPA) 1998, data protection policy - ICO

[faltskog5450]

Hi,

 

They sent it to a debt agency within 2 months. very quick. I have had problems with S C Gray before. Claimed I owed £1,000 for gas, I paid £20 a month stupidly until they produced bills as we were on a key meter. I then stopped paying and they rang me up, I explained that I had made these payments as a gesture of goodwill. Apparantly she had been sent copies of my bill by email, and 11 months down the line I still have not had copies of them and haven't had any phonecalls from them since. I did have a debt, but no where near where the amount that they were claiming. I will get in touch with CCS and make the comlaint officially through them ASAP. Thanks

[Bazooka Boo]

Make sure you contact them either via email or letter only! Do Not ring them, EVER!

 

If you send them a letter, make sure it is sent recorded delivery, so you know they have received it then, or the free way is to email them, again this is a perfectly Legal and acceptable form of correspondence.

[faltskog5450]

Hi, have done. Used to be an advice worker quite a few years ago so that was always drummed into me. Waiting to see if I get a response, the first time somebody rand me about this she was shouting at me on the phone because I wouldn't give my details out to a perfect stranger. Think it strange that they don't know my first name. Only know me as H and my surname. I also told them that I have worked with Data Protection for over 20 years and what she did was a no go. I was also a CCTV operator, and Data Protection around that is so tight.

But how do I prove that this has caused me distress? It's so difficult. I shouldn't have to put up with shouting on the phone. I'm well aware of their bullying tactics, but when you are subjected to it, it's horrible.

H

[Bazooka Boo]

Hard one to prove unless it's all been recorded and someone else is able to give their opinion.

 

If it makes you feel any better, complain to your telephone operator and report the number as a malicious caller, and complain to the OFT who supposedly Police this sort of thing.

 

There is the telecomms act,

Telecommunications Act 1984 (c. 12) - Statute Law Database

 

And: Protection from Harassment Act 1997 (c. 40)

[faltskog5450]

Had 2 responses from CCS.

 

After the first response I emailed the telephone number they had been calling mr from and magically they suddenly knew who I was

 

1st response

Your email to our Mr ******* has been forwarded to me for investigation.

 

We have searched our system and we can confirm that we have no live accounts in your name at the address you have given and in the sum which you have quoted.

 

We can only assume that the power company have passed an account in your name to another debt collection agency, which you have mistakenly thought was ourselves.

 

We hold no data in connection with you and no telephone number to have made the call to you.

 

We are sorry that we are unable to assist you further but we are not pursuing an account in your name.

2nd Response

Thank you very much for providing this additional information. This has enabled us to make a further search of the system and we have located the account upon which you have received calls. Your details were supplied to us by our Client.

 

We can see that you have spoken to a number of operatives but we can only see that you have spoken to one female, who has actually now left our employment. We continue to look into the matter and will revert to you in due course, but in the meantime, would wish to express our sincere apologies for any inconvenience caused and would stress that we have immediately closed the account and have returned the same to our Client advising that you are no longer at the address and you will not hear further from us. We confirm that we have removed your details from our system.

 

We trust that you will appreciate that we can only act upon the instructions of our Client, but we do sincerely apologise for any inconvenience caused.

 

 

Bit of luck that this employee has left. Which is probably a load of rubbish. Best of it is, I spoke to 2 females. I was told by an employee there that all phonecalls are recorded. So I'm gonna push my luck on this one.

[faltskog5450]

I have just had an email from CCS who have found the telephone calls they made to me. If I want to hear them, bearing in mind it's of me, they will charge me £10 per call. That's £20. Are they allowed to do this? They will not email them over to me as I have done in the past. I cannot believe that they are wanting this amount of money from me. Is it not my right to be able to listern to them for nothing.

 

They are denying everything, that is after having denied they were the people calling me, then they denied that 2 different women had rung me, they are saying that during the first phonecall the caller did not shout at me she was just 'strong'.

 

Hmmmm

 

H

[buzby]

Yes - there Is a fee payable, but it is CAPPED at £10 for EVERYTHING not 'per call' . It is not your 'right' - the calls were made by the firm and they are obliged to provide a copy at the prevailing rate. If you record your own calls, you save on this expense.

[faltskog5450]

Thanks for that. But who has capped it? I need to quote something or someone, an organisation as they will literally ignore me as they are terrible. And will this £10 include my telephone calls being burned iff their system and sent to me?

thanks

Helen

[buzby]

Youy are making a (SAR) and it is the (ICO) that has capped the costs at £10. This covers ALL data they hold on you, calls (IF recorded, but they've admitted this), and usually screen grabs of all pages that refer to their dealings with you from their computer system.

[palomino]

it is the (Information Commissioners Office) that has capped the costs at £10

 

The charge is specified in the regulations (not the Act) here -

 

The Data Protection (Subject Access) (Fees and Miscellaneous Provisions) Regulations 2000 (No. 191) - Statute Law Database

[lickthewallfatboy]

does the 12 months for utility companies not asking for payment also apply to BT?

[faltskog5450]

Can you explain to me what the 12 months is please. Just curious!

 

Thanks

[lickthewallfatboy]

anyone?

[buzby]

No. Gas, Electric & Water. Not Telecommunications.

[Bazooka Boo]

Five of the main energy supply companies in the UK have signed up to the Billing Code, namely British Gas, npower, EDF Energy, E.ON Powergen and Scottish Power. The Billing Code provides consumers with additional protection over and above that required by the regulator Ofgem for accurate and informative billing.

The Code includes a requirement for consumers to be protected from debt where the supplier is at fault for not billing energy supply. Where the supplier is at fault, consumers cannot be back-billed beyond 12 months from the date on any subsequent bill.

 

 

About the Code

[lickthewallfatboy]

blast!!

[faltskog5450]

Hi, just to bring you all up date, CCS have informed me that they will be entering into no more contact with myself. personally I think it's beacause she has said to much already. But that was my aim, but all the statements she made, she would not clarrify what she meant. Hmmm! But I did email with a few facts, a sort of parting gesture, and wished all at CCS a happy xmas and good new year.

Waiting to hear back from Scottish Power about wether CCS own the debt or wether CCS are acting on behalf of Scottish Power.

Helen