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Cap One (somehow) obtaining and calling my elderly parents` mobile numbers.

The Green Goblin

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Advice sought on potential illegality of Capital One breach and mis-use of personal data



I am a UK citizen who currently lives and works in Brazil at an International school. I return to the UK in December and July each year for around 5 weeks each time. I have a Capital One credit card. I told the company I live in Brazil and have given them my phone numbers in Brazil, but they never use them. I am late with my last 2 payments but can not make the payment until I come back to the UK in a few weeks.


However, here`s the thing - Capital One have somehow gotten hold of both of my elderly parents` mobile numbers (without my consent) and are calling them several times a day (sometimes at 8am or 8.30pm) to hassle them about my debt. I do not dispute that I owe them money and that I am late with payment - that`s my fault; fine, and it will be dealt with, but I have 2 questions here:


1. I am very suspicious as to how they obtained my parents` mobile numbers. The numbers are not listed anywhere and I have never given them out to anyone. The only way they could have done it is by accessing phone company or (police?) database info. Is there a law which allows the company to obtain my parents` phone numbers?


2. Are they allowed to call up and hassle relatives of a client who owes them money?


I am concerned, suspicious (about the legality of their actions) and very angry indeed about the hassling of my parents, one of whom has a serious illness, so I would be very grateful to anyone who can help with this in any way.


Thank You for reading, and for your time and help.

Edited by The Green Goblin
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Hi Green


Welcome to CAG


No they shouldn't contact your parents and I can imagine it's upsetting for them.


These are the OFT Guidelines - http://www.consumeractiongroup.co.uk/forum/content.php?416-The-OFT-Debt-collection-guidance


Here are some templates that can be sent, send them recorded - http://www.consumeractiongroup.co.uk/forum/content.php?71-harassment-library


You can complain to :- http://www.ico.gov.uk/


Also to your local Trading Standards Office.

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Many thanks indeed for your help. I read through everything you linked to, and can see straight away that what they are doing contravenes quite a few of the OFT guidelines on fair business practice. I will put the relevant sections in a letter. Within it, I will also include the template about harrassment by telephone.


I will post the letters (in case others can use and adapt for their own situation) and an update if/when I hear back from them as things hopefully progress. I am very grateful for your help. Thank you.


Updates to follow...

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