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

[The Green Goblin]

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 November 21, 2010 by The Green Goblin

[rebel11]

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.

[The Green Goblin]

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...