Rayne Vs BCW (Cap 1)

[Rayne]

After attempting to get hold of me on the phone for the past several months, BCW finally spoke when I answered it. The conversation went like this:

 

BCW: "Mr Rayne?"

Me: "Speaking"

BCW: "Can you just confirm the first line of your address please?"

Me: "Erm......no."

BCW: "Can I ask why not?"

Me: "Because I don't divulge personal details over the phone."

BCW: "Well we do need to speak to you about Capital One. You're aware that there's an arrangement in place..."

Me: "Yes I am as I made that arrangement."

BCW: "And that that arrangement has been broken."

Me: "I would suggest that you put anything in writing in order that I might properly respond."

BCW: "I'm afraid that it's gone too far for that now."

After picking my jaw up off the floor at their sheer audacity and cursing the fact I wasn't recording the phone call...

Me: "I think you'll find it hasn't."

BCW: "Well we'll send you the number, it's up to you to phone it."

Me: "I don't think so."

BCW hang up.

10 seconds later I receive 3 texts from BCW group detailing account numbers etc in order to pay more money into their greedy little hands. Now correct me if I'm wrong, but after refusing to comply with their "security" questions, are they now not in breach of the DPA on several counts? ie mentioning Crap One, the fact that there's an arrangement in place and then spamming me with texts, despite refusing to confirm I am in fact me?

There IS an arrangement in place, which I put in place, which HASN'T been broken (which I can prove beyond ANY doubt), so are they not also in breach of OFT Guidelines on Debt Collection?

 

Happy days

[Rayne]

Oooooo make that another 2 texts. They're on a roll tonight

[Bazooka Boo]

Oooh lovely! DPA breach and Harassment to boot!!!

 

Inform the ICO, and the OFT&TS via consumer direct, as well as the FOS.

[Rayne]

Already on it, just thought I'd give everyone a laugh at DCA stupidity :D:D

[teaboy2]

Well it certainly gave me a laugh at BCW's expensive.

 

And as BB said report them.

[Tingy]

To prove a breach of the DPA you will need to prove the conversation took place I think.

[Bazooka Boo]

Hmm???

 

Phone records maybe??

[Rayne]

Think I'll send them the "in writing only" letter as well as an adapted version of harrassed seniors letter when dca's ask for more money (the one where he responds to I&E requests). Lovin it!!!

[Tingy]

Hmm???

 

Phone records maybe??

 

Proves a call, not a conversation unfortunately. I bet whatever they do BCW will swear blind they don't record calls.

[Rayne]

Thats ok as I believe a transcript of the call will suffice, certainly enough to make them think about doing it again with me

[Bazooka Boo]

Well as they are 'ethical' & 'professional' and take their responsibilities 'very seriously' they will of course, record 'all' of their phone calls, for training and/or monitoring purposes.

 

That however does not mean they can produce those calls for 'LEGAL' purposes!

[Rayne]

ah, you've been reading their joke site as well? I notice they're with the CSA also, bummer, someone else to complain to

[Bazooka Boo]

My only concern with complaining to the CSA was having to divulge my identity! Although thinking about it now, I could have just put 'legal occupier'? I doubt that would have been of any use mind??

[Rayne]

good point, well argued

[Rayne]

[F17(3)Where a data controller—.

 

(a)reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and.

 

(b)has informed him of that requirement,.

 

the data controller is not obliged to comply with the request unless he is supplied with that further information.]

 

Would that be the right place iro DPA breach?

[Rayne]

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts over the past few months to contact me by phone, and these have been duly logged by date and time. I now formally request that you only contact me in writing. Further phone calls and / or SMS text messages will be viewed as harassment.

 

Tonight at approximately 19:40 a representative from your company attempted to contact me by phone call and discuss the above account. I, within my rights, refused to divulge my personal details over the phone, thereby failing security checks. However, your representative continued to discuss the account with me, a CLEAR breach of the Data Protection Act.

 

Furthermore, your representative then quite clearly stated that the current agreement that we have in place has been breached. I suggested that anything she wished to relay to me was placed in writing that I may properly respond, at which point I was informed that “it was way too late for that now.”

 

Despite quite clearly stating to your representative that further communication should be in writing, she then goes on to state that I am to contact your company by telephone and that she was sending me the number and that it was up to me to contact BCW. The conversation then ended and I promptyly received FIVE SMS texts from your company in the space of 2 minutes.

 

Now I KNOW that there is an agreement in place. I also KNOW that the agreement has NOT been breached, at least not by me, and if you wish I will happily stand in Court and state as such to a District Judge WITH evidence, after I have filed a claim for every single little breach by your company detailed in this letter.

 

I request that you immediately send me a copy of your current complaints procedure. You have seven days from the date of this letter to comply. If you do not comply within the stated 7 days I WILL (not may, or might, or perhaps) make formal complaints to the appropriate regulatory bodies, including, but not limited to the Information Commissioner’s Office (for breaches of the DPA), The Office Of Fair Trading, Trading Standards and The Financial Ombudsman Service (for failing to adhere to the OFT Guidance on Debt Collection) and also the Police and OFCOM for the CRIMINAL OFFENCE of harassment, as well as sending the story to BBC Watchdog for viewer entertainment.

 

I now suggest you go and read the relevant bits of law and guidance detailed below whilst you send your tea boy off to find the relevant piece of paper with your complaints procedure on it.

 

 

 

RELEVENT LAW AND / OR GUIDANCE

1. Data Protection Act 1998 –

2. OFT Guidelines on Debt Collection:

2.2b - leaving out or presenting information in such a way that it creates a false or misleading impression or exploits debtors' lack of knowledge

 

2.2h - asking or instructing debtors to make contact on premium rate telephone numbers

 

2.6a - contacting debtors at unreasonable times and at unreasonable intervals

 

2.8b - disclosing debt details to an individual when it is uncertain that they are the debtor in question, for example, disclosing details to 'the occupier' of an address.

 

 

3. Harassment

 

Administration Of Justice Act, 1970, Section 40

Protection from Harassment Act, 1997

 

 

Yours

 

 

 

 

 

Could someone be kind enough to fill in thr blanks for me on the relevent section of the DPA as I can't see for looking and am now officially dog tired. pwetty pwetty pwease?

[Tingy]

Will this do for starters. If sending direct to the company, make sure you address it to the Data Controller and make sure (sorry have only scanned your letter so may already be in there) that you point out that they are personally accountable for ALL information or data that is processed within that organisation and that any breach is enforceable in law. Also worth mentioning the first of the eight enforceable fundamental principles of the act, and stating that it is your belief this was breached because the person processing the data had not satisfied themselves as to your identity sufficiently.

 

8 ss (7)For the purposes of section 7(4) and (5) another individual can be identified from the information being disclosed if he can be identified from that information, or from that and any other information which, in the reasonable belief of the data controller, is likely to be in, or to come into, the possession of the data subject making the request.

 

10 Right to prevent processing likely to cause damage or distress.E+W+S+N.I.

 

(1)Subject to subsection (2), an individual is entitled at any time by notice in writing to a data controller to require the data controller at the end of such period as is reasonable in the circumstances to cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which he is the data subject, on the ground that, for specified reasons—

 

(a)the processing of those data or their processing for that purpose or in that manner is causing or is likely to cause substantial damage or substantial distress to him or to another, and

 

(b)that damage or distress is or would be unwarranted.

 

13. Compensation for failure to comply with certain requirements

 

(1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.

(2)An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—

(a)the individual also suffers damage by reason of the contravention, or

(b)the contravention relates to the processing of personal data for the special purposes.

(3)In proceedings brought against a person by virtue of this section it is a defence to prove that he had taken such care as in all the circumstances was reasonably required to comply with the requirement concerned.

[Rayne]

Morning Tingy, looking at that, S8 and 10 certainly seem to apply, will work that into the letter. Cheers bud

 

Hmmmm, can't copy / paste

Edited May 6, 2011 by Rayne

[Tingy]

Have you read the bit from the eight fundamental principles set out in Schedule One Part Two as these 8 principles are often overlooked, yet often are the easiest enforceable way to prove a breach has taken place. Maybe worth a look if you haven't already.

[Rayne]

Just trawling thru the DPA again now that I've fixed the washing machine the wife broke yesterday :s

[Rayne]

these guys are dumber than they look - ANOTHER phone call just now, they must love digging their own hole!

 

Apparently they want to talk to me about Lowell and Capital One...and that was BEFORE she even asked me any security questions...sigh

[Bazooka Boo]

Time for a visit to the Police station, report them for the criminal offence of harassment.

[Tingy]

Is there no way you can record these - most mobiles have a simple voice recorder on them! Undeniable proof is a wonderful thing.

[Happyhippy1959]

The Hippy is subbing with interest.... !!!!!!!!!!!!!!!!!!

[Rayne]

Well I happen to have located today an old mobile of mine that has voice recorder on it, so future phone calls will be thru the loudspeaker