EOS Works keep calling asking for info why?

[ora]

Hi Guys

 

I have a query regarding EOS. I signed off JSA over 9 months ago after referral to the WP, since then they are continually trying to contact me asking me where I am working. They never found me employment and I therefore do not feel obliged to provide them with any information. In any event it is my private info. I have ignored their calls and they have now started contacting my parents asking them for details.

 

Why are they so persistent ?

 

Any advice welcome.

 

Thanks

[antone]

They're contacting you to try and get their "outcome payment" for finding you a job. Of course, they didn't find you a job but that doesn't matter to them because, hey, money!

 

In relation to yourself, I'd tell them politely but firmly to go jump in a lake. If they're contacting your parents, I suspect this may violate DPA rules and hence be illegal, but I'll defer to those more knowledgeable.

[renegadeimp]

If you are 18 or over ( might be 16) then discussing it with your parents, even if they live with you, is a breach of the DPA.

[ora]

Thanks guys,

 

I am over 18. So what can they do legally or with regard to the DWP if i continue to refuse to provide the info. They have stated to me in the past they believe I have worked for various different organisations, even that i am self employed. They then asked me if I had informed HMRC of this. I informed them I wasnt willing to discuss this with them but yet they persist.

[renegadeimp]

Send them a letter/email and politely but firlmy tell them where to go, and any further communication from them will be considered harassment and will be treated as such.

[Mr.P]

A couple of things I've posted on similar threads:

Harassment is a criminal offence under several Acts :

Public Order Act 1986

Section 4A, inserted by the next mentioned Act, creates the offence of intentional harassment, alarm or distress.

Section 5 creates the offence of harassment, alarm or distress.

Criminal Justice and Public Order Act 1994

 

• The Criminal Justice and Public Order Act 1994 only applies in England and Wales.
  

This Act provides means whereby intentional harassment, alarm or distress is a criminal offence. This makes all forms of harassment illegal, punishable on conviction by a six month jail term or a £5,000 fine. It is necessary to prove that the harasser's actions were intentional, and that someone was actually harmed by their actions.

Protection from Harassment Act 1997

Under this Act, it is an offence for a person to pursue a course of action which amounts to harassment of another individual, and that they know or ought to know amounts to harassment. Under this act the definition of harassment is behaviour which causes alarm or distress.

 

If the perpetrator is using the telephone, he/she would also fall foul of the telecommunications act and be in breach of T&C from their TelCo - Go to the Ocom page about harassment and lodge a complaint. In extreme cases, call the police. But to start with, a cease and desist letter should probably be sent pointing out the legislation they could be in breach of.

What constitutes harassment within the scope of the Protection from Harassment Act 1997 quoted from CPS:

Although harassment is not specifically defined it can include repeated attempts to impose unwanted communications and contacts upon a victim in a manner that could be expected to cause distress or fear in any reasonable person.

The harassment of another or others can include a range of offences such as those under: the Protection from Harassment Act 1997; the Offences Against the Person Act 1861; the Sexual Offences Act 2003; and the Malicious Communications Act 1988.

 

 

 

Harassment of an individual can also occur when a person is harassing others connected with the individual, knowing that this behaviour will affect their victim as well as the other people that the person appears to be targeting their actions towards. This is known as 'stalking by proxy'. Family members, friends and employees of the victim may be subjected to this.

As EOS is now attempting to elicit personal information from family members, this could also be a breach of the Data Protection Act and the European Convention on Human Rights - A formal complaint should be addressed to the Third Party Provisions Manager at your regional DWP office, a cease and desist notice sent to EOS head office, and at your discretion, talk to the Information Commissioner's Office.

 

If these repeated calls are causing distress, you also have the option of discussing the matter with the police (don't let them fob you off with a "it's a civil matter" or "not our problem"). You could also contact your local MP and ask him/her to intervene on your behalf.

 

As you have closed your JSA claim, any contractual obligations that may have existed between yourself and EOS have evaporated. Whilst EOS may be required to "maintain contact" with you within the scope of their contract with the DWP, this can only be done with your explicit consent. If that consent has been refused, then they should be respecting your wishes as per WP guidance notes issued by the DWP.

[ora]

Hi guys

 

Thanks for your advice. A month on the saga continues. I informed them explicitly not to contact me again, this has been ignored.

 

I informed them by phone not to contact me again and take my details off the system. I was told a note would be put on the system and may receive a few calls but it should clear up. I promptly told them that my info was my private info and not to contact me again.

 

Fast forward, I have had Eos actually visit the house. I wasnt there, however, they told my parents that they were aware i had told them I wanted no more contact and in the representatives words 'this is why it has been passed onto me'. He was to re-engage with me as contact had broken down. He then informed my parents that should I wish to re-engage that as a 'good will gesture' they were offering me £50.00.

 

Needless to say i was fuming and contacted the representative directly with the contact details left. I explained I was not happy, I didnt want the money and would not be providing my details again explaining that I was my details were private and that was that. he accepted what I said (I think) and told me that he could not find a consent form for Eos and that I was under no obligation to provide my details, yet went onto to try to elicit info about my employment. He informed me my 2 year work contract was coming to an end.

 

In the end I requested the following:

 

a) No contact from them again

b) i want all my details removed from their system

c) Not to pass any of my details onto the DWP or other government body

 

I asked what they would be doing with 'my file' as it was called. The representative explained that they would pass the details onto the DWP in file format. I asked what the DWP did with this once they had it to which i could not get a straight answer - can anybody explain this to me - what it contains info wise and where it goes to.

 

I would also appreciate any info on my legal position now. I have informed the representative that they have gone too far and that I would begin to consider legal action for Harassment. What are my rights to have my details deleted from Eos systems and to ensure they do not share any other information with any other body?

 

Thanks guys

[renegadeimp]

You need to get a formal complaint in detailing what ha happened and that the company has completely ignored your requests, even going so far as to turn up at your home despite MULTIPLE communication telling them to bugger off.

[antone]

If they "pass your file" back to the DWP, the DWP will do nothing. You are not claiming benefits.

 

You can't really tell them not to pass on your information to the DWP, though, they're part of the same data chain. But most of what they know about you, they found out from the DWP in the first place.

 

As said, complain formally.

[Mr.P]

I asked what they would be doing with 'my file' as it was called. The representative explained that they would pass the details onto the DWP in file format. I asked what the DWP did with this once they had it to which i could not get a straight answer - can anybody explain this to me - what it contains info wise and where it goes to.

 

I would also appreciate any info on my legal position now. I have informed the representative that they have gone too far and that I would begin to consider legal action for Harassment. What are my rights to have my details deleted from Eos systems and to ensure they do not share any other information with any other body?

 

To find out what information Eos hold, you can send a Subject Access Request to the DWP demanding a copy of all data held by third parties contracted to the DWP.

 

As for data retention, I believe providers are required to retain records for seven years as part of the ESF & DWP contract - I know, it sucks. But if you submit a SAR in six years time and find documents missing, you can be a thorn in their side by complaining to the Information Commissioner.

 

If an Eos representative comes knocking at your door again, you have the legal right to ask him/her to leave, and if they fail to comply promptly, you have the option to use reasonable and appropriate force. I am fortunate that my front door opens outwards, so if the door hasn't smacked them in the face, I have a walking stick I can use to prod them in the direction of the road. The final option is a 999 call which may be worth considering if the visit causes distress.

[Nystagmite]

I'm sure DWP would be interested to know what EOS are up to...

[antone]

Yes. At least at the "rank and file" level, DWP staff are not normally huge fans of the WP providers.