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Hi

 

A colleague received a telephone call from an enforcement agent who had got their employers details from the council regarding a council tax debt.

 

They are trying to sort this out but the enforcement agent was very aggressive and unhelpful (and asked if we knew where their partner works).

 

Has the council breached data protection by giving these details to the collection company?

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Yes they have. Which company was the enforcement agent from?


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Hi, I am not sure. He just said he was the council's enforcement agents.

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Need to know if they are in house, or if the Council is infested with Capita, the EA is Equita or Ross & Roberts which they own. Council might use the this is OK as Enforcement is a legal process, and the Data is allowed to be shared with the bailiff excuse or reason. Needs looking at in light of GDPR.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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moved to the main bailiff forum


..

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It was Newlyn, just asked them.

 

I suppose they could have got the employer from Linked In etc but still not sure they should be doing it.

Edited by dx100uk
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Hi

 

A colleague received a telephone call from an enforcement agent who had got their employers details from the council regarding a council tax debt.

 

Could it be possible that the colleague had previously had an attachment of earnings order from his or her salary to pay council tax arrears?

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Possibly but surely council shouldn’t give debt collectors that information knowing they are an employee? It could lose someone their job.

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Possibly but surely council shouldn’t give debt collectors that information knowing they are an employee? It could lose someone their job.

 

I notice that the thread title has been changed to say 'Newlyn Enforcement Calling at Work'. From this, I am assuming that your colleague did not receive a telephone call on her mobile phone but instead; the call came through your employers switchboard. I am right?

 

Do you know whether the colleague had ever provided his or her employment details to the council? Is the employer listed on LinkedIn?

 

PS: You refer in your post to debt collectors. Can I just point out that an enforcement agent/bailiff is not a DEBT COLLECTOR. An enforcement agent's role is to enforce a legitimate court order.

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Yes they have. Which company was the enforcement agent from?

 

Good morning BF,

 

I attended a presentation a short while ago regarding data protection and bailiff enforcement and as I understand it, (and please correct me if I am wrong) that enforcement companies could rely upon the exemption under item 3 of Schedule 11?

 

http://www.legislation.gov.uk/ukpga/2018/12/schedule/11/enacted

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Employers switchboard, I took the call.

They asked for the person (who doesn't usually receive calls)

 

I asked who it was and they said "council enforcement officers".

I didn't pput the call through as they were unavailable.

 

They did have an attachment to earnings a couple of years ago.

They also asked for this persons partner.

They are worried the bailiffs will turn up here.

 

I guess it could be; but it is a little ambiguous in that, as I understand it, they cannot visit a workplace if the person is an employee which they must be if they had an attachment to earnings.

Edited by dx100uk
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Employers switchboard, I took the call. They asked for the person (who doesn't usually receive calls) so I asked who it was and they said "council enforcement officers". I didn't pput the call through as they were unavailable. They did have an attachment to earnings a couple of years ago. They also asked for this persons partner. They are worried the bailiffs will turn up here.

 

If they are worried at the prospect of bailiffs attendance, then all that is needed is for the employee to make contact with the enforcement company and get a payment arrangement set up. Trying to ignore the debt will not help matters at all.

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as previously mentioned they are trying to sort this out.

 

They had a payment plan in place with the council directly for the arrears

 

their partner lost their job

the council refused to reduce the payment plan and insisted on the attchement to earnings which meant they almost lost their home

Edited by dx100uk
spacing

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Employers switchboard, I took the call.

They asked for the person (who doesn't usually receive calls). I asked who it was and they said "council enforcement officers".

I didn't put the call through as they were unavailable.

 

They did have an attachment to earnings a couple of years ago.

 

From your above response it seems that in fact, the local authority would have had the persons employment details. I am not so sure that there would be anything wrong in the council providing the telephone number to Newlyn's. I am pleased to read that the agent did not tell you that he was a bailiff and instead' used the term 'council enforcement officer'.

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If a local authority wishes to get a debtors employer involved then they can easily set up an AOE. Having the bailiffs contacting the person's workplace isn't cricket. Broken record time here but they really need to run this past their local elected councillor, who will put a stop to it pretty much immediately, if they are worth their salt.


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