Debt counsellor breaches Data Protection

[draigfach]

I had a debt counsellor call at my house chasing me for £1000 for car arrears plus his made up costs of £293. I live with five other people. One of them answered and said he knew nothing about it. The debt counsellor then proceeded to put an open letter through my door (potentially for all my housemates to read and discuss) then proceed to put the same letter through the neighbours door.

 

This obviously has upset me and made me paranoid to go out and affected my health and made me feel like the whole street etc know my business blah blah blah.

 

So far I have written to

 

1) his company - no reply

2)The car finance company - who have decided out of goodwill they will knock £200 off if i phone them to settle (inc his costs still) so technically still charging me £93 for him to spread my details round the village.

3) Information commisioners re data protection act - this can not result in me gaining financially can only get his company a warning or in trouble etc.

4) Credit services agency. he has broken various rules on their website that his company have agreed to. By the way this is worth a read.

 

I am currently planning to let them take me to court for this debt and there stance appears to be to bully and threaten mewith various means and long titles and threatening letters. Frankly they seem to be blowing in the wind as the letters contridict each other.

 

I have two questions. If it got to court would the debt collectors actions gain me any financial advantage eg could i offer them half.

 

Can I or do you think it is worth my while taking the debt counsellor to court for his actions towards me and the effect it has had on my happiness/health?

 

At the end of the day I may as well just pay them if there is no financial gain to this. However I am staggered that there can't be consequences for going to someones neighbours house and informing them of your debt.

[mutzi]

You could try trading standards too, see what they say.

 

You may want to use this in any further letters. This isn't legally binding but holding a credit license is subject to the OFT's approval. Quote from their guidance on debt collection:

http://www.oft.gov.uk/NR/rdonlyres/50F06527-9FC5-4610-B385-999D6E2A8950/0/oft664.pdf

 

Page 9

Physical/psychological harassment

2.5 Putting pressure on debtors or third parties is considered to be oppressive.

...

i. disclosing or threatening to disclose debt details to third parties unless

legally entitled to do so

j. acting in a way likely to be publicly embarrassing to the debtor either

deliberately or through lack of care, for example, by not putting

correspondence in a sealed envelope and putting it through a letterbox,

thereby running the risk that it could be read by third parties.

and 11

Charging for debt collection

2.9 Charges should not be levied unfairly.

2.10 Examples of unfair practices are as follows:

a. claiming collection costs from a debtor in the absence of express

contractual or other legal provision

b. misleading debtors into believing they are legally liable to pay

collection charges when this is not the case, for example, when there

is no contractual provision

...

d. applying unreasonable charges, for example, charges not based on actual

and necessary costs

e. applying charges which are disproportionate to the main debt.

From a legal perspective there is the Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

This would be a criminal offence. You could take various action for harrassment but I would seek professional advice on exactly how to take this further.

 

Good luck

[Gruffle Gaw]

You might also want to take a look at the Harassment Act 1997 and article 8 of the Human Rights Act (right to privacy) as well as cases pertaining to Breach of Confidence. Googling these should produce some helpful information.

[draigfach]

Thanks for your help I will include some of this in a letter. I have written a reply offering £500 as full and final settlement to the money I owe and agreed to pay it immediately (Haven't sent it yet). I have done my complaining to the various institutons and replies from them should enhance my case in court.

 

My real question is can I actually get money off this debt because of what they have done to me?

[lookinforinfo]

I wouldn't be in too much of a hurry to settle for half. If Court proceedings

have not yet started, you have got at least a couple of months breathing

space to see how your letter to Trading standards works out.

 

Although I have a feeling that in the light of the debt counsellors actions,

the chances of them taking you to Court have probably diminished.

 

However I am surprised that you were prepared to let them take you to Court

in view of you apparently being in the position of being able to offer them half.

As you would be liable to pay their Court costs, it seems an unnecessary

addition for you unless you feel that there is something else that might

be in your favour to argue your case in Court.