Comments on: The Data Protection Act http://whatconsumer.co.uk/the-data-protection-act/ Clear and Practical Consumer Advice Mon, 15 Mar 2010 12:27:00 +0000 http://wordpress.org/?v=abc hourly 1 By: Catriona http://whatconsumer.co.uk/the-data-protection-act/#comment-1748 Catriona Thu, 26 Mar 2009 10:43:10 +0000 http://whatconsumer.co.uk/?p=106#comment-1748 Dion, well done. As I say it is the DCA's responsibility to get their facts right. You can also file a complaint against them with the OFT. Dion, well done. As I say it is the DCA’s responsibility to get their facts right. You can also file a complaint against them with the OFT.

]]> By: Dion Hughes http://whatconsumer.co.uk/the-data-protection-act/#comment-1742 Dion Hughes Tue, 24 Mar 2009 22:56:30 +0000 http://whatconsumer.co.uk/?p=106#comment-1742 Thank you Catriona for your reply. It's a weight off our minds. I have contacted the Citizens Advise Bureau and they say we might have a case against them for harassment. I have a meeting with them soon. The Debt Collection Agency even phoned me again today!!! I told them I was in contact with the CAB and couldn't continue any dialogue with them. Ha! They put the phone down very quicky!!! Again thank you very much. All the best Dion. Thank you Catriona for your reply. It’s a weight off our minds. I have contacted the Citizens Advise Bureau and they say we might have a case against them for harassment. I have a meeting with them soon. The Debt Collection Agency even phoned me again today!!! I told them I was in contact with the CAB and couldn’t continue any dialogue with them. Ha! They put the phone down very quicky!!!

Again thank you very much. All the best Dion.

]]> By: Catriona http://whatconsumer.co.uk/the-data-protection-act/#comment-1739 Catriona Tue, 24 Mar 2009 21:48:37 +0000 http://whatconsumer.co.uk/?p=106#comment-1739 Dion, No, there is no possibility of your partner being prosecuted. It is the job of the DCA to ensure they are acting on the correct information - clearly they failing in this duty and harassing you like this puts them in breach of the OFT's guidelines. Please see our section on DCAs for more: http://whatconsumer.co.uk/debt-collection-agencies/ Dion, No, there is no possibility of your partner being prosecuted. It is the job of the DCA to ensure they are acting on the correct information – clearly they failing in this duty and harassing you like this puts them in breach of the OFT’s guidelines. Please see our section on DCAs for more:
http://whatconsumer.co.uk/debt-collection-agencies/

]]> By: Dion Hughes http://whatconsumer.co.uk/the-data-protection-act/#comment-1732 Dion Hughes Mon, 23 Mar 2009 20:12:09 +0000 http://whatconsumer.co.uk/?p=106#comment-1732 My partner was contacted by a debt collection agency, they asked for Mrs Hughes she answered that she was Mrs Hughes, (although were not married, and she has a different surname - she does this sometimes). It transpires that the debt is in the previous occupants name, from about 5-6 years ago, the debt collection agency still has their details linked to my house. Suffice to say, they refused to believe me and quoted the data protection act by threatening my partner with court action for misleading them saying it was against the law to impersonate someone else!!! What I want to know is, have they acted accordingly and is my partner liable to get prosecuted? p.s. This is not the first time we've been harassed by debt collection agencies, therefore I believe all of them are holding out of date information. My partner was contacted by a debt collection agency, they asked for Mrs Hughes she answered that she was Mrs Hughes, (although were not married, and she has a different surname – she does this sometimes). It transpires that the debt is in the previous occupants name, from about 5-6 years ago, the debt collection agency still has their details linked to my house. Suffice to say, they refused to believe me and quoted the data protection act by threatening my partner with court action for misleading them saying it was against the law to impersonate someone else!!! What I want to know is, have they acted accordingly and is my partner liable to get prosecuted? p.s. This is not the first time we’ve been harassed by debt collection agencies, therefore I believe all of them are holding out of date information.

]]> By: Catriona http://whatconsumer.co.uk/the-data-protection-act/#comment-1670 Catriona Wed, 11 Mar 2009 23:27:27 +0000 http://whatconsumer.co.uk/?p=106#comment-1670 Ewan, companies should establish you are who you say you are before they can discuss personal details, although from my experience this is more when you phone them rather than when they phone you. I wouldn't have said it was a breach of DPA as it hasn't been passed on or unlawfully processed. Go to the ICO's website for more clarification. Ewan, companies should establish you are who you say you are before they can discuss personal details, although from my experience this is more when you phone them rather than when they phone you. I wouldn’t have said it was a breach of DPA as it hasn’t been passed on or unlawfully processed. Go to the ICO’s website for more clarification.

]]> By: Ewan http://whatconsumer.co.uk/the-data-protection-act/#comment-1661 Ewan Wed, 11 Mar 2009 11:53:22 +0000 http://whatconsumer.co.uk/?p=106#comment-1661 A company who has been dealing with my contents insurance has spoken to me on three separate occasions on my mobile phone without confirming any details to establish if I am the correct person. Is this a breach of DPA 1998? A company who has been dealing with my contents insurance has spoken to me on three separate occasions on my mobile phone without confirming any details to establish if I am the correct person. Is this a breach of DPA 1998?

]]> By: Catriona http://whatconsumer.co.uk/the-data-protection-act/#comment-1136 Catriona Mon, 05 Jan 2009 17:46:28 +0000 http://whatconsumer.co.uk/?p=106#comment-1136 Julie, You did nothing of the kind, if no written or verbal contract or Ts and Cs existed, how could you have acted fraudulently? I'm not too sure of the rules concerning what kind of card info they can hold, but I'm fairly sure you must give your approval for your card to be used at a later date - exactly as they do in hotels. if they are going to keep hold of your card details, there must be some mention of this in their Ts and Cs. If not, request your card details be removed on the basis that they are no longer relevant. You can always report them to the ICO who are always very helpful. Julie, You did nothing of the kind, if no written or verbal contract or Ts and Cs existed, how could you have acted fraudulently? I’m not too sure of the rules concerning what kind of card info they can hold, but I’m fairly sure you must give your approval for your card to be used at a later date – exactly as they do in hotels. if they are going to keep hold of your card details, there must be some mention of this in their Ts and Cs. If not, request your card details be removed on the basis that they are no longer relevant. You can always report them to the ICO who are always very helpful.

]]> By: Julie Hunt http://whatconsumer.co.uk/the-data-protection-act/#comment-1114 Julie Hunt Wed, 31 Dec 2008 14:33:24 +0000 http://whatconsumer.co.uk/?p=106#comment-1114 Thank you Catriona for letting me know - much appreciated. THe company are still holding my debit card details 3 weeks after transaction had taken place for the ski lift passes. There has been some dispute over the deposits for passes, as there was lack of communication from the reps working for the ski tour operator who did not inform us at the start of the company nor was it in writing in documentation we received prior to our departure that it was a different procedure to previous holidays with them, we, along with other groups staying at the same chalet, took the lift passes back to the lift pass office ourselves to retrieve our refundable deposits. The tour operator did not make it clear that they actually paid for the deposits and that we should have handed them back to the reps. This confusion has resulted in the tour operator informing me that they will charge my card to get the money back. This is what concerns me is that the fact they have been holding our card details for so long, and then decide to take money back whenever they wanted to. I would have quite happily handed over the passes on the last day, or indeed given them the 3 euro deposit per lift pass at the start of the holiday. But instead, it's resulted into accusations from the owner of the tour operator informing me (and the other guests) that we have committed a deliberate and fraudulent act. Thank you Catriona for letting me know – much appreciated. THe company are still holding my debit card details 3 weeks after transaction had taken place for the ski lift passes. There has been some dispute over the deposits for passes, as there was lack of communication from the reps working for the ski tour operator who did not inform us at the start of the company nor was it in writing in documentation we received prior to our departure that it was a different procedure to previous holidays with them, we, along with other groups staying at the same chalet, took the lift passes back to the lift pass office ourselves to retrieve our refundable deposits. The tour operator did not make it clear that they actually paid for the deposits and that we should have handed them back to the reps. This confusion has resulted in the tour operator informing me that they will charge my card to get the money back. This is what concerns me is that the fact they have been holding our card details for so long, and then decide to take money back whenever they wanted to. I would have quite happily handed over the passes on the last day, or indeed given them the 3 euro deposit per lift pass at the start of the holiday. But instead, it’s resulted into accusations from the owner of the tour operator informing me (and the other guests) that we have committed a deliberate and fraudulent act.

]]> By: Catriona http://whatconsumer.co.uk/the-data-protection-act/#comment-1112 Catriona Wed, 31 Dec 2008 12:14:02 +0000 http://whatconsumer.co.uk/?p=106#comment-1112 Julie, I don't think a time limit is mentioned in the act, but details can only be kept as long as they are relevant to the company concerned - i.e. that they are still using them to debit your account. Julie, I don’t think a time limit is mentioned in the act, but details can only be kept as long as they are relevant to the company concerned – i.e. that they are still using them to debit your account.

]]> By: Julie Hunt http://whatconsumer.co.uk/the-data-protection-act/#comment-1105 Julie Hunt Tue, 30 Dec 2008 09:27:30 +0000 http://whatconsumer.co.uk/?p=106#comment-1105 How long can a company keep your debit or credit card details on file? How long can a company keep your debit or credit card details on file?

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