Is it a breach of Data protection to give details to a debt collector?

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Soldato
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I've had my details passed to a debt collection agency because Tiscali "think" I owe them money.

They are complete idiots and I don't owe them £18.37.... They owe ME £45.43.

So... was it illegal for them to pass my details on to a thrid party without my consent?

If possible I would like to take action against them for harassment and breach of confidentiality.

Since they gave my details to C.A.R.S. I have had unsolicited text messages and voicemails left on my mobile and now I have received a letter from C.A.R.S. Demanding the money and threatening with a default notice.

All this without so much as a telephone call from Tiscali themselves.

I've written them a nasty letter explaining the situation which I will post to them shortly.

G
 
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i belive its legal.

as something you signed would have stated that if you fail to pay they will pass your details onto a debt collecting agency
 
Stinky said:
i belive its legal.

as something you signed would have stated that if you fail to pay they will pass your details onto a debt collecting agency
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I could understand that, IF I owed them anything in the first place, but as I did not I cannot see this being the case.

To cut a LONG story short....

I moved out... THEY couldn't provide internet in my new place..... THEY said I had no choice but to cancel immedietly with no further costs to myself.....

Then THEY billed me for another two months before I instructed my bank not to give them any more money.

Now they are trying to get another 18 quid despite still owing me £43 :/

So through their complete incompetence they thought I owed them money when I didn't and have passed on my details.
 
thats the thing with taking on such a big company!

im going though the same with three at the moment, you never get to speak to the same person and they sill incompetent to write on your file what is going on.

just the other day i had a conversion with three which resulted in me talking to 5 different departments (3 of which i got transfered to again) for them all to ask the same things, and be told the same things. ended up with THEM hanging up on me!
 
The first draft of my letter lol:

"Dear Sir/Madame,

I am disgusted to have to be writing to you about this matter. I have just been issued a letter from a debt collection agency called C.A.R.S. demanding that I pay you idiots £18.43. I am appalled that you would give my personal information to a 3rd party without prior consent or good reason. A matter I will be following up accordingly. Allow me to fill you in on where you have gone wrong, try to keep up, I know you have been struggling with this part for some time now....

On the 30th of October I phoned Tosscali customer services to explain that I was moving house on the 31st and I would therefore need to move my broadband to a different house. I was unfortunately (at the time) told that I couldn't move my broadband to the new address as Tiscali was not available there, despite both properties being on the same exchange. It was explained to me that if I could not move the account to the new address that I would have no choice but to cancel the account effective immediately. In my Tiscali terms and conditions it clearly stated that:

"12.3 We can suspend or end the Services (or both) immediately and without notice:

12.3.3 if for reasons outside our control, we cannot continue to provide the Services;"

It was agreed BY YOURSELVES when I phoned up that I would have to cancel my contract with you immediately and there would be no further charges. I was disappointed with this as I had not had any problems with Tiscali (before now).

I thought that would be the end of the matter and we moved house and took up a broadband contract with a much better, cheaper and generally less incompetent service provider.

Little did I know you morons would continue to take money from my bank account even after I was out of contract with you. Tiscali STOLE £45.43 from my account before I had to instruct my bank to disallow ANY further transactions from Tiscali. After this I got a laughable letter from Tiscali explaining that I "owed" them a further £18.37. I telephoned Tiscali to explain that I didn't even live at the address in question any more and that I had ceased service and contract with Tiscali on the 30th of October 2007. I asked that they please stop sending mail to a house I no longer lived at.

If through your incompetence you have continued to provide a broadband service to the new residents of my old house that is really not my problem or my concern. My concern now is that you have unlawfully given out my personal details to a debt collection agency!!! This is totally unacceptable and I feel I need to take legal action with regards to this matter, something I will proceed with after you have reimbursed me my £45.43 plus interest and any compensation you feel I should be entitled to for your continued harassment and blatant breach of confidentiality and indeed the data protection 1998 which you yourselves "claim" to adhere to.

Again it seems you need reminding of your own legal obligations:

"8 YOUR PERSONAL INFORMATION AND PRIVACY
8.1 We will comply with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any other applicable data protection legislation in relation to the handling of your personal data.

To finish I would like to point you in the direction of yet another part of your terms and conditions that now applies, just in case you decide to let this one slip your simple minds as well:

10 DISPUTES

10.1 We will do out best to reslve (I can't help but wonder if this is spelt incorrectly on purpose) any disputes between us. We will deal with all disputes and complaints in accordance with our Code of Practice on our Website

10.2 If you are not satisfied with the way we have dealt with your complaint after you have exhausted our escalations process set out in the Code of Practice or the resolution of the dispute, you can refer the matter to the independent ombudsman scheme that we are part of. Details of the independent ombudsman can be found within the Code of Practice. The ombudsman will review the matter fully and we agree to be bound by the ombudsman's final decision.

Pay close attention to part 10.2 as this will no doubt be the subject of my next letter.

As you can understand I am extremely angered by this whole situation. You therefore have 14 days to respond to this letter before I take legal action against yourselves.

Yours Regretfully,
"
 
As has been said, you're signing the contract will have involved waiving certain rights in the event of your being indebted to them. Whether you are or not is another question, but what they have done is essentially legal. If there is a genuine error, get in touch with Oftel or Ofcom, I forget who deals with broadband, and make a complaint. Ask someone to contact Tiscali about your problems. They should call off the debt collectors pretty quick. Then switch providers. They won't change if they aren't losing customers over this sort of thing.

Also, don't be nasty in a letter. Be polite but firm.

EDIT: Yeah, I'd sort that letter out. Witty though it is in parts, it's not going to get you anywhere and will just end up pinned to a notice board somewhere for them all to laugh at.
 
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did you really write that?? i dont think they wil like the tosscali bit or the idiots / morons lol

i can see where you are coming from though!
 
Stinky said:
did you really write that?? i dont think they wil like the tosscali bit or the idiots / morons lol

i can see where you are coming from though!
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Yes I wrote it, why? :)

Also, it's still a very draft letter, I will edit out the stupid parts. I really just put them in to lighten my mood until I've finished tbh.

Is the rest of the letter ok though?

Cheers,

G
 
yea i like the way you have given reference to there policy ;) pins them down really. and shows them you know what your talking about
 
It'd be better if you sent it in a jiffy bag with 2 batteries, some offcuts of wire and a half pound block of marzipan, but I like your style no less.

You probably did sign your life away, BUT they can probably only legally pass your details on if you DO owe them money. Prove you don't, and then get em for data farming, too late though, the damage is done, the loan shark company will sell your name and address to everyone on Earth, :(
 
"demanding that I pay you idiots"

"Allow me to fill you in on where you have gone wrong, try to keep up, I know you have been struggling with this part for some time now"

"I phoned Tosscali customer services"

"took up a broadband contract with a much better, cheaper and generally less incompetent service provider."

"Little did I know you morons would continue to take money"

"Tiscali STOLE £45.43 from my account"

"I got a laughable letter"

"just in case you decide to let this one slip your simple minds as well"

All the above just make you look like a 15 year old raging against the machine :/
 
I've had the same problem, i moved away from them to another provider, they tried to carry on billing me so i cancelled the DD.

Cue the demands, threats and debt collection letters. Idiots.
 
take out the personal attacks.

never phone them.

take em to court. moneyclaim online. But yeah send letters first to them cc to Ofcom, FSA etc (court has to see that you attempted to resolve matters peace-ably)

charge em interest
charge em for each letter you send (costs + time taken)
causing you stress and undue financial duress

show no quarter and no mercy.
 
Guru said:
I am disgusted to have to be writing to you about this matter. I have just been issued a letter from a debt collection agency called C.A.R.S. demanding that I pay you idiots £18.43. I am appalled that you would give my personal information to a 3rd party without prior consent or good reason. A matter I will be following up accordingly. Allow me to fill you in on where you have gone wrong, try to keep up, I know you have been struggling with this part for some time now....
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Well, you seem to have struck the right note...
 
Debt collectors cannot do ANYTHING other than threaten you. Unless Tiscali take you to court and should you lose, which seems is very unlikely, they cannot force money out of you. I'd just write them a more polite but firm letter saying you want your money back and that if you receive any more claims of money, you will take them to court under the Protection From Harassment Act 1997 and Administration of Justice Act 1970. If you don't really want the money back but just want them to leave you in peace, send them a cease and desist letter, and quote the above act again.
 
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DB_SamX said:
Debt collectors cannot do ANYTHING other than threaten you. Unless Tiscali take you to court and should you lose, which seems is very unlikely, they cannot force money out of you. I'd just write them a more polite but firm letter saying you want your money back and that if you receive any more claims of money, you will take them to court under the Protection From Harassment Act 1997. If you don't really want the money back but just want them to leave you in peace, send them a cease and desist letter, and quote the above act again.
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Until they get a warrant to come into your house and pinch stuff...
 
vonhelmet said:
Until they get a warrant to come into your house and pinch stuff...
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Don't confuse debt collectors with bailiffs - they are different. :) http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289

Even then, I am fairly sure a warrant cannot be issued unless a County Court Judgement has been made, and for this to happen, you must have lost the case. (Someone correct me if I am wrong) http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/DG_10013083
 
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If I was dealing with Tiscali customer complaints and saw a letter like above I'd shread it.

Grow up and write a polite but firm letter, it will be much more effective.

And yes they can pass your details onto a debt collection agency.
 
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