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can bank release copys of your statements to debt collectors

Firstly i couldn't find a section to post this where it fist so trying here. Can banks release copys of your statements? 2 years ago i was in debt with barclays by £170 i reclaimed my bank charges back £1200 and barclays accepted this minus the difference of what i owed them. Problem sorted. Now due to some stupid people at barlcays the debt was obviously never wiped the debt as i have now got a debt collector asking for the £170. I told them how i collected my charges back minus the £170. I am currently trying to find the letters proving it was settled, but what concerns me is these people have now sent me copys of my bank statements with all my transactions on people who paid me money, standing orders etc. surely this is my own personal data? i would of thought it would be illegal to send this information out???? I am now with natwest so not been with barclays since settlement
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Comments

  • churchrat
    churchrat Posts: 1,015 Forumite
    I think it depends on who the collectors are--could they be an inhouse arm of barcays??
    LBM-2003ish
    Owed £61k and £60ish mortgage
    2010 owe £00.00 and £20K mortgage:D
    2011 £9000 mortgage
  • JCS1
    JCS1 Posts: 5,338 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I used to work for the Official Receiver and could never got copies of bank statements when wanted, even though we had a legal right to them. Suspect the DCA could be in-house and that's how they've got round Data Protection?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Mercers?....................
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • ident
    ident Posts: 48 Forumite
    There nothing to do with barclays, They have brought the debt off of them.
  • JCS1
    JCS1 Posts: 5,338 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    What's the name of the DCA?
  • ident
    ident Posts: 48 Forumite
    BMS booker management services limited
  • JCS1
    JCS1 Posts: 5,338 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Googling them shows they are independant, so it does look dodgy. Am sure someone will come along soon with more experience of this, but am guessing they have breached DPA and several other bits of legislation by doing that.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    JCS1 wrote: »
    Googling them shows they are independant, so it does look dodgy. Am sure someone will come along soon with more experience of this, but am guessing they have breached DPA and several other bits of legislation by doing that.

    Maybe? Debts are sold ("assigned") under the Law of Property Act 193* (ish). Obviously data protection wasn't really an issue then, so I'm not sure exactly how it applies here.

    They have "bought the debt" (if it exists) and the right to collect, but I'm not sure if they have the right to original documentation that is not essential to the agreement. Does that include statements?

    Best bet is to contact the ICO.

    https://forms.ico.gov.uk/enquiry.aspx
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • ident
    ident Posts: 48 Forumite
    Thank you very much, does seem a bit dodgy. I hope some one can shed some more ligth on this. I have emailed the ICO
  • ident
    ident Posts: 48 Forumite
    any one else with some idea on this while i await a reply from ico
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