Data Protection Rights: Can they use my previous address?

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TheToobJunkie
TheToobJunkie Posts: 5 Forumite
in Old Threads
I've become aware that a company had taken a CCJ in my absence at my previous address from where I had moved before the dispute occurred and had no knowledge of it and didn't tell them my new address.

Also, I'm disputing the issue. It relates to a distance learning course which I signed up for but cancelled before it started but the company says I didn't follow the right fine print cancellation method. However, I never received any education from them or any materials because I had moved.

Since then, due to address changing and postal costs, I have instructed to that company to only contact me via email and phone and clearly told them in writing to not to write to me at all - specially at my previous address as I am not there any more. I have refused to tell them my new address as well because I don't want them to use the postal address confusion to sneakily do something to me again.

However, they keep writing to my previous address, with account statements containing Data Protection Act sensitive information, for an excuse that since I haven't updated my new one with them they can use my old address - even though I have told them clearly that I don't live at my previous address at all.

Are they in breach of my rights according to the Data Protection Act?

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  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
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    Stop being stupid, where are they supposed to send the papers to if you wont update your details.
    Be Alert..........Britain needs lerts.
  • TheToobJunkie
    TheToobJunkie Posts: 5 Forumite
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    paddedjohn wrote: »
    Stop being stupid, where are they supposed to send the papers to if you wont update your details.

    Why do they need to 'send the papers?'

    Also, since becoming aware of the issue, I've had perfect communication with them via email.

    Are you saying that I have an obligation to have an updated postal address with a company I am in dispute with? Or are you saying that a company can fully well set aside Data Protection Act as long as they have an outstanding debt against someone with the full knowledge that it is not the right address but still keep on using it??

    I couldn't understand you except for you're a troll.
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
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    Have you made any arrangements to pay your debt?
    Be Alert..........Britain needs lerts.
  • TheToobJunkie
    TheToobJunkie Posts: 5 Forumite
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    paddedjohn wrote: »
    Have you made any arrangements to pay your debt?

    Nope. Like I said, since I got to know that the educational company want to charge me for the course and educational material I never recieved, 'I'M DISPUTING IT'.

    Gosh, I know internet forums are full of all kinds of people but this is a new low.

    Again, my concern isn't about the debt itself. I'm asking about the consequences in terms of DPA when a company knowing full well that the postal address is wrong and is told to communicate via email only and when we've had successful ongoing communication via email; still decides to chase you up at the wrong address with account statements and other confidential material via post to the wrong address - are they in breach of DPA or not?

    If you can't help me find answer to my question then go flame some other threads, dude. There are a plenty here, not just mine you know.
  • Annisele
    Annisele Posts: 4,827 Forumite
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    This isn't what you want to hear - but they're not breaking any rules. In some circumstances they'd even be required to write to you at your last known address.

    For example, if they wanted to sue you they'd have to serve papers on you. That usually means that they have to physically send papers to you (though they are exceptions to that). But they can't actually send papers to you, because they don't know where you are.

    If you take a look at the Civil Procedure Rules, there's a table at 6.9 about how to serve a claim form when the defendant won't give an address. In that case, the papers need to be sent to the person's "usual or last known address".
  • Hmm71
    Hmm71 Posts: 479 Forumite
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    TheToobJunkie wrote: »
    Nope. Like I said, since I got to know that the educational company want to charge me for the course and educational material I never recieved, 'I'M DISPUTING IT'.

    Gosh, I know internet forums are full of all kinds of people but this is a new low.

    Again, my concern isn't about the debt itself. I'm asking about the consequences in terms of DPA when a company knowing full well that the postal address is wrong and is told to communicate via email only and when we've had successful ongoing communication via email; still decides to chase you up at the wrong address with account statements and other confidential material via post to the wrong address - are they in breach of DPA or not?

    If you can't help me find answer to my question then go flame some other threads, dude. There are a plenty here, not just mine you know.

    http://www.ico.gov.uk/for_the_public.aspx
    This website might have some answers for you.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
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    You can ask the county court to have the judgment set aside - have you done that yet?
    "You were only supposed to blow the bl**dy doors off!!"
  • CAB_National_Representative
    CAB_National_Representative Posts: 220 Organisation Representative
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    TheToobJunkie wrote: »
    I've become aware that a company had taken a CCJ in my absence at my previous address from where I had moved before the dispute occurred and had no knowledge of it and didn't tell them my new address.

    Also, I'm disputing the issue. It relates to a distance learning course which I signed up for but cancelled before it started but the company says I didn't follow the right fine print cancellation method. However, I never received any education from them or any materials because I had moved.

    Since then, due to address changing and postal costs, I have instructed to that company to only contact me via email and phone and clearly told them in writing to not to write to me at all - specially at my previous address as I am not there any more. I have refused to tell them my new address as well because I don't want them to use the postal address confusion to sneakily do something to me again.

    However, they keep writing to my previous address, with account statements containing Data Protection Act sensitive information, for an excuse that since I haven't updated my new one with them they can use my old address - even though I have told them clearly that I don't live at my previous address at all.

    Are they in breach of my rights according to the Data Protection Act?

    Hi ToobJunkie - as Hmm71, and the information on our Adviceguide website says, it's the Information Commissioner's Office that can help with protection of your personal information. You can call their Helpline (0303 123 1113, Mon-Fri 9.00am-5.00pm) or from the ICO website's section on personal information.
    “Official CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe I’ve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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