requesting data from debt collection agency

n2n-man

Hi there,

First of all apologies if I have used the wrong forum to post this query...

I have recently had dealings with 2 debt collection agencies RoxBurghe and 1st Credit.

Roxburghe were chasing me for an outstanding bill from my previous mobile provider (3). I had always thought that I had paid the remaining balance. On looking into it I found that that I had been too keen to stop the direct debit, anyway I paid up and this debt is now in the clear.

Today I recieved a letter in the post from 1st Credit who are chasing for payment from my Water company. They also phoned whilst I was at work and spoke to my other half who felt very intimidated by thier attitide and so handed over my mobile phone number and works number!
I received a number of calls from them demanding payment there and then, they also tried to extract other personal details about me. I paid the remaining balance in full over the phone.

Now that I have no other outstanding debts with these companies I would like to request what details they hold about me and also request these details are removed from thier systems.

I understand I can make a SAR (Subject Access Request) for my personal details, but am I within my rights to ask them to delete any info on me as its no longer relevant.

Many thanks in advance and apologies for the long post.

Regards

lazy_tiger

http://www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_9

"Personal data shall be accurate and, where necessary, kept up to date. "

They are in breach of the fourth principle. They have inaccurate data provided by a 3rd party. They are probably holding the data using consent you gave when applying for credit from the original agreement. You could explicitly withdraw your consent for them to hold data as you suspect the original agreement has been breached or the originator has acted beyond the terms of their contract. You could threaten (nicely) them with legal action to recover any losses you may suffer (monetary or status) as a result of their use of incorrect data and/or time required to manage them as holding your data.

I think you can report them to the Data Protection Registrar, who will sit on their hands and may ask them nicely to comply. I think the fines only come out for gross and persistent breaches.

There are a number of easier guides for the DPA like http://www.charity-commission.gov.uk/supportingcharities/ogs/g058b004.asp

I'm sure there are legal eagles who do this for a living.

Tozer

I'm not sure that they are in breach of the DPA as they do not have inaccurate data.

They will be entitled to retain records of their involvement in the debt collection for a reasonable period of time.