Data Protection Act Help Please

cscarlsson

Hi Moneysavers,

I just received a call from a credit card because I missed my payment this month, long story, lost job, started a business, money's tight. So, anyway, the operator asked for me by name and I asked who was calling, he told me 'x' credit card company and after asking me whether I was the cardholder he started telling me how I'd missed the payment, how much it was etc etc.

Correct me if I'm wrong but surely just asking me if I'm the card holder is not enough information to identify me as the cardholder whether or not I answered a phone number they have on file. I questioned this and was told that as he had called me at a number I had registered on my account he had no obligation under the data protection act to go through any security, simply asking if I was the cardholder was enough. The point I made to him then was that my father-in-law lives with us, also my son, either of those could have picked up the phone and said they were me, ok it's not likely but it is possible. He just kept telling me that there was no need to go through any other security. I've advised him to speak to his supervisor because I'm sure that cannot be correct.

Incidentally, had he asked me to run through security I would have refused, simply because i have no way of confirming he is who he claims to be. I always state that due to the rise in cases of identity theft I am not prepared to reveal personal information over the phone to an incoming caller and that the company should put any correspondence to me in writing at the address they will have on file if they are who they claim to be.

never-in-doubt

He is incorrect, the DPA states that the caller should ensure (beyond no reasonable doubt) that they are speaking to the account holder. A simple 'Are you Mr XXX' does not conform. A simply complaint to the ICO will help but nothing in it for you and they won't learn to be fair.... just leave them sooner than later!

cscarlsson

Thanks for that, that's exactly what I thought.

izools

Also if you might need to pay them very little / token payments for a while it would be a good idea to write to them immediately, putting your proposal in writing, with an income and expenditure sheet, also mention in the letter that you rescind permission to be contacted by telephone.

CC companies can be quite agreeable in my experience and freeze interest / not default as long as you make a reasonable offer and stick to it. 1% of the balance each month if you can. They often mark the account as an "arrangement" on your credit report but don't report the account as in default or arrears; but you would be best advised to nip it in the bud writing to them straight away to avoid hassle.

And no, the chap that called was non-compliant with the DPA. The DPA suggests verifying three pieces of personally identifiable information before releasing personal information.

p00hsticks

cscarlsson wrote: »

Incidentally, had he asked me to run through security I would have refused, simply because i have no way of confirming he is who he claims to be. I always state that due to the rise in cases of identity theft I am not prepared to reveal personal information over the phone to an incoming caller and that the company should put any correspondence to me in writing at the address they will have on file if they are who they claim to be.

I understand your point, but bear in mind that they could be calling you to query potential fraudulent transactions, and if you refuse to speak to them and insist on them communicating in writing, it gives fraudsters time to run up an extremely large debt. (OK you won't end up having to pay it, but it's less complicated to sort out if you can nip it in the bud).

What I do is ask the person on the end of the line to provide details to prove that they are legitimately ringing from the bank - for example, get THEM to tell YOU the credit limit on your card, what the expiry date is, what your middle name is, when you first took out the card etc.....

izools

Or even better just ask them to give you a number to call them back on. Or ask where they are calling from and call the number for that company as listed on their website / saynoto0870.com