Breach of Data Protection Act???

Arkwright617_2

Just wondered if anyone has any knowledge of the Data Protection Act.

A debt collection agency is chasing me for bank charges incurred on an unauthorised overdraft with the Natwest bank. I informed the debt collection agency that I was waiting for a list of all charges from the Natwest and that when I received them I would be dealing directly with the Natwest. They said they would chase up the Natwest with regard to the schedule of charges.

Yesterday I received a package from the debt collection agency which contained copies of all my bank statements for the last 7 years.

So my question is, do the debt collection agency have a right to see all my personal bank statements or is it a breach of the Data Protection Act?

dunstonh

So my question is, do the debt collection agency have a right to see all my personal bank statements or is it a breach of the Data Protection Act?

Its not a breach. You have been sold on. You no longer have a relationship with the bank. The debt collection agency have that relationship now.

Arkwright617_2

Whilst I appreciate the debt collection agency may now own the debt, I still wouldn't have thought they had a right to see personal spending habits.

At best I would have thought they could have information on the actual charges that have caused the debt, i.e. a summary of charges, but not every transaction I have made for the last 7 years, which quite frankly are none of their business.

natweststaffmember

Arkwright617 wrote: »

Whilst I appreciate the debt collection agency may now own the debt, I still wouldn't have thought they had a right to see personal spending habits.

At best I would have thought they could have information on the actual charges that have caused the debt, i.e. a summary of charges, but not every transaction I have made for the last 7 years, which quite frankly are none of their business.

Is the debt sold on or have the bank asked the DCA to pursue them?
Technically it might be a breach of OFT debt collecting guidelines on chasing a debt in dispute but you are about to dispute rather than have disputed them.

jamesd

The law requires the debt collection agency to supply proof of the debt.

They do need get sufficient information to show what produced the charges, which might include the details of the payments that caused an unauthorised overdraft to happen. It might seem reasonable also to include the other transactions needed to produce the balance before the account became overdrawn.

Arkwright617_2

I understand your point James, but the account became overdrawn in 2008 and they have copies of my statements going back to 2002.

Just thought it seemed a bit intrusive,

jamesd

That seems to be a lot more than is required for the debt collection work.

luke_passmore

In the grand scheme of things I doubt there would be much action that you could take on this matter. If you complain to the bank they will possibly apologise and assure that their systems are robust and this is a "training issue". If you complain to Data Protection Registrar then they will probably fob you off and promise to look into the matter (probably only examie the systems in place per records). The only other course of action in terms of DPA, as I understand it is the ability to seek damages if you have suffered a financial loss due to the action in question.

Given that it seems that there is no financial loss (correct me of course If I have misunderstood) you cannot seek recompense.

twinnies6

sorry if i posting in wrong thread but struggled to find data protection thread.

anyway i need advice about data protection. my son who is 15 and autistic and has learning disabilities had altercation with teacher cause he talking in class. teacher confronted him which all of his teachers know he reacts badly if you do. to cut a long story short it was an IT lesson and the teacher went to her computer and put my sons picture from year 7 up on large screen for all class to laugh at, she used my sons entry form to school which had all my details including address and phone numbers, and all my emergency contact details, my son reacted badly to this he kicked off to be exact because my details were exposed for all class to see on large screen. my son tried to get out classroom and teacher had hands on his shoulders pushing him back he pushed passed him and teacher said he assaulted him, my son has been suspended for week and got to face governers, i dont believe my son struck teacher on purpose he just wanted to get out of class and only pushed past him. i assume teacher not allowed to show my contact details and is breaking data protection act infront of class, this is an issue that got out of hand for silly issue. any advice would be appreciated.

[Deleted User]

twinnies6 wrote: »

any advice would be appreciated.

I don't think you have any issues with data protection (or breaches of same).

You might be better posting on the "Marriage, relationship and Families" forum for advice about your son's behavioural problems and how best to cope;
http://forums.moneysavingexpert.com/forumdisplay.php?f=24

I recommend starting your own threads rather than bumping up ones which are years old like this.

Atidi

twinnies6 wrote: »

sorry if i posting in wrong thread but struggled to find data protection thread.

anyway i need advice about data protection. my son who is 15 and autistic and has learning disabilities had altercation with teacher cause he talking in class. teacher confronted him which all of his teachers know he reacts badly if you do. to cut a long story short it was an IT lesson and the teacher went to her computer and put my sons picture from year 7 up on large screen for all class to laugh at, she used my sons entry form to school which had all my details including address and phone numbers, and all my emergency contact details, my son reacted badly to this he kicked off to be exact because my details were exposed for all class to see on large screen. my son tried to get out classroom and teacher had hands on his shoulders pushing him back he pushed passed him and teacher said he assaulted him, my son has been suspended for week and got to face governers, i dont believe my son struck teacher on purpose he just wanted to get out of class and only pushed past him. i assume teacher not allowed to show my contact details and is breaking data protection act infront of class, this is an issue that got out of hand for silly issue. any advice would be appreciated.

I suggest you should first approach the headmaster with any issues you have with the manner in which you believe any memeber of staff have acted.

I don't think you need any advice over the data protection act, but if you would like to learn more about this act, I guess google is your friend.
Or seek the help and advice of an independent legal advisor if you are considering any action under the act. The internet is not the place to to obtain such advice.

I shall refrain from commenting on your son's behaviour and the consequences that may result until the outcome of the matter is decided by the appropriate authority who are currently investigating. If, after the outcome is known, you wish to ask further advice, I suggest you post again on an appropriate board.
I don't think a 4 year old thread on the Reclaiming Bank & Credit Card charges board is the best place to seek such advice, do you?