Who Do I Complain To?

tony_cluedo

I got behind on my car finance. A business owing me money went under. I informed the finance company in advance that I would be having problems. I was in arrears for 3 months but have now paid the account up to date and paying as normal. During the time I was in arrears they referred the account to a debt collector. She called to my door one night. The door was answered by my wife who did not identify herself but was told by the collector that she was here about the car arrears. I went to the door and my wife went upstairs. At no time was my wife identified to the collector. The collector called again a couple of days later when I wasnt in but my wife was. Again, without knowing who my wife was the collector proceeded to give her exact details of what I owed and threatening to remove the car if I didnt pay the full amount in cash to her bank account. I phoned the collector then to complain about this and was subjected to a fair amount of abuse and threats along the lines that she'd remove the car the following week, she didnt need to go to court, she'd make me bankrupt etc. I know that none of these could be done without court orders or at the speed she was implying but as she was able to lie to me she could lie to other people who maybe would not know any better.

I informed the finance company of this and made a complaint, they said they have fully investigated and have found nothing wrong. I was under the impression I should complain to the Information Commissioners Office about a Data Protection breach but in the letter informing me of the decision I am referred to the FOS should I be unhappy with the decision. Am I right in thinking that it is the ICo I should be going to?

ILW

What are you hoping to achieve?

standupguy

I agree with you, I think this is more in the domain of the Information Commissioner (and under data protection) than FOS.

Although, if you wanted you could send a copy of the complaint to both and the fact that it would then cost the Finance company £500 (FOS costs) may give you some cheer?

tony_cluedo

ILW wrote: »

What are you hoping to achieve?

The debt collector told me blatent lies. The finance company didn't have the courtesy to respond to letters until I mentioned the ICO. If they'll do that to me, they'll do to others who may not know what they can and can't do.

ILW

tony_cluedo wrote: »

The debt collector told me blatent lies. The finance company didn't have the courtesy to respond to letters until I mentioned the ICO. If they'll do that to me, they'll do to others who may not know what they can and can't do.

Agreed, but what are you trying to achieve with your complaint?

tony_cluedo

ILW wrote: »

Agreed, but what are you trying to achieve with your complaint?

To stop someone more vunerable than me being treated like I was.

PNPSUKNET

it will come down though to the collectors word against yours, its very unlikey it would actually get past the first stage of the fos

Common_Sense_2

Also your complaint would be with the debt collector, not the Finance company - FOS wouldn't take it on. You could complain to the ICO about the Debt Collector, but as previously stated by another poster, it would be your word against hers.

You're up to date now, move on