Flat Purchase/Factoring Company/Data Protection

bbelt

Good Afternoon Money Savers

looking for a bit of advice, im actually writing on behalf of my brother.

He recently bought a flat (shared ownership, affordable housing) and has a mortgage for 75% of the property.

His problem is that a factoring company has been sending him letters demanding payment for factoring fees, although my brother believes he has no contract with them and hasnt agreed for them to supply factoring services.

I mentioned to him that it may have been a condition of sale when he purchased the flat (its the only thing i can think of!) and to check his title deeds as it may be detailed in there. I have also advised him to contact the housing association who he purchased the flat from to ascertain this.

Recently, the factoring company held a meeting and some of my brothers neighbours attended - they said that the factoring company have 'named and shamed' the residents who have not paid and my brother feels that this is a breach of his privacy, even more so if it does turn out that he has no contractual relationship with them! I have advised him that if it was a breach of DPA then this woudl mean a complaint to the Info Commissioner.

can anyone advise further? any suggestions would be gratefully rec'd.

xocbc

He needs to check his deeds and possibly with the solicitor who handled the sale.

It is likely that the deeds will make mention of the factoring arrangements, however in my experience, this is an matter that the solicitor normally makes buyers aware of and also lets the buyer know what the charges are.

If the deeds do make mention of a factoring arrangement, it will be hard for him to avoid paying them.

With regard to the privacy issue, this probably doesn't come under the DPA as it's not really data as such, it's more likely to come under libel/defamation, however if he hasn't paid they haven't told any lies so not sure what recourse he has.

If he is obliged to pay and doesn't they may well take him to court, at which point its on public record anyway.

So to recap, read the title deeds and speak to the solicitor who handled the sale.

bbelt

thanks for your quick and helpful response.

I will take on board your points and relay.