Surely they can't do this?!

saltnvinegar

Ok, so if they published such personal information this is most definately in breach of:

OFT guidelines
Data Protection Act

You should report them to both bodies and even contact the police (don't call 999 but go to local station).

You may need to insist to speak to the station sergeant (don't let the officer on the desk fob you off) but you should definately log a complaint.

May even be worth taking legal advice as there may be a case here for going to court on harrassment.

SnV

rosyw wrote: »

Thanks you for the replies. I shall make sure she reports it to all relevant people.
This sort of behaviour is totally unacceptable. The first of the messages stated her name & address and ALL details of the repossession! I'm assuming that it was sent to everyone on facebook who has the same name. I have told her also to report this as abuse on facebook, at least this "person" should then been thrown off.

dizzybuff

saltnvinegar wrote: »

Ok, so if they published such personal information this is most definately in breach of:

OFT guidelines
Data Protection Act

You should report them to both bodies and even contact the police (don't call 999 but go to local station).

You may need to insist to speak to the station sergeant (don't let the officer on the desk fob you off) but you should definately log a complaint.

May even be worth taking legal advice as there may be a case here for going to court on harrassment.

SnV

The front desk clerk will take the information off you and log the crime for you . Or request an appointment with an Neighbourhood officer.

To behonest the above is good advise , but in the short term your daughter would be better phoning the non urgent number of the local force and report the crime that way. This will then be tasked to the PST ( Public service team ) who will make an appointment to see your daughter at her home , your home or the station. It would be doubtful you would get to see the station sergent as its very doubtful they will be in and you could have a very long wait.

The PST should send someone to see you within 48hours. At your convieniance. You can always refuse the appointment and they will task it to response, but again you could be in for a long wait.

If it is a little local station pop down but you may have to wait till an officer is available.

HTH.

rosyw

Many thanks, I'll have a word with my solicitor in the morning as I have to speak to her anyway about my house sale/purchase - more stress!
My daughter has said she will phone police in the morning, she is feeling to stressed to deal with anymore today, but like myself would like to make sure that at least this nasy piece of work doesn't get away with it and do it again to someone else! I hope at the very least, that he loses his job!
It really is about time that these people stop treating those that have financial troubles like criminals.

saltnvinegar

dizzybuff wrote: »

Your daughter would be better phoning the non urgent number of the local force and report the crime that way. This will then be tasked to the PST ( Public service team ) who will make an appointment to see your daughter at her home , your home or the station. It would be doubtful you would get to see the station sergent as its very doubtful they will be in and you could have a very long wait.

The PST should send someone to see you within 48hours. At your convieniance. You can always refuse the appointment and they will task it to response, but again you could be in for a long wait.

If it is a little local station pop down but you may have to wait till an officer is available.

HTH.

Thats good too

I'm just a little more direct

SnV

DVardysShadow

As there is a court order in place for the repo, I think i would go back to the original court with copies of the facebook messages and a complaint over the execution of the court order. I have no idea whether there is a formal procedure in place for such a complaint, but I think that the judge who issued the order would not be too pleased at how his order is being abused.

marko21

For info below - (exert from statutelaw.gov.uk) you may find this legislation handy to know when being perused by unscrupulous persons/bailiffs who should be acting within the law. THIS IS CRIMINAL LAW AND NOT CIVIL!!!!


The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

1. harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
2. falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
3. falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
4. utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

Paragraph (1) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of:

• of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
• of the enforcement of any liability by legal process.

It is also provided that a person may be guilty of an offence under paragraph (1) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

beth58_2

All good advice however, I'd also tell your daughter not to open the door to these people, under no circumstances allow them into the house, let them take the car and if they do try to gain entry into her home dial 999. Even baliffs cannot enter your home unless invited or a court order and police presence.

dizzybuff

saltnvinegar wrote: »

Thats good too

I'm just a little more direct

SnV

Yeh good but dependent where she lives she may have to take a sleeping bag and a flask of soup for the wait.

Resources are a tad stretched at the moment

dizzybuff

marko21 wrote: »

For info below - (exert from statutelaw.gov.uk) you may find this legislation handy to know when being perused by unscrupulous persons/bailiffs who should be acting within the law. THIS IS CRIMINAL LAW AND NOT CIVIL!!!!


The Administration of Justice Act 1970.

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

1. harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;
2. falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
3. falsely represent themselves to be authorised in some official capacity to claim or enforce payment;
4. utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

Paragraph (1) above does not apply to anything done by a person which is reasonable (and otherwise legal) for the purpose of:

• of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or
• of the enforcement of any liability by legal process.

It is also provided that a person may be guilty of an offence under paragraph (1) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.

It is criminal , but the car is still a civil debt . Dont you just love legal Jargon.:rotfl: The civil debt still stands unfortunatly.

dizzybuff

beth58 wrote: »

All good advice however, I'd also tell your daughter not to open the door to these people, under no circumstances allow them into the house, let them take the car and if they do try to gain entry into her home dial 999. Even baliffs cannot enter your home unless invited or a court order and police presence.

They cant really enter with a police presence unless they have a warrent, the court order or being invited will do . Police would just be there to prevent a Breach of the peace, or preswade her to open the door.:D