Unauthorised Details

WZD52

Hello,
I wonder if anyone can help. My sister-in-law recently allowed a friend of hers to use her name and address as reference to get a council house.

This so called friend who has now done a disappearing act has taken out a loan and used my sister-in-law name and address as the first contact point without her permission.

My sister-in-law is now getting regular calls from the company asking for information as to where the person who took out loan is. She has them to remove the details from their computer system but they are refusing stating that only the person taking out the loan can ask for them to be removed. My sister-in-law is worried that she may be taken to court to pay off the debt of the person who has absconded even though she had no knowledge of the loan and never signed to act as a garantor.

Is this company breaking law in respect of the Data Protection Act by storing unauthorised information on their systems. If so, what period of notice should be given for them to remove the details.

Any advice appreciated.

stephane_2

No they are no breaking the Data Protection Act...as far as they are concerned your sister in law applied for the loan and owe them the money....first would be to check her credit report with both Experian & equifax to see what is on there and go to the police to report a possible fraud....

Tixy

Just confirm - the debt isn't actually in her name is it? the loan was taken out in the name of the "friend"?

She cannot be taken to court in respect of this debt.

Has she had any letters from the company? What company is it?

Under the data protection act she can request her details are removed, including her phone number. I believe it is a section 10 notice she will need to send to them, and that they should have 28days to remove details / cease using them.

An internet search may throw up a template letter she could use/adapt.

WZD52

The debt is NOT in my sister-in-laws name.
My sister-in-law is NOT a garrantor for the loan.
The company is "The Loan Shop".
As yet she has not received any letters, but is getting phonecalls from the company asking her to get in touch with the person who took out the loan and ask her to contact The Loan Shop.

Many thanks for all the help, I'll go and search for the section 10 notice.

debtcutter

As Tixy said, there's a big difference to the loan being in your sister-in-laws name and it being at her address.

If it's in her name and she didn't know about/agree to/sign it, then the person who has done it has committed fraud.

If it's just registered at her address, then there's not so much of an issue, as it shouldn't affect her credit file.

Be really useful if you could explain which one it is, then people can give more specific advice and link to correct template letters etc.

tonkinator

WZD52 wrote: »

The debt is NOT in my sister-in-laws name.
My sister-in-law is NOT a garrantor for the loan.
The company is "The Loan Shop".
As yet she has not received any letters, but is getting phonecalls from the company asking her to get in touch with the person who took out the loan and ask her to contact The Loan Shop.

Many thanks for all the help, I'll go and search for the section 10 notice.

When she tells them that she has no idea where she is, what do they say?

It's not in anyway her responsibility to keep tracks on their customer

Vikipollard

Does she not have a mobile number for this 'friend'?

Thrugelmir

WZD52 wrote: »

Hello,
I wonder if anyone can help. My sister-in-law recently allowed a friend of hers to use her name and address as reference to get a council house.

This so called friend who has now done a disappearing act has taken out a loan and used my sister-in-law name and address as the first contact point without her permission.

All sounds contrived and very convenient.

Lenders require the borrowers contact details not that of an unrelated 3rd party.

Makes you think that a fraud has been committed.

jonesMUFCforever

Do councils take references from 3rd parties for council houses??