Debit Card Details Question

laneycakes

Hi

Have asked a similar q in one of the other forums (banking ratherthan Cards) but wondered if anyone on here has a take on it.

Is it illegal/against data protection for my Bank to give my debit card details to one of their business partners? (partner - bt a completely separate organisation)

I have written confirmation from the company saying that my bank gave them my contact details and my debit card details allowing them to set up a continuous payment authority for an accidental death insurance policy ("free trial" offer which i stupidly agreed to to get the seller off the phone, they said they were from my bank but it turns out its an outside company, they said after 3 months i'd be given the option to continue or cancel...Never recieved anything at all!)

So are my bank within their rights to do this? It feels wrong to me and i intend to complain to the FOS and possibly the information commissioners office...just would like to know the legal position if poss. Thanks

meer53

When you agreed to the "free trial" did you give your card details ?

grumbler

meer53 wrote: »

When you agreed to the "free trial" did you give your card details ?

Obviously not.

stclair

Which company is it? It would be useful if we could see the t&cs etc.

grumbler

I cannot imagine that any T&C say that the bank can give my card details to other companies (and to set CPA for them without my explicit authorisation).

stclair

grumbler wrote: »

I cannot imagine that any T&C say that the bank can give my card details to other companies (and to set CPA for them without my explicit authorisation).

We`ll never know until we see them.

david39

Are you sure that it is a CPA that has been set up and not a standard direct debit - (I'm not sure that CPA's don't come under the same rules as DDs anyway).

BT are one of the "approved" companies that are able to set up paperless direct debits - that is, they require no signature or paperwork from the customer, just their verbal permission to do so.

When the deal was outlined to you, did they say that payment would be by direct debit or, possibly CPA. If they did, and you subsequently agreed to the deal, you gave them tacit permission set it up.

They would then be able to obtain the details they required from the bank

grumbler

david39 wrote: »

...they require no signature or paperwork from the customer, just their verbal permission to do so..

They also require the sort code and the account number that the OP has never given them.

For the reference, this is the original thread on the other board with more details:

Bank gave out my debit card details -illegal?

laneycakes

Hi all

Nope-didnt give my debit card details over the phone. They only asked me to confirm my place of birth according to the details they've sent me in response to my complaint.

It's Barclays- tried to check the t&c's but its not very clear and despite google, and trying to check details on the ICO website I can't find anywhere that says wether or not this is allowed.

Definitely a CPA...I couldn't cancel with my bank as they told me it was a debit card payment (this prior to the CPA) rule change.

Thanks for all the advice so far guys (grumbler-my feeling are the same as yours-I didn't give them my card details therefore I feel that they are deffo in the wrong)

I've got a final response from the insurance company involved and a letter from barclays saying they were passing the complaint to the insurance company. That bank letter however doesn't say final response. Do I need to go back to barclays with an updated complaint? Before the FOS?
Ta!