Thwarted by data protection? Advice needed

Half_Price_Sky

I lived in a housing association property for almost six years with my ex partner (privatised council house). She was already a tenant before I met her and after I moved in we signed the relevant forms to add me on to the tenancy, handed them in but it transpired years later that they weren’t processed and I had not in fact been enrolled onto the tenancy after all.

My ex later got behind on the rent and hid it from me until the brown stuff was about to hit the fan. The housing association were happy for me to get in touch with them and helped me set up a DD to pay the arrears and all future instalments. This continued for a couple of years until we split up.

During the last 12 months we had a few maintenance problems and I rang them several times to arrange repairs. It was around this time it emerged that I hadn’t been added to the tenancy. However once again they were more than happy to speak with me and once I’d told them the name and DOB of the person on the tenancy (my ex) they arranged all repairs without further question or needing to speak to her.

On the 1st July I paid a whole month’s advanced rent of £400 for the last time. Two days later the relationship broke down and is beyond recovery. I moved back to my parents and after a change in circumstances she continued living at the property rent free because she’s on benefits.

Despite the fact I was the one paying the rent from my bank account, they gave the refund to her because she’s the one on the tenancy and she’s enjoyed lording it over me ever since. I spoke to the rent officer and she point blank refused to discuss the case stating data protection.

I put it to her that they’d always dealt with me in the past, that I wasn’t asking for information relating to anyone’s personal details and that the refund should have automatically been returned to whichever bank account it came from but she refused to entertain my argument. I did get a refund for the council tax not sure if that adds any weight to my case?

Is there anyone with knowledge of data protection who can advise whether there’s anything I can do to recover this money or am I totally snookered?

RAS

Try a subject access request with just your name and the address of the property. Costs £10.

Half_Price_Sky

RAS wrote: »

Try a subject access request with just your name and the address of the property. Costs £10.

What would that give me?

Seanymph

I think you are snookered.

I owned two cars - one I insured in my name with the ex a named driver, the other one I insured in his name with me as a named driver. So we could both drive both cars.

We split.

he called me at work and asked which car I had used that day - I looked out of the window and told him and he told me I wasn't insured to get home.

he'd contacted the insurance company and arranged to cancel the policy and have the refund himself.

Turned out he was right - the fact that it was my car, I was named on the policy and I paid it out of my account was irrelevant - his name was on the policy as the policyholder.

I was cross, and had to insure my car before I could drive home.

I suspect you will fall foul of the same regulations - effectively you paid someone else's bill.

how nice of you.

rozmister

Half_Price_Sky wrote: »

I lived in a housing association property for almost six years with my ex partner (privatised council house). She was already a tenant before I met her and after I moved in we signed the relevant forms to add me on to the tenancy, handed them in but it transpired years later that they weren’t processed and I had not in fact been enrolled onto the tenancy after all.

My ex later got behind on the rent and hid it from me until the brown stuff was about to hit the fan. The housing association were happy for me to get in touch with them and helped me set up a DD to pay the arrears and all future instalments. This continued for a couple of years until we split up.

During the last 12 months we had a few maintenance problems and I rang them several times to arrange repairs. It was around this time it emerged that I hadn’t been added to the tenancy. However once again they were more than happy to speak with me and once I’d told them the name and DOB of the person on the tenancy (my ex) they arranged all repairs without further question or needing to speak to her.

On the 1st July I paid a whole month’s advanced rent of £400 for the last time. Two days later the relationship broke down and is beyond recovery. I moved back to my parents and after a change in circumstances she continued living at the property rent free because she’s on benefits.

Despite the fact I was the one paying the rent from my bank account, they gave the refund to her because she’s the one on the tenancy and she’s enjoyed lording it over me ever since. I spoke to the rent officer and she point blank refused to discuss the case stating data protection.

I put it to her that they’d always dealt with me in the past, that I wasn’t asking for information relating to anyone’s personal details and that the refund should have automatically been returned to whichever bank account it came from but she refused to entertain my argument. I did get a refund for the council tax not sure if that adds any weight to my case?

Is there anyone with knowledge of data protection who can advise whether there’s anything I can do to recover this money or am I totally snookered?

Were the arrears cleared when you left the property? I don't understand how your ex got a refund from the housing association. She may have received Housing Benefit for a period when her rent was already paid but I'm surprised the HA refunded the money to her. Also if any arrears exist on her account still the money would be automatically swallowed into that if she then paid rent again, she wouldn't get any money back whilst still in arrears. I'd be quite suspicious that she is in fact lying about the refund to try and rile you.

They are right to refuse to tell you about the account under the Data Protection Act. You can make a payment and report repairs needed without having access to the personal data on that account but all details of your ex partner's financial dealings with the HA are private to her and can only be shared with you if she gives consent.

Macadamia

I know a bit about HA’s.

The HA cannot talk to you about the rent account as the tenancy is in your ex partner’s name.

But they can engage with you as the person who paid the rent for what ever period of time it was.

I imagine that on 1st July, the rent account was clear. You paid the £400 rent in advance on the 1st of the month. Then on the 3rd you split up and you moved out. Seems your ex partner has claimed HB for that month when you had already paid the rent. (I don’t think there is anything unlawful about that – but, on the face of it, it is not fair that she hasn’t returned your money.)

The HA can talk to you about payments you made on a particular rent account. (but not about balances, or whether it was in arrears or credit at that time.) They can also give you written confirmation of the payments you made over time.

If your ex-partner has acknowledged (in text / fb/ email / letter whatever) that they got HB then received a refund from the HA for the period when you were not living there, you should write them a formal letter claiming the money.

Now this is the bit I am not entirely sure about…… If they don't give you your money.....

Then maybe (using your ex’s acknowledgement of her HB claim and rent refund and the HA’s acknowledgement of your payments) try to enforce that claim in the small claims court?

Anyone else on here know whether Small claims could work?

Half_Price_Sky

The arrears had been settled long before I left. Yes she put in for a change of circumstances in the days following our split. I have several texts from her where she's confirmed she will be getting all her future rent paid by HB and bragged about spending the refund on treats for her and her kids.

Anoneemoose

How did you pay? If DD, is it possible to reverse this under the DD guarantee?

I don't know if this is possible of course or if there are any timescales involved but it is a possibility. I think you just need to phone the bank and explain that as you were not a tenant at that point, the HA took money you didn't owe. Worth a try?

If it worked, your ex would then owe that money to the HA.

Treevo

Sue her. Seriously - file a claim at your local court for the amount of money owed.

rozmister

Half_Price_Sky wrote: »

The arrears had been settled long before I left. Yes she put in for a change of circumstances in the days following our split. I have several texts from her where she's confirmed she will be getting all her future rent paid by HB and bragged about spending the refund on treats for her and her kids.

I don't understand why the HA gave her a refund on her rent?! I worked for a HA until 7 weeks ago and we wouldn't refund someone's account unless they left/died and were entitled to money back or alternatively if they accidentally overpaid (rent was £400, they paid £600) the extra money would be carried over and they'd be informed. I think she's received HB directly and then not passed it onto the HA because they already had that months rent. The morally right thing would have been to give that money to you but the HB for her claim couldn't have been paid to you.

I like the idea of taking her to the small claims court. You could get proof you paid by requesting all info they held on you under the Data Protection Act (your payments will have your name attached) and use that as evidence.

Half_Price_Sky

rozmister wrote: »

I think she's received HB directly and then not passed it onto the HA because they already had that months rent. The morally right thing would have been to give that money to you but the HB for her claim couldn't have been paid to you.

I like the idea of taking her to the small claims court. You could get proof you paid by requesting all info they held on you under the Data Protection Act (your payments will have your name attached) and use that as evidence.

That's an interesting point. I will have to recheck the texts she sent me bragging about the refund but I'm sure she reckoned she got in the region of £500, whereas the amount I believe I'm entitled to would've been slightly short of £400. Would make sense as the amount she mentioned certainly seemed a bit odd at the time.

If this is the case and the money she's pocketed came from HB and the amount I'm chasing has gone towards her future rent, would there still be a chance I could claim it back?