Debt collection

Tixy · 15 November 2013 at 12:56PM

Have they left voicemails on a mobile number or landline? It is relevant to the question you are asking.

Mobile voicemail there is a reasonable expectation that this is personal to you (same with texts to a mobile).

If it is a landline then that is different and it may be considered a breach of the data protection act. If you wanted to pursuse then you'd firstly write a formal complaint to the company, and then if still wanted to pursue further complain to the ICO.

The OFT debt collection guidelines do state that a creditor/debt collector should not inappropriately disclose details of your debts to third parties, however from what you have said it doesn't sounds like this was the intention - and they are only guidelines not law - and you say you want to know the legal position.
But certainly it would be good practice not to leave details on a landline voicemail - and you may want to write to them to make a complaint if they have done that.

Southwales_2 · 15 November 2013 at 1:16PM

Tixy wrote: »

Have they left voicemails on a mobile number or landline? It is relevant to the question you are asking.

Mobile voicemail there is a reasonable expectation that this is personal to you (same with texts to a mobile).

If it is a landline then that is different and it may be considered a breach of the data protection act. If you wanted to pursuse then you'd firstly write a formal complaint to the company, and then if still wanted to pursue further complain to the ICO.

The OFT debt collection guidelines do state that a creditor/debt collector should not inappropriately disclose details of your debts to third parties, however from what you have said it doesn't sounds like this was the intention - and they are only guidelines not law - and you say you want to know the legal position.
But certainly it would be good practice not to leave details on a landline voicemail - and you may want to write to them to make a complaint if they have done that.

Thanks for this. I received a text message advising that my direct debit had been unpaid along with the amount. It then asked me to contact the company (name and phone number displayed). The same was left by way of voicemail on mob and landline.

I was just a bit shocked as I would have expected to amounts to have been disclosed or the main reason for the call. I was under the impression that a loan company could only leave a telephone number and company name.

Tixy · 15 November 2013 at 1:28PM

Southwales wrote: »

I was under the impression that a loan company could only leave a telephone number and company name.

I am not aware of any legislation that states this.
My guess is that the most relevant legislation would be the data protection act, but I do not know the act in detail to know what sections/clauses would be closest to dealing with this issue.

John1993_2 · 15 November 2013 at 1:33PM

Southwales wrote: »

I'm not disputing that. All I am trying to find out is what are loan companies legally allowed to leave for customers on answering machines and text messages.

Everything. They can leave full details of whatever they want. And you are not being judged, people are just pointing out that if you've missed payments then there's little point getting the hump when the company you've defaulted with chases you up for it.

Southwales_2 · 15 November 2013 at 1:47PM

So just out of curiosity then, a company that was going to make someone bankrupt could include this in a text message and not be breaking any law, as long as they have the intention to go ahead with the legal action.

Surely that is breaking some sort of act?

Gordon_Hose · 15 November 2013 at 2:09PM

Southwales wrote: »

So just out of curiosity then, a company that was going to make someone bankrupt could include this in a text message and not be breaking any law, as long as they have the intention to go ahead with the legal action.

Surely that is breaking some sort of act?

Bit of a poor comparison. If a company was going to make someone bankrupt chances are they would write.

You're just being chased because your DD bounced. There's an ocean of difference between that, and being made bankrupt.

You've got sand in your vagina because your wife picked up a message meant for you. Moral of the story is, if you want to keep things from her then use a communication medium that will allow complete privacy.

At the end of the day you gave the loan company your number so you could be contacted, they have the right to contact you on that number. If said number is no longer valid then it is your responsibility to keep them updated of any changes.

Apples2 · 15 November 2013 at 2:29PM

What would you do if a Doorstep collector called and your wife answered?

Even worse, if you answered and your wife was in the next room and could hear it all?

Why don't you want your wife to know anyway? She will bear the brunt of any consequences just as much as you. You're in it together.

rizla_king · 15 November 2013 at 2:42PM

Southwales wrote: »

Thanks for this. I received a text message advising that my direct debit had been unpaid along with the amount. It then asked me to contact the company (name and phone number displayed). The same was left by way of voicemail on mob and landline.

Leaving details on a shared landline answering machine may have been a breach of data protection.

Give the ICO helpline a call to see what they think.

https://www.ico.org.uk/Global/contact_us