Any leverage against BW Legal due to what I see as breach of DPA?

krs360

Hi all,

BW Legal have an old Lloyds account - balance of £958 - I am in the process of getting a settlement figure.

I've just remembered that they attempted to apply for a CCJ, I applied for a Tomlin order and the action was stayed, however they sent me paperwork which had my details on the covering letter but the actual content was for a chap that lives in Sheffield who'd also applied for a Tomlin order - it had details of the debt, obviously his name and address and agreed monthly amount.

He received my paperwork with debt levels, name, address, etc.

Any suggestions on what I should do with this? Could I use it to get a lower settlement figure, should I report it to the ICO?

Thanks

DCA_Advisor

Hello,

I would follow their own complaints procedure first and explain that you reserve the right to report them to the ICO (be careful about what you say otherwise it could be seen as blackmail). Any DCA worth their salt will have a compliance team to deal with these kind of issues; although it is clearly a breach of DPA for the other party in question and they may well need to review their own internal procedures. In any event, I do not think it would get you anywhere with your ongoing debt unfortunately, although you will probably get a favourable settlement anyway with it being a post-litigation judgment. Try and offer 25% of the debt (without prejudice) and explain that if you are unable to reach an agreement, you will seek to vary the original Judgment order and pay a £1/month... I know which one I would go for if I were them!