Agency violating data protection?

punto01

Hi all,
Just wanting some advice please.

I am annoyed at an agency who I feel have violated data protection.

They have called my home phone and spoken to my mum (I live with my parents) and they have given her details of why they are calling - the agency name, the company they act for and reference.

I feel this is a violation of my data protection as I haven't given them permission to speak to anyone at my home.

Is there anything I can do here - can I make a formal complaint about this? It has really annoyed me as I don't want my parents to know about stuff like this. Also, what if I lived in a shared house? They could just be giving away this information to anyone who picks up the phone?
Surely this can't be right or am I just being grouchy? :mad:

Thanks

sourcrates

Hi,

Who is the DCA ? Name and shame.

Unfortunately there are a few bottom feeder DCA's who still do this, they tend to do it over the phone, and when challenged, oh sorry, the tape was wiped, is the usual excuse.

Unfortunatly the FOS tends to fall for there !!!!!!!!, so there's very little you can do, as they will always deny it.

Best to block the number on your phone.

National_Debtline

Hi Punto01,


What you have described is a breach of DPA and I would suggest that you make a formal complaint. It is possible that you could end up in a battle of 'he said, she said' even if you refer to the call, so, you could try and make a Subject Access Request (SAR) first and request the phone transcript before you bring it to their attention that there is a problem.


You can escalate the complaint to the FOS and copy in the FCA. Whilst the FCA won't deal with individual complaints they can investigate organisations if they get enough complaints about the same thing. What has happened here is bad practice and if they have done it to you they may have done it to other people. I would suggest you complain. Good luck,


Laura
@natdebtline

punto01

Thank you both.

It is Arvato and it is in relation to a cancellation charge on a car insurance policy. I had even emailed them to say I would be settling at the end of the month but they have really annoyed me doing this.

What should I do next? do I write a letter of complaint?

I have found a template for a subject access request should I send this to them? Do I ask for the recording of the call?

Thanks

unforeseen

You complain about them telling your mum and then broadcast it over the Internet.

Go figure!!

sourcrates

National_Debtline wrote: »

Hi Punto01,


What you have described is a breach of DPA and I would suggest that you make a formal complaint. It is possible that you could end up in a battle of 'he said, she said' even if you refer to the call, so, you could try and make a Subject Access Request (SAR) first and request the phone transcript before you bring it to their attention that there is a problem.


You can escalate the complaint to the FOS and copy in the FCA. Whilst the FCA won't deal with individual complaints they can investigate organisations if they get enough complaints about the same thing. What has happened here is bad practice and if they have done it to you they may have done it to other people. I would suggest you complain. Good luck,


Laura
@natdebtline

I had a similar thing happen to me.

I don't mind naming and shaming, it was Motormile Finance.

They called my place of work, told my boss I owed money to them, then threatened to come and remove the office furniture, if she (my boss) didn't pay the debt.

You can imagine the sh**storm I faced at work after that one !!!!

I complained in writing, they denied everything, went to the FOS, FOS asked for the tape, it had been half wiped, obviously they found nothing untoward had happened, I was livid, complete waste of time.

punto01

Well, not really broadcasting over the internet as I'm posting under a pseudonym on a debt support forum. Which I've used lots of times in the past and has been supportive and helpful. Until now - thanks.

punto01

sourcrates wrote: »

I had a similar thing happen to me.

I don't mind naming and shaming, it was Motormile Finance.

They called my place of work, told my boss I owed money to them, then threatened to come and remove the office furniture, if she (my boss) didn't pay the debt.

You can imagine the sh**storm I faced at work after that one !!!!

I complained in writing, they denied everything, went to the FOS, FOS asked for the tape, it had been half wiped, obviously they found nothing untoward had happened, I was livid, complete waste of time.

That is shocking behaviour, how awful for you. Not fair at all.

National_Debtline

Hello again,


So, here is our Subject Access Request letter that you can use. It is up to you which order you do this in. You could make the request first, before you indicate there is any issue and then you could have more evidence to go back with and complain. Or you can make the SAR request at the same time as your complaint (but other post on this thread may be a warning against doing that).


A SAR request allows you to ask for any information held on you under data protection. You can ask for a copy of the phone transcript and the internal notes made in relation to the call made on the 11th August (or whatever date it was). It could cost £10 whether you ask for one thing or ten, so you may also ask for a breakdown of the account, details of when the debt was assigned to them etc. They have up to 40days to supply this information.


Laura
@natdebtline