Debt collection, does the data protection act apply to individuals?

GingerBob_3

Smodlet wrote: »

A few months ago, one of these Debt Collecting types rocked up on my doorstep asking about the person who used to live next door to me. He wanted to know where he had moved to, contact number, everything, yet did not seem even to know her gender (she has one of those names which can be given to both) He would give no information at all other than his name, which he gave as Mr. Whatever. Don't we usually give our full names?

From watching a certain "documentary" on the fifth channel, I quickly realised what he was, (I know, the shame of admitting one watches such) told him I would give him no information and closed the door.

A week or so before his visit, a questionnaire was hand-delivered asking all the same stuff, which stated specifically that the Data Protection Act does not apply in such circumstances. (I thought the Act applied only to information held electronically?)

As soon as this individual had gone I called my former neighbour to inform her. She responded that "they would catch up with her one day." I urged her to contact the actual creditor but she has not had her LBM yet.

I doubt this is of any use at all but am interested in the legalities of this situation.

Questionnaire to a neighbour!! The depths to which scum will sink seem to have no bounds. You should have used it as toilet paper and then sent it back to them.

[Deleted User]

Smodlet wrote: »

(I thought the Act applied only to information held electronically?)

It's everything - electronic files, filing cabinets, post it notes, the lot.

Voyager2002

rtho782 wrote: »

Trying to clear up a disagreement I'm having with a friend...

He has debts, debt collection agencies are involved. Debt collectors visited him, he didn't answer, they spoke to neighbors, asked where he worked, neighbors told them. Now debt collectors are hassling him at work, he feels his job is at risk.

He thinks he can sue someone (I'm not quite sure who, either debt collectors or neighbors I guess) for releasing his "personal data" as it is a "breach of the data protection act".

I think he's crazy, they were not holding data on him under some sort of agreement, if that's the case, then me telling my wife anything about him is also a breach of the act.

I work with him and he goes on about this constantly now, I'd love to be able to tell him he's completely wrong and end the discussion

Advise your friend to look up the rules about harassment. It sounds as if the debt collectors are breaking the law in the ways that they are pursuing him. For a start, they are not supposed to trouble debtors when they are at work.

To answer the question, I agree with the other posters that data protection legislation is unlikely to help him. When he originally borrowed the money he would almost certainly have signed an agreement giving 'them' permission to collect and exchange information about him.

Voyager2002

Smodlet wrote: »

I thought the Act applied only to information held electronically?

That was true of the original 1984 Data Protection Act, but it has since been brought up to date and extended to cover all kinds of information storage.

Smodlet

Gingerbob, breathe! :cool: I was shocked as well and did consider for a moment giving him an earful but decided to maintain my dignity. I merely told him, "goodbye" and quietly but deliberately closed the door.

Voyager2002

Smodlet wrote: »

I doubt this is of any use at all but am interested in the legalities of this situation.

None really: you are allowed to gossip about your neighbour and pass on her contact details if you choose, and also allowed not to say anything if you choose not to do so.

Smodlet

Voyager2002 wrote: »

None really: you are allowed to gossip about your neighbour and pass on her contact details if you choose, and also allowed not to say anything if you choose not to do so.

And this was useful how?