Debt collectors and data hell.

EmeraldEye

I've tried to find the answer myself via the wonder of Google but I haven't had much joy with my exact predicament, therefore I'm wondering if someone on here might know the answer.

I defaulted on a credit card with Capital One two years ago around the time of becoming unwell and at a later point moved from one private rental to a housing association property with my elderly relative.

To be really honest I haven't in the last number of years given my debt any thought because I've been dealing with illness and that has taken my energy/focus but I know I should have paid it somehow.

Long story short Capital One traced me before Christmas (fair enough) to inform me that they had passed my debt to Lowell, who then sent me a letter a short while later. About two weeks after Lowell contacting me, Capital One sent me another letter telling me that my debt was now back with them (Capital One). I didn't respond at any point to either Lowell or Capital One.

I had sat down recently though with the intention of sorting out my debts and had decided after some research on going through Step Change thinking I could make payments at a rate I could afford, so I set about trying to find details of all of the creditors etc and was using a credit reference site to check who I owe money to.

Then I noticed on there that Capital One has listed my new address on my credit file in the section on "Linked addresses" - This really concerned me for a number of reasons;

1) I do not have a bank account these days.
2) I have not applied for any form of credit at this new address.
3) I am not on the electoral register at this new address.
4) I am not on the tenancy agreement at this new address.
5) Utility bills are not in my name at this new address.

So my thinking was how can they be allowed to list an address that they have not 100% confirmed is mine and how exactly were they able to locate me when there is nothing indicating my presence at this address other than me physically being present.

I decided to phone Capital One and after a lot of messing about I have been informed that the Housing Executive had provided them with details of my whereabouts. It seems that the old private rental house I was living in was at some point sold to the HE and Capital One claim that they were supplied with my new address after the HE contacted them about post from Capital One that had gone to the old house that the HE now own.

Although I am not on the tenancy agreement for the new house I am considered as legally living here and the HE/local housing association would hold those details.

However, is it legal that a government body can hand over contact details to private companies and debt collectors? I was never informed that the HE were going to do this, I'm really worried about it and I'm not sure how best to handle the situation. Could we be evicted from our housing association house now because of old debt?

I'm aware that the HE are permitted to share certain data in particular circumstances but I didn't think owing money to a credit card company was one of them. No court orders have been issued against me or anything like that, but surely debt to a company can't be considered "law enforcement" and the "prevention of crime" which are the only circumstances in which I thought the HE would be allowed to share personal details - Is debt honestly classed as having committed a crime?

Sorry for ranting on but if anyone has any advice (without judgement) I'd be glad of it.

antrobus

EmeraldEye wrote: »

...However, is it legal that a government body can hand over contact details to private companies and debt collectors? ....

Assuming that you are talking about the NI Housing Executive, there is a document;

Procedures for Handling Personal Information under the Data Protection Act 1998
http://www.nihe.gov.uk/procedures_for_handling_personal_information_under_the_data_protection_act_1998.pdf

Under section 10.0 Sharing Personal Data With Others it says that personal data can be shared with anyone "outside The Housing Executive" as long as it is done with the "approval from either an Assistant Director, Area manager or Level 9", or is covered by an existing Data Sharing Agreement, which should "be registered in the Housing Executive’s Data Transfer Register which is maintained by the IT Security Officer, IT Department, Headquarters"

You would have to contact the Housing Executive to establish what and why they disclosed and to whom.

http://www.nihe.gov.uk/index/rights/foi/foi_act/requesting_information.htm

sourcrates

Hi,

The selling on of personal data, is big business.

Everyone is at it, your utility company, your mobile phone provider, your phone and broadband provider, your bank, everyone sells on data in some form or another.

And somewhere back in the dim and distant past, when you signed up to these agreements, would be a tiny little clause, tucked away on page 60, entitled "data protection", and somewhere in that section it would say they may sell on your personal data, by signing this agreement, you agree to this blah blah blah.

And thats how they justify it.

My home phone number has been ex directory for over 10 years, yet i still get sales calls on a regular basis, how do you think they get my number ?