Energy Firm passed my data on

bandana22

Not sure where to post this.
So, I get a call from a debt collection agency demanding payment for overdue bill. First I thought it was a scam but then found company had passed my phone number incorrectly to debt agency.

I complained to company and they said go to Ombudsman and issued a deadlock letter. I went to Ombudsman and they said go to Information Commissioner Office as its a Data Protection issue. Made my complaint and Information Commissioner and about three months later the Information Commissioners Office replied and agreed with my complaint. The company had breached the Data Protection rules in relation to my data. They wrote to the company and told them they must change their procedures and re-train the staff.

I have now gone back to the company and asked them to now review this situation in light of the findings from the Information Commissioner. The company says the matter is closed as I had a deadlock letter and go to the Ombudsman!!! Jeeze .....

Just to be clear, I did not owe the company any money, nor I never had. My phone number was on the account of some other customer who did owe them money which was passed to the debt collection agency.

Does anyone know what my entitlements are at this stage?

Thanks in advance

powerful_Rogue

bandana22 wrote: »

Not sure where to post this.
So, I get a call from a debt collection agency demanding payment for overdue bill. First I thought it was a scam but then found company had passed my phone number incorrectly to debt agency.

I complained to company and they said go to Ombudsman and issued a deadlock letter. I went to Ombudsman and they said go to Information Commissioner Office as its a Data Protection issue. Made my complaint and Information Commissioner and about three months later the Information Commissioners Office replied and agreed with my complaint. The company had breached the Data Protection rules in relation to my data. They wrote to the company and told them they must change their procedures and re-train the staff.

I have now gone back to the company and asked them to now review this situation in light of the findings from the Information Commissioner. The company says the matter is closed as I had a deadlock letter and go to the Ombudsman!!! Jeeze .....

Just to be clear, I did not owe the company any money, nor I never had. My phone number was on the account of some other customer who did owe them money which was passed to the debt collection agency.

Does anyone know what my entitlements are at this stage?

Thanks in advance

Nothing. To put it bluntly.

davidmcn

bandana22 wrote: »

Does anyone know what my entitlements are at this stage?

You're entitled to consider the matter to have been dealt with, and move on.

Caz3121

Assuming they have corrected the typo in the phone number on their records it appears all to be resolved.
No idea why the ombudsman needed to be involved. You say you do not owe them and they were attempting to get hold of someone else but had a wrong number.

waamo

How much compo do you want?

bandana22

OK, let's see now. So we have nothing, zilch, no entitlement etc. Thanks for you replies but I disagree.

For a start, the Information Commissioner has investigated the matter and found that the company did not have sufficient procedures in place to ensure the protection of personal data. The company has been advised by the Data Protection Office to amend its procedures so that the issue cannot arise again. Also, the company has been advised to retrain its staff.

That alone means the company has been negligent. Whether I am after 'compo' or not at this stage is a little bit irrelevant. Actually, I am someone who likes to take on such big companies and make them apologise when they are wrong and to make a gesture compensation if it is appropriate.

So, I started getting demands from a debt collection agency. At that stage, I had no idea how much of my data was compromised, whether my credit history was going to be damaged etc. That in itself was a genuine worrying time. I knew I had no debts but these things have a way of snowballing out of control.

The company said it was a clerical error and offered me £50. I said no and I maintained their procedures were not sufficient, otherwise my phone details would not have been passed to the debt collection agency. As stated above, the data protection office officially agrees with me.

So I do believe the company should, at a minimum, apologise for incorrectly passing on my data.
If I have been impacted by their negligence then I would also be entitled to some form of compensation.

Perhaps those on here could run that by me again as to why I would not have entitlement to apologies and/or compensation given that the company has been proven to be negligent?

What would YOU do in such a similar situation?

waamo

I asked how much you wanted because you might actually get it. A breach of GDPR is actually actionable. Generally a couple of hundred quid. Not a massive amount but claims have been successful

As you asked though personally I would settle for an apology

bandana22

waamo wrote: »

I asked how much you wanted because you might actually get it. A breach of GDPR is actually actionable. Generally a couple of hundred quid. Not a massive amount but claims have been successful

As you asked though personally I would settle for an apology

In terms of breach of GDPR, my understanding is compensation would be appropriate for both actual financial loss as well as stress and concern. The latter being more difficult to quantify.

In terms of amount entitlement I would have thought in the region of £500.

If I am entitled to that I will take it and not just the apology alone. Such companies will issue an apology as a meaningless. £500 is loose change also. However, whether it is £50 or £500, I personally get a deal of satisfaction by taking on these companies and making getting them to at least write a cheque.
It is of little consequence to them, however, it at least lets them know they can't just dismiss the individual as totally inconsequential. Thus my pursuit of such matters!!!

waamo

AIUI it's up to £500 but yes that's the ballpark. Generally about £250 seems to be the "going rate" for a minor first issue.

Send a Letter Before Claim for the full £500 and see what they say.

bandana22

waamo wrote: »

AIUI it's up to £500 but yes that's the ballpark. Generally about £250 seems to be the "going rate" for a minor first issue.

Send a Letter Before Claim for the full £500 and see what they say.

The issue is a relatively minor issue in itself. The key here though is that the Data Protection office has found the company to be negligent.

I have written to them asking them to review the case in the light of the findings from the Information Commissioner. So far all I have had back is that the case is closed and a deadlock letter was sent, so go to the Ombudsman!!!

I advised said senior manager that her understanding of the case was out of date and that the company has now been advised they have breached the GDPR regulations. I advised her to read up the findings and then come back to me.

Manxman_in_exile

Are you saying the energy company issued a deadlock letter to you in respect of an overdue account belonging to someone else? I can understand the phone number mix up, but couldn't the energy company tell your account was ok?


Just realised - they issued a deadlock re your complaint about the phone number mix up?