Is this PPC in breach of GDPA?

laddie123

Long story short: a lost co.court case (by default), with an order to pay £185 to the creditor, which was made by cheque, in full and on time. 2 weeks later a letter from a DCA (first ever contact from this company) informing that the debt was outstanding. Amount increased to £275. DCA contacted by phone (recorded) informing of error and requesting the matter be referred back to creditor. Email to creditor, bringing his attention to the fact that the debt was paid in full and to instruct his agent to cease all communication with me. A second DCA (same company) letter making the same demand received. Emailed, repeating the information I had provided by phone. I have proof of postage of cheque, copy of cheque provided by bank, confirmation of payment via statement. I have made a (template) SAR to the DCA, receiving an auto-response a day later. I might - just might - have a GDPA case against the creditor. Any thoughts on this most welcome.

nosferatu1001

GDPR

yeo. Sounds like a breach. 

laddie123

ICO will be informed as soon as I've determined how much information the DCA holds on me. I'm cautious about how much info I should give away on here but I feel comfortable in saying that the DCA often refers to itself as a bail.iff.

nosferatu1001

So it's DCBL. 

laddie123

Of no real consequence, I guess. I've yet to meet a DCA which wasn't full of scumbags.

laddie123

And still they chase. Another letter from the DCA demanding payment/referring the matter back to the PPC for further 'legal action'. Shortly after my last post I requested - and received - a written statement from my bank, confirming that full payment had been made to the intended recipient. Despite making 8 seperate submissions to both these circus clowns that payment had been made and that somebody needed to take a serious look at the the accounting processes I've been largely ignored. Both parties requested proof of payment by copies of my (relevant) bank statement, which I refused to provide - my first reaction was 'how dare they?'. My second was 'Sure, I could redact it, copy it and post it, but why should I go to the faff (and minor expense) of correcting their mistake?'. I'm happy to waste their time - like they've wasted mine - but I don't want to appear unreasonable in front of a district judge if the idiots pushed ahead with this to co. court. So I've made them an offer: a pre-arranged 'appointment' at my place of residence to view, and take copies of, the bank's written statement. It shouldn't be too much of a problem for a DCA to knock my door; they've boasted about the number of 'field agents' they deploy. As for me, I've got all the time in the world. I briefly called by consumer board ask for some advice. Most of it was useless but some believe that I'm under an obligation to provide evidence of payment to 'get them off my back' and that a refusal wouldn't play well in front of a judge. Any thoughts on this much appreciated.

Fruitcake

You don't have to prove payment was made, whereas they have to prove it wasn't.

The problem for you is I do not think you can claim a DPA/GDPR breach, or DVLA Kadoe breach without providing proof that you paid.

It depends how much of your time you want to waste. Personally I would provide a redacted bank statement to prove payment was made and then see what they do.
If they cancel, they have wasted time and money. If they continue, then you have more grounds for a complaint.
At the moment it is he said/she said. If you provide proof of payment then the balance of probabilities swings your way.

Showing the scammers proof makes you look reasonable, and if they don't cancel then it makes them look unreasonable. You are then in a much stronger position to make complaints.

D_P_Dance

1. My  wife was the victim of a similar event last month, it cost them £250,  read this

https://forums.moneysavingexpert.com/discussion/6249559/bulb-not-seeing-the-light/p1

My advice would be to send them  letter before action,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

seeking a sum of money, somewhere between £200 and £700 for harassment/breach of DPA/whatever.  If they refuse try a claim.  

laddie123

Two sound pieces of advice. As above, I've made the offer disclosing the bank's written statement confirming payment. That, I think, should suffice. As for GDPR: I should have given an update. The legal advice was 'computer says no'. Any grounds for an harassment claim depends on what happens next.

Fruitcake

Harassment is a very difficult thing to prove. Sending debt collector letters to recover an alleged debt is perfectly acceptable.
A DPA/GDPR breach is much easier to win as you do not need to prove harassment or financial loss, just that your data was obtained and processed without good reason.

D_P_Dance

Harassment is a very difficult thing to prove. Sending debt collector letters to recover an alleged debt is perfectly acceptable.

Acceptable to whom?  It is not an alleged debt, there is no debt.  In my book that merits a punt on a harassmennt claim.  I sippose that it hangs on one's attitude to risk..  .