a website business has the contact address as my home address

Grumpy_chap

hpuse said:

For the context of this thread and benefit for OP, this should be written as 
It is only when that address is linked to an individual  or deliberately associating the address to a legal entity without permission or consent can be considered as an act of Fraud, as per Section 1 of the Fraud Act 2006.

Re: my position on GDPR breach, for the record - there may not be any GDPR ruling yet for misuse or abuse of a random address by fraudster running or registering companies yet. As I mentioned, this is an area that is currently being worked upon for introducing frameworks re: address’ validity, relevance & usage.

Also, in my view, a public forum such as this should not be used to make encouraging/sweeping statements to potential fraudsters reading these threads - just because there is no law currently preventing UK company registration using a random address. 

Again, your ignorance of the actual rules and persistence on a GDPR issue persists.

There are rules relating to the address for a company:
https://www.gov.uk/limited-company-formation/company-address

Deliberately using an address that is not compliant with the rules can, indeed, be pursued under fraud measures if the incorrect address is used for that reason.  That still does not create a GDPR issue.  

If you believe there is a GDPR issue, please provide the citation within the legislation.
Given you are struggling, here is a starting point:
https://www.legislation.gov.uk/eur/2016/679/contents

hpuse

Grumpy_chap said:

hpuse said:

For the context of this thread and benefit for OP, this should be written as 
It is only when that address is linked to an individual  or deliberately associating the address to a legal entity without permission or consent can be considered as an act of Fraud, as per Section 1 of the Fraud Act 2006.

Re: my position on GDPR breach, for the record - there may not be any GDPR ruling yet for misuse or abuse of a random address by fraudster running or registering companies yet. As I mentioned, this is an area that is currently being worked upon for introducing frameworks re: address’ validity, relevance & usage.

Also, in my view, a public forum such as this should not be used to make encouraging/sweeping statements to potential fraudsters reading these threads - just because there is no law currently preventing UK company registration using a random address. 

Again, your ignorance of the actual rules and persistence on a GDPR issue persists.

There are rules relating to the address for a company:
https://www.gov.uk/limited-company-formation/company-address

Deliberately using an address that is not compliant with the rules can, indeed, be pursued under fraud measures if the incorrect address is used for that reason.  That still does not create a GDPR issue.  

If you believe there is a GDPR issue, please provide the citation within the legislation.
Given you are struggling, here is a starting point:
https://www.legislation.gov.uk/eur/2016/679/contents

Fact: There is no law or GDPR does not deliberately mandate against storing or using random raw-address without names attached during company formation.

However, my ignorance is always NOT on posts that whitewashes ‘fraud’ for the benefit of OP, and the context that has been described . 

Camaraderie and mutual ‘thanks’ displayed here to downplay efforts is of least botheration, rather an enjoyment 😃.

PS: I tried to avoid references such as “you”, “yours” since it deviates from the topic, however there is aplenty in response, understand they are due to historical reasons. 

born_again

hpuse said:

Grumpy_chap said:

hpuse said:

A static address from Royalmail Postcode Address File (PAF) has nothing to do with the context of this post. Ignorance is bliss.

Once again, just to reiterate my assertion

If someone has used a personal address (in the context of OP)  without consent to register a company, he has done an act which could be deemed against 
a) Companies house formation rules
b) GDPR 

Feel free to keep challenging the bullbog or bark up the wrong tree😀

No-one is disputing that the incorrect address for a company breaches companies law.
The rules are being tightened in this regard:
https://changestoukcompanylaw.campaign.gov.uk/

However, this is not a breach of GDPR.
None of the links that you provided reference GDPR.
If you wish to keep reiterating your assertion that using an address is against GDPR, why not provide a link to the legislation that supports your assertion (rather than media links that make no reference to GDPR).
This would then educate the forum in proper facts and we can provide suitably informed comment should the matter arise again.

Appreciate this post.  

So, just to make the matter of GDPR simple & straight forward to the rest of the forum members - it mainly applies to business and their use of “personal data” which not only confines to name or email address, anything that can be linked to identify an individual, which of course an address is.

If you read OP, it says two things
a) website has its contact address
b) companies house has his address (which is now removed)

Both the above is his private home address, so clearly the company has used OP’s home address without OP’s consent knowingly to ‘publish’ and attach to an asset( i.e a website) the company owns. Please note,  registering at companies house may not form an act of publishing information, as this may have been carried out by an individual with his personal credit card.  However, the deliberate act of publishing a contact address on a company website is, so combining these two count,  in my view, is a breach.

Now to prove whether this is a real breach, only ICO can tell. Since GDPR is relatively a new legislation it still has a lot of leeway for ‘first timer’ cases like these where the website owner gets a chance to make a ‘correction’ (of a clerical error, they will pretend as ) so as long as they do it, it is not construed as a breach.

Please note, this is the reason why this matter is in the parliament to tighten the current free-run for bogus shell companies to use ‘any’ registration address. GDPR is not the real issue, committing fraud is.

https://www.royalmail.com/find-a-postcode

Is this also a breech of GDPR as they publish addresses. Same for the genealogy site that publish even more personal data?

Anyway. You do not own the address. You may own a property on a piece of land.
Your address is made up a street name made up by someone else & Post Code that belongs to Royal Mail. There maybe more than one person living at a address, 
So in no way can be considered under GDPR as personal to you.

sheramber

What about junk mail that comes to my address and is addressed to or to the occupier? 

Are they in breach of the law you admit does not exist or are they committing fraud? 

Ergates

hpuse said:

Grumpy_chap said:

hpuse said:

For the context of this thread and benefit for OP, this should be written as 
It is only when that address is linked to an individual  or deliberately associating the address to a legal entity without permission or consent can be considered as an act of Fraud, as per Section 1 of the Fraud Act 2006.

Re: my position on GDPR breach, for the record - there may not be any GDPR ruling yet for misuse or abuse of a random address by fraudster running or registering companies yet. As I mentioned, this is an area that is currently being worked upon for introducing frameworks re: address’ validity, relevance & usage.

Also, in my view, a public forum such as this should not be used to make encouraging/sweeping statements to potential fraudsters reading these threads - just because there is no law currently preventing UK company registration using a random address. 

Again, your ignorance of the actual rules and persistence on a GDPR issue persists.

There are rules relating to the address for a company:
https://www.gov.uk/limited-company-formation/company-address

Deliberately using an address that is not compliant with the rules can, indeed, be pursued under fraud measures if the incorrect address is used for that reason.  That still does not create a GDPR issue.  

If you believe there is a GDPR issue, please provide the citation within the legislation.
Given you are struggling, here is a starting point:
https://www.legislation.gov.uk/eur/2016/679/contents

Fact: There is no law or GDPR does not deliberately mandate against storing or using random raw-address without names attached during company formation.

However, my ignorance is always NOT on posts that whitewashes ‘fraud’ for the benefit of OP, and the context that has been described . 

Camaraderie and mutual ‘thanks’ displayed here to downplay efforts is of least botheration, rather an enjoyment 😃.

PS: I tried to avoid references such as “you”, “yours” since it deviates from the topic, however there is aplenty in response, understand they are due to historical reasons. 

So, rather than admit you were wrong about GDPR you're now going to pretend you weren't claiming there was a breach of GDPR?

Moreover, at no point has anyone in this thread attempted to "whitewash" fraud - it is objectional to suggest so.

"Cameraderie" does not include leaving blatantly false claims unchallenged, it is reserved for those actually being helpful.    If you don't like being called out, don't make false statements.

If people are talking nonsense, it is important that we point out they are talking nonsense before someone else comes along and believes them.

hpuse said:

Grumpy_chap said:

An address on its own is not personal data.
It is only when that address is linked to an individual.

For the context of this thread and benefit for OP, this should be written as 
It is only when that address is linked to an individual  or deliberately associating the address to a legal entity without permission or consent can be considered as an act of Fraud, as per Section 1 of the Fraud Act 2006.

a) So absolutely nothing to do with GDPR - which is not about fraud.
b) Simply using an address without "permission or consent" isn't fraud.   It *might* be related to an act of fraud, but isn't one in and of itself.

hpuse said:

Re: my position on GDPR breach, for the record - there may not be any GDPR ruling yet for misuse or abuse of a random address by fraudster running or registering companies yet. As I mentioned, this is an area that is currently being worked upon for introducing frameworks re: address’ validity, relevance & usage.

No, it isn't.

hpuse said:

Also, in my view, a public forum such as this should not be used to make encouraging/sweeping statements to potential fraudsters reading these threads - just because there is no law currently preventing UK company registration using a random address. 

This is a forum that people come to for advice.   People like you spreading *utterly* false information here is the opposite of helpful.

The suggestion that anything anyone has said in this thread in response to the nonsense you keep spouting is in anyway "encouraging" potential fraudsters is, quite frankly, offensive.

hpuse

@all,

a lot of posts thinks & religiously argue that just an address is not personal for e.g 1, High street, Town TW1 1AN.

Yes, indeed it is not personal, as long as its owner or a resident's name is not attached No one is questioning that.  Please take GDPR out of context for that purpose.

Now,  please, “I” request you to focus on the thread title and the narration OP has given.

Two counts of occasion, where ‘someone’ has used OP’s address without his constent to
a) publish contact details on a website
b) register a company

My question is (again GDPR out of context)

- Do “you” think it is an act of fraud as per section 1 Fraud Act 2006

PS: “I”  ( as in hpuse, the poster) think it is and I quoted GDPR because I think using any personal information without consent is against my personal value system that I uphold.

For e.g even a car reg number plate(which is in the public domain) that belongs to someone else to get an insurance quotation and compare.
Hey, that is just me - I do not expect other posters here to be like me. This is public forum, right. Variety in morality is indeed the spice here, as the posts are vitally evident and indicative!

Keep your posts coming, more, please!

Jenni_D

You move the goalposts to suit your purposes (once it is clear - even to you - that your position is void), so I see little point in continuing. As such (to use the Dragon's Den phrase) ... I'm out.

Grumpy_chap

hpuse said:

@all,

a lot of posts thinks & religiously argue that just an address is not personal for e.g 1, High street, Town TW1 1AN.

Yes, indeed it is not personal, as long as its owner or a resident's name is not attached No one is questioning that.  Please take GDPR out of context for that purpose.

Now,  please, “I” request you to focus on the thread title and the narration OP has given.

Two counts of occasion, where ‘someone’ has used OP’s address without his constent to
a) publish contact details on a website
b) register a company

My question is (again GDPR out of context)

- Do “you” think it is an act of fraud as per section 1 Fraud Act 2006

PS: “I”  ( as in hpuse, the poster) think it is and I quoted GDPR because I think using any personal information without consent is against my personal value system that I uphold.

For e.g even a car reg number plate(which is in the public domain) that belongs to someone else to get an insurance quotation and compare.
Hey, that is just me - I do not expect other posters here to be like me. This is public forum, right. Variety in morality is indeed the spice here, as the posts are vitally evident and indicative!

Keep your posts coming, more, please!

So, you agree the address is not personal.
And, the OP never said their name had been used, only their address:

companieshell said:

Hello
An online business has used my home address as their main contact address. They have registered the address also on companies house where I managed to get that removed, that was a month ago and now a website has appeared. The whole website looks as if it was ai created with lots of false information like a  high score rating from Trustpilot stating it s has lots of reviews, but in fact their company is not on this site. It states other review sites too. If you do the google search the only thing that comes up is their website and no other information. But this is early days. Firstly I want to know what problems can arise if my address is used like this, it obviously makes them look legit. How can I get them to take my address down? I don't want to be in correspondence personally with them.  Thank you  

Nobody has disputed whether this is possibly fraud (assuming it was not a genuine error).

I can go online today and create a new business for 1 Varsity Drive, Twickenham, TW1 1AN
I shall call my new business Grumpy Limited
When I do so, it will set in place a process whereby Companies House send a letter to Grumpy Limited at the address I gave.
Someone lives at the address I gave and will receive the letter.
The letter does not have the name of the individual(s) that live at the address.
The individual(s) might simply pop the letter back in the post "not known at this address".
After a while, the individual(s) might take action to report the incorrect address to Companies House and get the address unlinked from the company.

This is exactly what the OP did.
The people (possibly with a fraudulent intent) that set up the business never had the OP's name or personal data.

hpuse

Grumpy_chap said:

hpuse said:

@all,

a lot of posts thinks & religiously argue that just an address is not personal for e.g 1, High street, Town TW1 1AN.

Yes, indeed it is not personal, as long as its owner or a resident's name is not attached No one is questioning that.  Please take GDPR out of context for that purpose.

Now,  please, “I” request you to focus on the thread title and the narration OP has given.

Two counts of occasion, where ‘someone’ has used OP’s address without his constent to
a) publish contact details on a website
b) register a company

My question is (again GDPR out of context)

- Do “you” think it is an act of fraud as per section 1 Fraud Act 2006

PS: “I”  ( as in hpuse, the poster) think it is and I quoted GDPR because I think using any personal information without consent is against my personal value system that I uphold.

For e.g even a car reg number plate(which is in the public domain) that belongs to someone else to get an insurance quotation and compare.
Hey, that is just me - I do not expect other posters here to be like me. This is public forum, right. Variety in morality is indeed the spice here, as the posts are vitally evident and indicative!

Keep your posts coming, more, please!

So, you agree the address is not personal.
And, the OP never said their name had been used, only their address:

companieshell said:

Hello
An online business has used my home address as their main contact address. They have registered the address also on companies house where I managed to get that removed, that was a month ago and now a website has appeared. The whole website looks as if it was ai created with lots of false information like a  high score rating from Trustpilot stating it s has lots of reviews, but in fact their company is not on this site. It states other review sites too. If you do the google search the only thing that comes up is their website and no other information. But this is early days. Firstly I want to know what problems can arise if my address is used like this, it obviously makes them look legit. How can I get them to take my address down? I don't want to be in correspondence personally with them.  Thank you  

Nobody has disputed whether this is possibly fraud (assuming it was not a genuine error).

I can go online today and create a new business for 1 Varsity Drive, Twickenham, TW1 1AN
I shall call my new business Grumpy Limited
When I do so, it will set in place a process whereby Companies House send a letter to Grumpy Limited at the address I gave.
Someone lives at the address I gave and will receive the letter.
The letter does not have the name of the individual(s) that live at the address.
The individual(s) might simply pop the letter back in the post "not known at this address".
After a while, the individual(s) might take action to report the incorrect address to Companies House and get the address unlinked from the company.

This is exactly what the OP did.
The people (possibly with a fraudulent intent) that set up the business never had the OP's name or personal data.

If this action is repeated (either by an individual or a company), it becomes a fraud and a thus violation of handling/processing of data, which of course is on an address where he/she (the fraudster or THE company) does not have explicit consent for. This is what is called "address fraud". Makes sense now?

Again, if the action is found repeated by ICO - in my view, it becomes a GDPR breach, which is unique to each occurance of handling data (and hence my quote). That is my personal opinion which am entitled to. Just to suffice, there has been no ruling by ICO as a breach to quote for using addresses illegitimately, i.e without consent. That doesn't mean that it will stay ever as  NO breach. Also, to say the same to public on the forum hey, use any address to form a company and put the same as contact details when you host a website, it is still staying legal as there is no UK law written in black and white ..That is even more outrageous. does it make more moral sense now ?

This is the reason I quoted numerous news articles  earlier from BBC and Guardian that highlight this issue. These fraudsters are sailing very close to wind, just becuase the law is not tight enough.

Ergates

hpuse said:

Again, if the action is found repeated by ICO - in my view, it becomes a GDPR breach, which is unique to each occurance of handling data (and hence my quote). That is my personal opinion which am entitled to. 

It isn't a breach of GDPR, no matter how much you want it to be.  You're entitled to your personal opinion, but your opinion on the matter is irrelevant.  Also, what you're *not* entitled to is to have your incorrect opinion left unchallenged when you keep repeating it..

hpuse said:Also, to say the same to public on the forum hey, use any address to form a company and put the same as contact details when you host a website, it is still staying legal as there is no UK law written in black and white ..That is even more outrageous. does it make more moral sense now ?

Good thing nobody has said that.  Or implied it.   At all.  By any stretch of the imagination.  

But I feel I should also point out that suggesting selling children into slavery as a good way to make money is, in my opinion, highly immoral.


Also:

hpuse said:

If this action is repeated (either by an individual or a company), it becomes a fraud and a thus violation of handling/processing of data, which of course is on an address where he/she (the fraudster or THE company) does not have explicit consent for. This is what is called "address fraud". Makes sense now?

Not really no.  The definition of fraud (in the UK) is :

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

I've highlighted the important bit for you.   Simply making a false representation (e.g. by using some random address on your company registration) is not fraud unless you do to with the intent to either make gain (by doing so) OR cause someone else to suffer a loss.

i.e. giving a false address isn't *itself* fraud.   Using that false address to make a gain is what is fraud.   Given there is no evidence of the company in question doing that, then there is no evidence of fraud here.

That is not what is called "address fraud" because that's a phrase you just made up.  Nor would it represent a violation of handling/processing of data, given that the company in question doesn't *have* any of the OP's data.