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Blackkatier
28-03-2006, 07:21 AM
I am still a player in the ongoing saga (see old thread Guarantor - help required), and waiting to go to court, hence no updates as yet.

I have a question re data protection and would like your views please.

The LL's agent gave my name and address to my sisters creditors (I was guarantor for her rented property, she skipped off and left me to deal with everything). Whilst I understand that this is acceptable for utilities, I have since learned that passing my details to other creditors is in breach of the Data Protecton Act.

The agents response was - well, it was probably only for utilities anyway - he did not seem to know or care. Should i report the firm for this breach? I do not want money or a court case, but feel that they should uphold the laws not do as they like.

davidjohnbutton
28-03-2006, 08:27 AM
Section 35 of the DPA would appear to cover them in that they released your address for the purpose of legal proceedings.

quote "35. - (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary-

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or
(b) for the purpose of obtaining legal advice,
or is otherwise necessary for the purposes of establishing, exercising or defending legal rights." ends quote

Blackkatier
28-03-2006, 19:21 PM
Thank you,
The DPA admin office did say that my name and address should not be given to my sisters creditors as I had no forwarding address for her (the agent knew this) and i didnt guarantee her credit debts just her rent. I will get back in touch with them re your response.

Worldlife
29-03-2006, 02:34 AM
Should the dPA feel (despite the points viewpoint expressed here) that there could be a case to answer are you able to prove beyond all reasonable doubt that the landlord passed your sister's address to the third party?

Am I correct in thinking you are relying on what was allegedly said between yourself and the landlord and that there is no supporting paperwork?

What happens if the landlord denies the alleged conversation took place? Are there independent witnesses?

Blackkatier
30-03-2006, 16:06 PM
No, i actually have supporting paperwork - re letters sent to me and addressed to my sister at my address from a credit card company and other offices all to my home address.

As it took me weeks to persuade this company that i was not my sister, i did not run up the debt, i did not know where my sister had moved to, just that it was out of the country, and that i was NOT going to pay the bill, i am quite angry with the agents!

davidjohnbutton
30-03-2006, 17:32 PM
Blackkatier - you seems to have reacted adversely to a demand from a company for you to pay a debt that has nothing to do with you.

My own way of dealing with these is to send one letter back stating that I will charge £25 per item for dealing with any further correspondence from them - this usually resolves the matter. If it doesn't and a court summons is answered, I counterclaim for costs using the aforesaid letter as my basis - so far have won against three companies that claimed false debts off me!

Blackkatier
31-03-2006, 16:02 PM
Blackkatier - you seems to have reacted adversely to a demand from a company for you to pay a debt that has nothing to do with you.

My own way of dealing with these is to send one letter back stating that I will charge £25 per item for dealing with any further correspondence from them - this usually resolves the matter. If it doesn't and a court summons is answered, I counterclaim for costs using the aforesaid letter as my basis - so far have won against three companies that claimed false debts off me!

that seems to be an excellent way to deal with them. I have reacted adversely as the LL is extremely unreasonable and i dont like being bullied. This person even sent me HIS electricity bill to pay - i think you can imagine what i did with that!