How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Vincent2013 Your Own Question
Vincent2013
Vincent2013, JustAnswer Expert
Category: Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
74366787
Type Your Law Question Here...
Vincent2013 is online now

I have received a letter from past due credit solutions of

Customer Question

I have received a letter from past due credit solutions of impending action saying I owe £108.86. I do not owe anyone any money and cannot find out what this is about because I will nor confirm all my personal details, they need this for data protection, but where's my data protection if I give them my details, I have confirmed my name & address only.
Submitted: 3 years ago.
Category: Law
Expert:  Vincent2013 replied 3 years ago.

Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.

 

In order to comply with data protection legislation, debt collection agencies are required to keep information secure. This includes having a process to properly verify an alleged debtor's identity before discussing an account.

 

An alleged debtor is not required to provide this information over the phone and if he does not want to provide it and/or deal with the debt collection agency by telephone, he can refuse and ask for any further correspondence to be in writing. A debt collection agency will soon get the message.

 

An alleged debtor can then assert his rights under the Data Protection Act and make a subject access request to obtain the information the debt collection agency holds in relation to the alleged debt. More information on subject access requests (and how they can be made) can be found here:

 

http://ico.org.uk/for_the_public/personal_information

 

I hope that's helpful. Please just let me know if you need any more information.

Vincent2013 and 4 other Law Specialists are ready to help you
Customer: replied 3 years ago.
I was told they would not deal with me without confirmation of name address & d.o.b
Customer: replied 3 years ago.
They will not send a letter without confirmation of name address and date of birth
Expert:  Vincent2013 replied 3 years ago.

Many thanks for your replies.

 

As well as being required to have processes to secure information, organisations are entitled to request sufficient information to ascertain that a person making a subject access request is the person to whom the data relates.

 

In essence, having been approached by a debt collection agency, an alleged debtor can offer the required information (in order to ascertain details of the debt) but is also perfectly entitled to refuse to engage. Further, if an individual is of the view that she does not owe an alleged debt and communicates this to the debt collection agency, the view of the OFT is that ignoring and/or disregarding such representations (and continuing to make unjustified demands) can be deemed harassment. Such guidance also states that requiring an individual to supply personal information to prove they are not the debtor is an unfair practice.

 

The OFT guidance can be found here: http://www.oft.gov.uk/shared_oft/consultations/OFT664Rev_Debt_collection_g1.pdf

 

I hope that helps and please let me know if you require any more information.

Related Law Questions