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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning - I wonder if you could offer some advice Due

Resolved Question:

Good morning - I wonder if you could offer some advice

Due to loss of income through job loss, I fell behind on payment of a debt, which was then sold on to a collection company. This led to the loss of our home and we moved in with my parents - my father has a similar name to mine. After futile negotiations with the collection agency, they threatened to take a charging order on my parents home, assuming it was mine. I told them their error immediately, but after some months they have gone ahead and gained an interim charge on their house. Land registry documents and other information from credit reference agencies would as part of due diligence tell the collection company that I couldn't have an interest in their property. Now my parents know about a debt I didn't want them to know about, how much it is for and other private information. The company have given an insincere apology, and their solicitors are stonewalling both my parents and I. I can't allow them to get away with this - what redress is available for both my parents and I.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Did you yet an interim charging order from the court please?
Customer: Yes - documents were sent to both my dad who has almost the same name as me and my mum who is joint owner of their house
Customer: The hearing for the charging order is in two weeks and the documents also include lies - namely that I have made no payments towards the debt, which is completely untrue, but they then go on to say that the charging order is requested as security against potential non-payment
Customer: We'll my parents did, both individually
Alex Watts : Are you named on the title register please?
Customer: No - title is solely my parents, as previously mentioned my dad has a similar name...
Alex Watts : Are they attending or at least your dad the interim hearing.
Customer: More than likely...
Alex Watts :

OK - you and dad need to attend the hearing. Both of you MUST attend.

Alex Watts :

If you do not, it will be made final.

Alex Watts :

You and he also need to file a witness statement saying that it is not you.

Alex Watts :

Again you MUST do this

Alex Watts :

If you do not then you may not be able to give evidence.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

How on earth can it be made final, he has no debt or contract with them, and both the finance team and their solicitors are fully aware of this. What about the redress for misuse of data and breach of confidentiality

Alex Watts : The interim order has been made.
Alex Watts : This hearing is to decide whether it is to be made final.
Alex Watts : Therefore you must attend with your dad and file a statement.
Alex Watts : The judge must have been satisfied there was a link in the first place to make an Interim order.
Alex Watts : This is why you both must attend.
Alex Watts : Breach of the data protection act is another cause of action,
Alex Watts : You would need to issue proceedings pursuant to section 13 of the act which states
Alex Watts : (1)An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
Alex Watts : However I think you would get less than £50,000
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thanks - so beyond the statements and us both attending court, would the first step be to inform the information commissioner prior to seeing a solicitor, or should we see the solicitor first?

Alex Watts : See the ICO in the first instance, no solicitor needed.
Customer:

Ok thanks

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