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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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In dispute with Halifax over a credit card debt,I asked for

Customer Question

In dispute with Halifax over a credit card debt,I asked for data subject access request.
This showed Halifax had obtained details (not from Lloyds) of a debt I have with Lloyds credit card division.
In my original credit card agreement with Halifax - under a section headed Data Protection Act - it states 'I understand that Halifax may use and disclose details it has about me as set out in the 'About you - personal information and how we use it' section in the terms and conditions enclosed' - in the T&Cs there is no section 'About you',so I cannot see that Halifax has any right to obtain the Lloyds details,nor that the body which divulged this information had any right to give it out either.
Under the Data Protection Act,how serious (or not) is this?
What penalty would Halifax likely face,and from whom?
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.Was the debt sold from Lloyds to Halifax please?Alex
Customer: replied 10 months ago.
No,debt originated with Halifax - I believe Halifax instructed Wescot,a debt collection agency,to pursue me -Wescot seems to have obtained details of a Lloyds CC debt from Apex,another debt collection agency acting on behalf of Lloyds - this shows up under the Subject Access Request sent to me by Halifax,but dated after my request to Halifax.I was obviously asking Halifax for historical correspondence,but I am wondering if Wescot have used the request for their own means.
Expert:  Ash replied 10 months ago.
Whether or not they breached the DPA are you being taken to Court for the debt?
Customer: replied 10 months ago.
Not so far
Customer: replied 10 months ago.
You and I have had previous correspondence relating to this - i thought I had off-loaded 4 cc debts to a co called Highbridge,
but Highbridge were not authorised by FCA,and handed back the debts to me (after paying £8k or so fees - the subject of other litigation)
Expert:  Ash replied 10 months ago.
Do the terms say they can share information about you?
Customer: replied 10 months ago.
Not as far as I can see - there obviously should have been a para in the T&Cs headed 'About you - personal information and how we use it' - but it is certainly not in my copy of the T&Cs
Expert:  Ash replied 10 months ago.
Well potentially they have breached the DPA as S.13 says:Compensation for failure to comply with certain requirements.(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.(2)An individual who suffers distress 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 distress if—(a)the individual also suffers damage by reason of the contravention, or(b)the contravention relates to the processing of personal data for the special purposes.So there is a potential argument for a claim.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
Thank you - think that's it for now - I would have spoken to you on the phone but am in a hospital waiting room at mo,not really the place!
Expert:  Ash replied 10 months ago.
Sure. Good luck!Alex
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Customer: replied 10 months ago.
in my original credit card agreement with Halifax - under a section headed Data Protection Act - it states 'I understand that Halifax may use and disclose details it has about me as set out in the 'About you - personal information and how we use it' section in the terms and conditions enclosed' - in the T&Cs there is no section 'About you',so I cannot see that Halifax has any right to obtain the Lloyds details,nor that the body which divulged this information had any right to give it out either.On reflection,this was not answered,and it is important to me to know exactly where I stand with this - surely,if there are no terms and conditions,halifax cannot give out or seek any data/info on me?
Expert:  Ash replied 10 months ago.
Halifax does NOT have the right to get this information - does that help?Alex
Customer: replied 10 months ago.
Perfect,many thanks
Expert:  Ash replied 10 months ago.
Happy to help
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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