Pressure from Solicitor and Information Commissionergreenspun.com : LUSENET : Repossession : One Thread
I few weeks ago I posted a question about a Solicitor, and the pressure they were putting my husband under to disclose my details on the I & E form. I received a e-mail saying I (not my husband) should make a complaint to the IC about the solicitor, they were basically saying if he did not fill in the form the Halifax would take him to court and claim the full amount, but the Halifax had already stated in writing that they would settle for 50% of the shortfall. Today I have received an e-mail from the IC saying they cannot help me as it is not a Data Protection matter. I though the IC governed the way data was collected as well as used and the Data protection act states that data should be processed fairly, I was also under the impression that 'processed' also means 'collection'. Can anyone advise. Thanks
-- Christine Singleton (Middleforth1@aol.com), February 07, 2002
I personally think the IC is drowning; the ramifications of the new legislation have opened complaint and assessment floodgates that it is ill equipped to cope with. However, I think that the IC's remit would not extend to your complaint as processing information is very different (legally) to collecting it. Processing refers to storage, retention, media, application and use. Collection is just that - getting the information in the first place.
The Halifax are chancing their arm. They are absolutely not allowed to ask for financial details of a third party who has nothing to do with a repossession. The only time a Court can direct that your details are taken into account is where there is evidence of joint title in current household assets. Tell them to go swing.
-- Too scared to say (firstname.lastname@example.org), February 07, 2002.