Mackenzie Hall / PRA Data Protection Issues...

[fkofilee]

Hi Guys

 

I got and hone call on Friday from PRA, ignored it because it was automated, then they did the one thing that is a massive no-no;

They rang my work place! Somehow managed to find the number and embarrassed me, because my boss dragged me aside this morning and went "what the hell! "

 

Anyway I spoke to PRA and they REFUSE to remove the contact details for me after i said in writing only.

They have marked them *Incorrect contact* instead and refused.

 

I warned them I would refer it to the ICO, and they still didn't budge!

 

What do you suggest?

[renegadeimp]

Put it in writing. If they still call you, then time for a formal complaint to the regulators and a LBA to PRA. Meanwhile, its time to sit your boss down and explain things to him. Make sure its clear that you have stated your legal request and they have ignored it. So now you are communicating with the regulators.

[fkofilee]

I did explain it to him today! And he was very understanding... I asked PRA about the supposed debt and it's a Wonga one I mentioned on my thread about SC Clearance.

 

What I don't get it why they marked it *incorrect contact*

[renegadeimp]

They probably havent marked it at all. They are a DCA/Tracing agent so they couldnt care less. They just want the money.

[fkofilee]

:sigh: I know they are the lowest of the low... I just want a life of peace.

[BRIGADIER2JCS]

This is a Formal Complaint scenario, outlining the breach of OFT Guidance and a report to OFT FCA right now.

[fkofilee]

Yes but to what effort? They won't do anything :-\

[BRIGADIER2JCS]

IF complaints are not made licence renewals and applications will go unchallenged,!

[fkofilee]

I know... :Sigh:, okay, I'll do it right away.

[Lanza4]

I had a number of phone calls at work from Mackenzie Hall. I told them they were jeapordising my job and they must delete my number ftom their filess immediately. I said if I receive any more phone cslls at work I will regard them as harrassment and will report them to the appropriate authority. I also sent this by email and post. I got a letter back from them saying they have removed my number. Theyre not allowed to harrass you at work, dont let them get away with it.

[fkofilee]

I wont let them get away with it... But Under the Data Protection Act of 1998, I can request this information to be removed...

They have refused.

[Lanza4]

They cant refuse if it could jeapordise your job. Report them to the OFT.

[BRIGADIER2JCS]

Write quoting OFT Guidance (section 3.9 ) has the data I think.

[fkofilee]

Okay I'll get on and do it later...

Surprisingly last night, I rang once more to dip my foot in the water...

 

*yes sir, I will remove those numbers immediately*

*as in they will deleted?*

*yes sir and I'm sorry you were spoken to like that! *

*right but I still want to complain, what's the complaints and compliance process? *

*we don't have one!*

*what about the complaints address? *

*I'm not obliged to give that out sir*

 

There is proof that they are Monkeys... I won't let this go.

[Cheekywink]

I used to work for finance companies such as Citi, WFS etc.. if it was requested that a phone number be removed and never called we had to do it regardless of if it was a home number, mobile or work. If we continued to call after the request then we risked being caught up in harassment cases. My memory is a little hazy as it is a few years ago but i believe failing to remove a number when requested breached the'administration of justice act (section 80)' and left the company liable to prosecution and would render the debt uncollectable. Failing this request a copy of the original signed agreement from whoever is calling, failure to provide would render the debt unenforcable, the slightest error on a contract would void the debt and the best case I saw was someone had marked the signature box with an 'x' to indicate where the customer should sign, when contested the debt had to be written off (£15k secured loan) because the customer proved that their signature didn't start with an 'x'.

 

These DM companies are a scourge and will threaten anything to try and collect a debt but they are very tightly regulated and actually have very little power to enforce collection, most staff are very poorly trained and will slip up on DPA or harrassment issues to try and meet their targets. All you need is one mistake either in writing or recorded (with them being aware of the conversation being taped) and the debt is no longer enforcable. Also if you state clearly that you have no intention of acknowledging or paying a debt then any further attempt to collect without trying through the courts is harrassment.

 

Again it's a few years since I worked in financial services and i left just as these debt management companies started springing up everywhere but I doubt the regulations have changed much, use the above as a guideline but double check first incase any changes have occurred.

[BRIGADIER2JCS]

A very informative post cheekywink, thank you.

There has been change in guidance and regulation over the years in relation the debt collection process, many DCAs have come up with ideas such as certain OFT guidance does not apply to them, and industry 'guidance' allows them to ignore statutory time scales.

 

 

'Paid for' DMPs are a liability and best avoided,some free one have been found to give poor service at time.

[Cheekywink]

I thought some of my info may be out of date, has been a few years since I worked in the industry. And as you say the paid for debt management companies should be avoided at all costs. I would receive offers from these for repayment offering £1pm on the debt but taking a £30pm + fee. CCC's I always found were very good and free or failing that there are plenty of templates out there to use yourself. Most companies will request an income and expenditure form and from experience those in trouble wanting to resolve it would happily complete them and show the repayments on the debt were impossible, accordingly we would aim to rewrite the debt to meet their existing budget or if that wasn't possibly refer them to the likes of ccc's or other free debt management services to help out, the ones who kicked up a fuss tended to be fully capable of making payments but would prefer a full hd sky package, weekends away and new tv to paying the loans.

 

Maybe time to brush up on my regulations again and see what the current loopholes and general infringements are nowadays.

[BRIGADIER2JCS]

Good Idea, changes afoot now OFT going FCA taking over wide ranging changes discussed.