Saturday, December 5, 2009

Have they broken the data protection act?

To cut a long story short....



Moved into flat with boyfriend...JOINT TENANCY.(both fully lible for the total rent individually)



Paid my half of the rent, but he didn't.



Section 21 served, I moved out.



As the solicitors were able to find me to take me to court and not him, I have been lumbered with a 8k CCJ.



The landlord did have my parents address, as I had told him where they lived in one of our early, more pleasant conversations, however this address I have not lived in for yrs and it was not on any of the references or previous address given...



So my parents are unaware of the mess I'm in untill they recieve a letter they have to sign for, addressed to them saying basically....



'' Dear Mr and Mrs X....As you know (*they did not!) we are the solicitors who act on behalf of your daughters former landlord....she owes 8k....please pay the amount in full by this date or bailiffs will seize goods from your property''



Did they break the Data protection act?



Can I sue them!?!?



Have they broken the data protection act?ballet theater



Hmm tricky.



The fact you told your landlord your parents address willingly in a converstation as you stated which he passed this on to his solicators. No breach of data protection there.



Your landlords solicitors disclosing your personal finances to a 3rd party however, well that sounds like a breach of data protection, they should have addressed the letter to you as i imagine you are a adult over 18??? stating they would instruct balliffs attend your current address (parents address) and seized good's which belong to you, they could not seize your parents belongings. So as long as your over 18 IE a adult then i cannot see why they addressed it to your parents so i think you have grounds to instruct a solicitor for legal proceedings against them...



But as always you will need to contact a solicitor for a intial consultation, it maybe 锟?0-锟?0 well spent...make sure you keep hold of that letter thought.



Have they broken the data protection act?chicago theater opera theater



No they have not broken the data protection act.



Section 35 under exemptions would be relevant.



35 Disclosures required by law or made in connection with legal proceedings etc (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.



(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary鈥?



(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or



(b) for the purpose of obtaining legal advice,



or is otherwise necessary for the purposes of establishing, exercising or defending legal rights.



I suggest that you inform your landlord of you ex flatmates address.
Don't think they broke the data protection act in pursuit of your alleged debt, but I do think your mother and father have a strong case to put before the law society.



http://www.lawsociety.org.uk/choosingand...



Under no circumstances should they be attempting to recover your debt from a third party and using threatening behaviour, (bailiffs). Report the solicitor in question and see how quickly it crawls back under its rock!



Your legal liability for a joint tenancy looks bleak I'm afraid. You either come up with the boyfriends new address or pay, (might be tempted to mention his parents address), and even if you do, it looks likely you will be in court against him after the landlord.



Damage limitation is about your only option.



Edit: Reasonable steps would be to write to the family in search of a forwarding address. Unreasonable steps would be to demand payment of anothers debt and threaten bailiffs.



The solicitors in question have overstepped their legal remit; they might aswell have saved the recorded delivery and billed the neighbours. Definitely a case for the law society :0
No, no breach of data protection. The lawyers would have taken all steps to find you anyway, eg...enquiry agents, sending to your last known address, family.....etc



Marcus....there is nothing that you can report the solicitor to the law society for, the solicitor has a duty to his client to take all reasonable steps including writing to family!!!!!!!

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