Dear colleagues
The DPA is not necessarily the relevant statute in this case.
The Information Commision can only advise on matters relating to the
relevant legislation that they are responsible for e.g. DPA.
If you followed their advice, can you be certain that this would be a valid
defence under the AJA? In fact, I suspect that their staff may not be
aware of the Administration of Justice Act.
You would be better advised contacting the Office of Fair Trading and
speaking to their advisers. They would also be able to advise whether they
might consider your suggested course of action to be in breach of any
obligations under the Consumer Credit Act, assuming the Institution is
registered as a credit provider. It may not be.
Best wishes,
Lynzie
(specialist debt adviser in a former life...)
--On 12 October 2005 11:39 +0100 Simon Howarth
<[log in to unmask]> wrote:
> Caroline,
>
> If what you say is true, then this will not apply.
>
> Simon.
>
>
>
> -----Original Message-----
> From: This list is for those interested in Data Protection issues
> [mailto:[log in to unmask]] On Behalf Of Caroline Dominey
> Sent: 12 October 2005 11:36
> To: [log in to unmask]
> Subject: Re: Recovering Debt
>
> I don't know much about this one! However, since the family member
> phoned
> us (without any contact from us) and offered to pay the debt I struggle
> to
> see where harassment comes in.
>
> Caroline
>
> --On 12 October 2005 11:30 +0100 "Lynzie Gadd, Examinations"
> <[log in to unmask]> wrote:
>
>> May I suggest that the action being considered could constitute
>> 'harassment of a debtor' and therefore be liable to criminal
> proceedings
>> under the Administration of Justice Act 1970
>>
>> The relevant section appears below:
>>
>> Section:40 Punishment for unlawful harassment of debtors.
>>
>> A person commits an offence if, with the object of coercing another
>> person to pay money claimed from the other as a debt due under a
> contract
>> he-
>> harasses the other with demands for payment which, in respect of their
>> frequency, or the manner or occasion of making any such demand, or of
> any
>> threat or publicity by which any demand is accompanied, are calculated
> to
>> subject him or members of his family or household to alarm, distress
> or
>> humiliation;
>>
>>
>>
>> Just a thought...
>>
>>
>>
>
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