Is using government data to trace a creditor illegal?

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Hi I've recently been traced for an old mortgage shortfall. It seems highly likely the debt/trace agency found me via a connection that is only recorded on government databases. Please does anyone KNOW if it is legal to use government data for private/commercial purposes? Am I entitled to request details from a government agency, under the Data Protection Act or similar, to see whether they have passed data to a private 3rd party?

Many thanks!

-- Couple of questions (coupleofquestions@hotmail.com), June 11, 2002

Answers

Which department - because government depts are NOT allowed to pass on your info to anyone. However, allegedly, I hear tell that a certain agency is as leaky as an old sieve. You'll find nothing in their records - if it was an agency leak it will be an individual selling the info. Allegedly.Hypothetically speaking.SARNING the debt collection agency may be more fruitful...but your first port of call is to really retrace your steps - most of the time people trace themselves.

-- Too scared to say (iwasduped@yahoo.com), June 12, 2002.

but is is ILLEGAL?

I wonder if it's actually illegal to dispense or receive government data though (Home Office or DVLA). Has anyone a clue of likely Acts I could research to discover this?

Thanks

-- Couple of questions (coupleofquestions@hotmail.com), June 13, 2002.


Thanks, the dept would either be the Passports agency or DVLA (and they found me via my spouse's registration there). Are these the leaky ones? I guess a govt dept is un-SARNable?!

-- Couple of questions (coupleofquestions@hotmail.com), June 12, 2002.

You can most certainly SARN a government department, they are not above the law, contrary to what they might think! I have seen, on tv programmes, and been told by a debt collector that they have ways of finding out information which the ordinary person can't. The impression I got was that they have people 'on the inside' who pass out information.

SARN data covers manual (paper) records as well as computer information so try SARNing the debt collector first.

-- pendle (pendle_666@yahoo.co.uk), June 12, 2002.


Honestly, I was thinking of a our friendly DSS which allegedly seems to have the knack of saying the wrong thing to the wrong people without checking to whom they are speaking. Allegedly. As it were. But funny you should mention the DVLA...because my Lender has recently crawled out from under it's stone and this was shortly after I got a new licence - I lost the old one. Hmm.

-- Too scared to say (iwasduped@yahoo.com), June 12, 2002.


Listen you can't have it both ways, I've read on this site advice given to to people on how to avoid your debts so you can have no complaints when the other side employs try and counter act this.

-- (Shaz@hewitt19.freeserve.co.uk), June 12, 2002.

The people who publish this website do not advocate avoiding debts, any debt-avoidance advice given via the Q&A board is the opinions of individuals and not necessarily of those who are responsible for the rest of the website content.

Regardless of this, there are laws regarding the use of personal data. If a creditor or debt collector uses their position or abuses others to gain information they're not entitled to then they're acting illegally and that cannot be condoned in any way.

Those who are fighting their shortfall claims are doing so for a good reason. No lender can turn round and claim a sum of money without justifying their claim. It doesn't matter who is claiming, the civil procedure rules state what must happen, its the lenders who aren't playing by the rules. In a lot of cases, the lenders don't have a leg to stand on, but use threats to cover their mistakes and gain what they wouldn't get in a court of law. If lenders were more honest and open about dealing with shortfalls, this site wouldn't be here.

-- pendle (pendle_666@yahoo.co.uk), June 12, 2002.


I have never seen anyone post advice on deliberate debt avoidance and further the webmaster of this site would never condone it. Those of us who regularly post here do so because we are being hounded for shortfalls which, for the most part, don't really exist. In most cases the alleged shortfall only exists because of deliberate underselling - a practice perpetuated by the lending industry. No one is asking to have it both ways, but Government Depts, whether quasi or not, have an absolute duty of confidentiality to the tax paying public.

-- Too scared to say (iwasduped@yahoo.com), June 12, 2002.

What we must also not forget is that in many cases lenders have not lost money having regained the capital they lent, they have simply not made as big a profit as they expected to when you signed up to pay them back over 25 years! The news yesterday that the government wants to give widespread public servant access to electronic data of private individuals should fill everyone with alarm. If we are not careful the subterfuge 'necessary in the fight against terrorism' will massively erode our civil liberties.

-- Gordon Bennet (arsenewhinger@hotmail.com), June 13, 2002.

what good would "sarning" a goverment agency do in this case???? the agencies are hardly likely to have a record of passing on information verbally to a 3rd party if indeed they actually did!!!!!! you would be surprised who may know of you and or your whereabouts........ get a life and pay the money that you owe!!!!

By the way the DVLA is not a very good source!!!!

-- coupleofanswers (locate1st@hotmail.com), June 13, 2002.



Excellent - so now when Lender's claim that they couldn't find us (even with a forwarding address provided) and that's the reason they failed to notify us of sales, viewings and offers etc, we can reasonably assume that excuse is total bollocks.

-- Too scared to say (iwasduped@yahoo.com), June 13, 2002.

I myself never thought of this site as a way of avoiding paying what you owe but more as a decent and honest source of advice for people who were quite wrongly being spied upon, lied to, stolen from,threatened,intimidated,manipulated and just generally given a raw deal. But then I suppose that if you work for one of these debt collecting parasites you feel you have to justify what you do,so you come on here and have your little say and it lets you sleep a bit easier. Try this little experiment next time you are in a crowded public house stand up and shout out what a good person you are, then tell them what you do for a living you will have have such a good time afterwards that you can inspect your teeth more clearly as they will be on the floor. Then you can crawl back under your rock and carry on as before and realise what a sad lonely person you really are, even your friends don't really like you they just keep you sweet so that you leave them alone.

-- David (stitsevol@aol.com), July 11, 2002.

i have deliberatly avoided debt, im not dishonest but had a husband who refused to maintain me and our child i had to run away that was 11 years ago no one has ever found me. im not proud but i had no choice. i still feel bad about what i did.

-- mrs ma baker (me@home.com), February 26, 2004.

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