Embarrassed by CreditFix

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danny252

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Post by danny252 » Mon Jun 15, 2020 5:45 pm
Hi, I am with credit fix and on Saturday they rung me, I asked my friend to answer it as i was busy. After him saying it was not me on the phone they continued to explain that i was two payments behind and what they do. I was so embarrassed and when I got the phone off him I had to make out I did not know the company or what they were talking about. This freind has an uncle that works in the same place as me and now everyone at work knows that I have an iva and in debt. I have contacted creditfix and told them of this... what out come should I expect there response to be on this matter as I believe it to be a breach of my gdpr.

Regards

Dan

Foggy

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Post by Foggy » Mon Jun 15, 2020 7:01 pm
Their response might be to try to brush it under the carpet or maybe offer some recompense. You have two avenues for complaint here --- to their regulatory body, via the Government Gateway https://www.gov.uk/complain-about-insol ... actitioner or to the ICO: https://www.gov.uk/data-protection/make-a-complaint --- or both.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

danny252

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Post by danny252 » Mon Jun 15, 2020 7:22 pm
Hi

Thank you for the fast recsponce, I was on the phone earlier to them and said I would go to ICO and was asked how far I had gone with that. My reply was I would see what there out come was and told them I have been humiliated at work with people knowing and that I suffer with depression and anxiety... all very true. They responded in 1 hour and will do me a report with an outcome tomorrow morning.

Thank you.

luluj

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Post by luluj » Mon Jun 15, 2020 8:58 pm
That certainly is a serious breach and one that I would not be fobbed of with a written apology.

I would report it due to the seriousness and I would consider what route you can take to seek some form of compensation due to your situation with work colleagues knowing.
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danny252

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Post by danny252 » Tue Jun 16, 2020 4:35 am
Thank you for the information / advise, I will keep you up to date with the out come.

Regards

WallE

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Post by WallE » Tue Jun 16, 2020 11:48 pm
I would consider it a serious breach of GDPR as they have discussed specific details of your case to an unknown third party without completing data protection with the answerer.

Don't let them brush it under the carpet.
Hi! I used to work for one of the UK's biggest Insolvency Practitioners - I don't work for an IP anymore but still have an extensive knowledge of the IVA industry. How can I help?

danny252

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Post by danny252 » Wed Jun 17, 2020 4:28 am
Was talking to them yesterday and said it seemed like they are trying to brush it under the carpet, then asked for the call recording and told them I have took legal advise. The advise was to get the call log, wait for there out come and if not reasonable then see the ICO and I have informed Creditfix this is what i am doing. I believe i have given them my full intention and so have a fair chance of being fair with me.

kallis3

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Post by kallis3 » Wed Jun 17, 2020 7:57 am
This is really disgusting and very embarrassing and I hope you get this sorted soon.
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lifenoteasy

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Post by lifenoteasy » Wed Jun 17, 2020 9:39 am
Ask specifically for their Data Protection Officer contact information (but according to the ICO register they do not appear to have told them which could be an offence).

Now that you have asked for a copy of any recording, it is illegal for them to delete it as they know it is wanted.

It is a breach of GDPR but the impact in terms of how it affects you is only really quantifiable by a court.

Any action by the ICO would more likely look at whether this was systemic and that their general processes were breaching data protection legislation.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.

luluj

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Post by luluj » Wed Jun 17, 2020 7:21 pm
Have you put your request for the recording in writing to them? If not do so so you you have an audit trail. I would now only deal with this matter in writing with them so you can retain all correspondence ahead of making your formal complaint to ICO.

This is a serious breach as stated and you should ensure you do take appropriate legal advice to maximise outcome for you in your favour. Citizens Advice bureau would be a good starting point
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"

danny252

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Post by danny252 » Thu Jun 18, 2020 3:35 am
Hi

They wanted to phone me and I said I wanted to handle it all through email so I have the whole recorld, I asked for the recording through email as well. Still not heard from them as of yet as they are waiting for there complaints department to get back to them. I am dealing with a manager at the moment.
I am giving them a chance but wondering if I should just go to the ICO anyway.

All great advise...

Thank you all.

normanna

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Post by normanna » Thu Jun 18, 2020 9:19 am
Your friend has some culpability here too. He continued with the call when he shouldn't have and then told people about it. Personally, he would no longer be my friend if he did this as he is not trustworthy. So your anger and frustration should be equally vented towards him.

Creditfix agent may not have heard him say he was not you as highly unlikely they would have continued with the call if they had. Speaking from some experience here.

You may get some small amount of compensation but it's not going to be life changing. What's done is done and mistakes do happen unfortunately- just keep calm and follow the process through - you can't escalate further really until you have given them a proper chance to respond.

Good luck

danny252

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Post by danny252 » Thu Jun 18, 2020 9:35 am
I am not his friend any more as had a go at him after the event and not expecting a life changing sum of money but certainly expect a good sum to at least come off the IVA or quashed on my part, if not the wife's.
We will see, I believe I am being fair in the time i am allowing them, I will wait and see there out come first.


Thank you for the advise.

danny252

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Post by danny252 » Sat Jun 20, 2020 10:45 am
Hi

 

 

Thanks fro your email.

 

Apologies in delay getting the call recording over to you (see attached). I had some technical issues yesterday with the call playing.

 

The call is now attached and I would like to point out some points from it.

 

40 seconds into the call your friend confirms he is (......) after my agent ask to confirm his name.

 

55 seconds in the phone is passed to someone else which you can hear and also the voice changes from who answered the call. I am assuming that it is you that takes the phone at this stage.

 

Before the call is passed to you no specific information is shared with your friend. All he knew at this stage was that we were calling regarding an IVA. Anyone who is in an IVA goes onto an Insolvency Register and this can be viewed by the general public. On that basis we have not shared anything with your friend that is not in the public domain.

 

The information shared regarding payment etc was given to you (our client).

 

I accept my agent should have covered DPA as already stated and I also feel your friend should not have confirmed he was you when he clearly was not.

 

Sincere apologies about the SMS you have received and I am resolving that just now to ensure these stop.

 

I am happy to discuss further once you have listened to the call.

 

Thanks

danny252

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Post by danny252 » Sat Jun 20, 2020 10:46 am
This was the latest email I recieved from Credit fix, I also recieved the recording.
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