Do I have a legal leg to stand on regarding council sharing my personal data?

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tanya460
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by tanya460 » Mon Sep 11, 2017 2:12 pm
I have had an IVA since May 2017. I have continued to pay my payment agreement with the council tax also an extra £30 a month. I have not missed payments at all since the very first one many months ago hence the payment arrangement. I had included this debt in the IVA but continued to pay it on top of the IVA as I was not sure of my rights. This weekend I returned home to find a letter from the council to my partner informing him I have an IVA (single application partner does not know about my IVA) and he must now pay the debt despite me paying it. I'm concerned they felt they could tell him I have an IVA surely this is private data as the IVA did not involve him? Do I have a legal leg to stand on regarding the council sharing my personal data?
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Michael Peoples
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by Michael Peoples » Mon Sep 11, 2017 2:21 pm
The debt to the council is a joint liability and you should not be paying either it or the arrears. The council would then seek to recover the money from the joint debtor who is your partner. Where there is a joint council tax liability we will usually make an allowance for it to continue to be paid but the joint debtor has a right to know. Many firms do not like proposing IVAs where a partner is unaware as it can lead to problems later on and if there is a property involved these can be serious issues.
redboxtree
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by redboxtree » Mon Sep 11, 2017 2:43 pm
Unfortunately it was an IP that discovered a loophole that meant that council tax had to be included in IVA's and your insolvency company should have told you what this would mean.

Legally the council could now also decide that monthly repayments will no longer be allowed and that the council tax should be paid upfront every year. It is unlikely to happen but monthly payments are a concession - not a right.

The council was entirely within its right to disclose the reason for the debt to your other half and it would not be breach of data protection legislation.

Please also bear in mind that any information about your IVA is in the public domain until such time as your name does not appear on the insolvency register. Use of that data is also not a breach as such of data protection legislation.
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tanya460
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by tanya460 » Mon Sep 11, 2017 2:55 pm
Michael Peoples wrote:
The debt to the council is a joint liability and you should not be paying either it or the arrears. The council would then seek to recover the money from the joint debtor who is your partner. Where there is a joint council tax liability we will usually make an allowance for it to continue to be paid but the joint debtor has a right to know. Many firms do not like proposing IVAs where a partner is unaware as it can lead to problems later on and if there is a property involved these can be serious issues.


Thank you but I'm aware of why they are trying to get the money back etc but my question is this regarding the data protection act they have essentially broken the act by telling him I have an IVA which they did not need to tell him. My IVA was very much a single application all debts in my name only done on my salary for all the council know he is my flatmate not partner and this was agreed with the IVA company. Surely the council have no right to tell him I have an IVA as it's against data protection laws? My name and financial details????
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Foggy
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by Foggy » Mon Sep 11, 2017 2:58 pm
As mentioned above the IVA -- your IVA -- is already in the public domain and is by no means a confidential issue.

I personally feel that, in the cases of no arrears and CT bubbling along nicely, it should not be included in the IVA as a debt. I know the arguements about it being actually due in full at the beginning of April and spread monthy as a concession and therefore being treated as a debt ....... but this could soon be stretched to other similar arragements: TV Licence, Insurances, road tax maybe even some utility bills where you are in a debit situation ( which often occurs over witnter and is caught up over the warmer months ) ...life is complicated enough in an IVA !
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Michael Peoples
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by Michael Peoples » Mon Sep 11, 2017 3:26 pm
As the others say the IVA itself is public record but I am no expert on data protection. However even if it was a flatmate the council would in my opinion be entitled to claim the payments from the joint debtor and the joint debtor would have to be notified of this. Then, in the event that the flatmate or partner actually repaid the debt themselves they could claim within your IVA as a creditor for half of the council tax debt.
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tanya460
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by tanya460 » Mon Sep 11, 2017 3:32 pm
I think I'm on the wrong website and need a data protection website. My IVA may be on a register but data protection is giving other people information about you which identifies you which is illegal. The debt is being paid I'm not worried about that I'm worried they've broken the data protection act 3 months after the event.

Thank you all for your responses I do appreciate them I just don't think I'm in the right place xxxx :D
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Foggy
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by Foggy » Mon Sep 11, 2017 3:35 pm
tanya460 wrote:
I think I'm on the wrong website and need a data protection website. My IVA may be on a register but data protection is giving other people information about you which identifies you which is illegal. The debt is being paid I'm not worried about that I'm worried they've broken the data protection act 3 months after the event.

Thank you all for your responses I do appreciate them I just don't think I'm in the right place xxxx :D



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