13 May 2016

A question about : Data Protection Rights: Can they use my previous address?

I've become aware that a company had taken a CCJ in my absence at my previous address from where I had moved before the dispute occurred and had no knowledge of it and didn't tell them my new address.

Also, I'm disputing the issue. It relates to a distance learning course which I signed up for but cancelled before it started but the company says I didn't follow the right fine print cancellation method. However, I never received any education from them or any materials because I had moved.

Since then, due to address changing and postal costs, I have instructed to that company to only contact me via email and phone and clearly told them in writing to not to write to me at all - specially at my previous address as I am not there any more. I have refused to tell them my new address as well because I don't want them to use the postal address confusion to sneakily do something to me again.

However, they keep writing to my previous address, with account statements containing Data Protection Act sensitive information, for an excuse that since I haven't updated my new one with them they can use my old address - even though I have told them clearly that I don't live at my previous address at all.

Are they in breach of my rights according to the Data Protection Act?

Best answers:

  • Stop being stupid, where are they supposed to send the papers to if you wont update your details.
  • Have you made any arrangements to pay your debt?
  • This isn't what you want to hear - but they're not breaking any rules. In some circumstances they'd even be required to write to you at your last known address.
    For example, if they wanted to sue you they'd have to serve papers on you. That usually means that they have to physically send papers to you (though they are exceptions to that). But they can't actually send papers to you, because they don't know where you are.
    If you take a look at the Civil Procedure Rules, there's a table at 6.9 about how to serve a claim form when the defendant won't give an address. In that case, the papers need to be sent to the person's "usual or last known address".
  • You can ask the county court to have the judgment set aside - have you done that yet?
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