Second call today, both silent on answer. Is this legal? Can't it be stopped? I now get more and more of these nuisance calls, despite being registered with TPS. It's an invasion of privacy and hacks me off.
I started to get calls yesterday (3rd Feb) and found this site. Given the contact information provided by ‘Satisfied’ (6th Jan) on whocallsme.com I’m going to try and bother them back.
I contacted legal advice and here are some suggestions of what you might like to consider.
It seems that under the Data Protection Act there are seven main criteria a company should comply with.
1: Information is fairly and lawfully processed. 2: It is processed for limited purposes. 3: Information is not excessive and is relevant/adequate. 4: Information is accurate and up to date.. 5: Information is not kept for longer than necessary. 6: Processed in line with an individuals legal rights. 7: Secure and not transferred to countries without protection.
A good site to see rights and even to complain, is Information Commissioner’s Office.
A quick look at the site seems to confirm that any caller has a legal duty to give proper contact details.
Using the contact address of the company supplied by ‘Satisfied’ I intend to send two letters to the company.
In the first, under the Data Protection Act I will ask them what data is held on me and where it was obtained from. I then intend to ask the supplier of the information to evidence the fact it was obtained legally.
I will also send a letter asking to be removed, using a template available form the ICO.
Link for Information and Suggested Model Letter from ICO
I have been advised that any information supplied by me can be argued to have been for a specific purpose and that no longer applies in the circumstances of the calls.
I ma not sure if the company is regulated by the FSA, but if it is, there may be a case for complaining to them (contact no: 0845 6061234).
According to the legal advice, if the calls are on two or more occasions and are causing distress, then the company could be contravening the Protection From Harassment Act 1997.
There is also the potential to report the company to Trading Standards. If enough people complain they will investigate.
Sorry for so much bumph, but hope some of it might be useful in the fight against nuisances.
As an update. After many days of silent calls,I eventually answered the phone to discover a person from the company asking to speak to my wife. I asked if it was the company from Ipswich and she confirmed the fact. She also told me her name was Louise. Without being rude I told her how annoyed I was the fact I had obtained legal advice.
She was very charming and understanding. She also offered to call me back with information and contact details of the company who supplied them with my details. Within about 10 minutes she phoned me bac.
According to Louise the company with my details is called Datalocator (think it's one word) and their phone number is 01923821700. She also told me that records showed the information had been obtained prior to July 2009.
From that fact alone, looking at the criteria given to me by the solicitor I think they may well have contravened quite a few. I intend to contact the with the criteria in front of me.
Further update. The companies name is Data Locator (not one word version in previous post).
I got in touch with Data Locator and their compliance department informed me that my data was removed from their database in September 2009 and I should not be receiving any calls. They are going to contact the company to complain and get back to me later.