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Posted: Tue Jul 01, 2014 11:37 pm
by nelly74
I have been in my IVA for six months now, one of my creditors is a private individual. Said individual and his father have for the last year leaked all of my personal and financial information to numerous other people including friends and it will leak into my work environment. They fail to communicate with me but instead talk to my parents and are threatening me through them, threatening my job etc. I am struggling to find the money to see a solicitor. Is the creditor bound by the Data Protection Act in the same way that an institution is?

Obviously I'm distraught that I wasn't able to pay these debts but at least via an IVA I am able to pay at least something!

Any advise greatly appreciated.

Posted: Wed Jul 02, 2014 12:01 am
by MelanieGiles
Hi nelly and welcome to the forum

A private creditor is not bound under DPA laws, however they lead themselves open to a defamation charge if they are maliciously talking about your circumstances in a derogatory manner.

Posted: Wed Jul 02, 2014 12:06 am
by nelly74
Thanks Melanie, what they are saying is true I do owe money and I am in an IVA. So by that I take it there is very little I can do to silence them? Thanks.

Posted: Wed Jul 02, 2014 12:07 am
by MelanieGiles
Unfortunately I would say that probably is the case. Why do you feel they are doing this to you, and what do they have to gain?

Posted: Wed Jul 02, 2014 12:09 am
by nelly74
Public humiliation is all the have to gain.

Posted: Wed Jul 02, 2014 12:11 am
by MelanieGiles
That seems a great shame - but I anticipate that their actions will die down in time. Why do you feel that your job would be at risk were your employers to find out about the IVA?

Posted: Wed Jul 02, 2014 12:15 am
by nelly74
Employer aware but publicity would be detrimental and jeopardise employment due to nature of industry. Anything negative would affect ability to do my job!