Debt enforcement website - Terms of use  

Debt enforcement by account holders using this website should be carried out under the guidance of the principles and terms of use relating to this website, as set out below and with regard to laws applicable within the UK.  

The below terms and conditions contain information affecting your rights when using this website and you have agreed to conform to these terms and conditions, by your use of this website.

Data is shared to assist in responsible lending, debt recovery, debt tracing and to reduce bad debt.                 Data may only be used for this purpose.                                                                                                                                     Use of data for any other purpose is likely to constitute a breach of the Data Protection Act 1998 and/or the Justice of Administration Act 1970 (Section 40).

Any individual posting a debt page, on behalf of an organisation, is deemed to have read and understood the terms of use and implicitly accepts responsibility for adherance to the terms on behalf of the Data Controller of that organisation, and of the organisation itself.


DATA PROTECTION ACT 1998


Information contained within this website may not be used for the purposes of direct marketing - this would be a breach of the Data Protection Act 1998.

The information on the data subject (debtor), provided by or with the authority of the Data Controller of  an account holder , is provided on the basis of notice having been given of the intended use of such information for specific purposes associated with this website and that any damage or distress (substantive or otherwise) is not or would not be considered unwarranted.  

Under section 55(2)(b)(c) & (d) are the key sections applicable to this website.

55 Unlawful obtaining etc. of personal data

(1) A person must not knowingly or recklessly, without the consent of the data controller—

(a) obtain or disclose personal data or the information contained in personal data, or

(b) procure the disclosure to another person of the information contained in personal data.

(2) Subsection (1) does not apply to a person who shows—

(b) that he acted in the reasonable belief that he had in law the right to obtain or disclose the data or information or, as the case may be, to procure the disclosure of the information to the other person,

(c) that he acted in the reasonable belief that he would have had the consent of the data controller if the data controller had known of the obtaining, disclosing or procuring and the circumstances of it, or

(d) that in the particular circumstances the obtaining, disclosing or procuring was justified as being in the public interest.


TOURNIER PRINCIPLES & FAIR PROCESSING NOTICES

The common law of confidence, of which banking confidentiality is a sub category, provides the legal basis for the sharing of financial data.

The common law holds that a lender has an implied contractual duty to keep a consumer's affairs private, but that duty is qualified under the Tournier principles. (Tournier v National Provincial and Union Bank of England [1924] 1 KB 461, CA).

Two of those principles apply to this website ; where it is considered in the public interest to disclose ( to minimise the risk of defaulting debtors incurring additional debts with unsuspecting potential creditors) and where the disclosure is made with the express and implied consent of the consumer.

It is recommended that account holders amend the 'fair processing notice' included in their contracts, to ensure future customers are made aware what may happen to their personal information, in the event of default and to gain the express and implied consent of the customer.
 It is also recommended that account holders consider referring to this website and its' potential usage in letters to customers seeking a rectification of any payment default.
Account holders may also wish to consider including references to this website on their website and/or within the pages of a company report for a limited company. 

An account holder's debtors will all have opened accounts before AMENDED “fair processing notices” are routinely included in credit agreements.
With such non-consensual accounts , it is only permissible to share data on accounts in default (3 months or more in arrears) where the contract is seen to have broken down, subject to the provisions below; 

• the consumer must be clearly advised that the account is not being operated in accordance with the agreements and given time to rectify the situation before action is taken (typically 28 days - this website requires a debt to have been in default for three months);
• the individual must also be advised that if the situation is not rectified, details of the account will be  shared with others;
• prior to this, all consumers whose data is not currently shared should be advised that sharing of information will occur where accounts are in default, and the procedure that will be followed should this occur.

ACCOUNT HOLDERS 

All account holders will be listed on this website, to readily provide debtors with a means of identification. The listing will include a text link to each account holder's website.

Account holders are responsible for ensuring the user name and password, enabling access to the debtor pages of this website are restricted to users authorised by the Data Controller of the account holder. 

Any person granted access to this website under such terms are reminded that authorised access to this website is automatically terminated, on termination of their employment with that account holder and unauthorised access to this website may be considered as a serious breach of the Data Protection Act 1998 .  

EXPRESS PERMISSION FOR USE OF COPYRIGHTED MATERIAL BY ACCOUNT HOLDERS

1. Use of any of the 'poorpayer' graphics and logos on their website and the addition of a link to any of the pages of this website from the front page of their website or any other appropriate page. A poorpayer logo  of 160 x 80 pixels appears below :

 

2. Use of any of the 'poorpayer' graphics or logos on their company stationary, within pages of a company report of a limited company, and when referring to this website in communications with their customers.


DEBT PAGE POSTING

Legal action to reclaim debt should be the last resort.  

A debt page may be posted PRIOR TO commencing court action or IN CONJUNCTION with commencing court action.

Account holders must post a debt page containing an early settlement figure AND an alternative settlement agreement (payable over a period of time) either of which, if satisfied by the debtor, will result in the debt being satisfied in full.
Account holders should consider a debtors ability to pay, when determining the early settlement figure and alternative settlement agreement, and do so in the knowledge that settlement figures of a lesser amount than the total debt, will result in the balance having to be written off.

THE TOTALITY OF ANY UNDISPUTED DEBT, APPEARING ON A DEBT PAGE ON THIS WEBSITE, IS CONSIDERED AS SATISFIED, IN FULL, SHOULD AN EARLY SETTLEMENT FIGURE OR ALTERNATIVE SETTLEMENT AGREEMENT BE CONCLUDED  ON RECEIPT OF THE APPROPREIATE SUM(S) FROM THE DEBTOR (OR FROM ANOTHER SOURCE ON BEHALF OF THE DEBTOR).

Account holders should refer to this website in warning letters prior to the issuance of a default notice.
A minimum of 21 days notice should be given advising that such action may be taken.
To ensure the probity, credibility and efficasy of this website is maintained to the highest possible standard and to enable a creditor to commence court action in conjunction with a posting on this website or at a later date,  the information  on a debt page complies with the strict criteria applying to the issuance of a default notice to a creditor. 

A creditor must issue a default notice if payments are in arrears, before commencing legal action, giving a minimum of seven days to comply with the action. This notice should be provided in writing, unless a debtor has previously agreed to rely on electronic communications.  

The default notice should state the information detailed below - this forms the basis of a 'debt' page :

  • Name and address of creditor issuing default notice and name and address of the debtor.
  • Type of agreement and details of the breach of the agreement.
  • An early settlement figure (for fixed sum only).
  • Action to be taken by debtor to remedy the situation and comply with the agreement.
  • Action proposed by the creditor, should the debtor fail to comply with the agreement.
All information contained on debt pages is published in good faith and is considered to be correct, according to the suppliers of such information. No responsibility is taken for it, if this is not the case.
Account holders are ultimately responsible for accuracy of this information and no liability is accepted for errors or omissions.

The right to refuse to publish a specific debt page is reserved.

The right to refuse to open an account for a consumer credit licence holder is reserved.

The right to close an account of a consumer credit licence holder is reserved.  
 
The right to remove published debt pages is reserved.

Debt pages will be removed from this website after a period of six years.


THIRD PARTY WEBSITES

Third party websites (including text links to third party websites) contained within this website are not covered by these terms of use and no responsibility is accepted for them – please refer to the policies of the third parties responsible for each linked website.

COPYRIGHT

This website and content (including pages, content, logos, graphics, photos documents unless owned by a third party) appearing on the world wide web is the copyright of Wynne Lloyd Jones - ©WynneLloydJones2006-7. All rights reserved.

Unless otherwise specified or owned by a third party, the copyright and all other intellectual property rights in this website belong to Wynne Lloyd Jones - ©WynneLloydJones2006-7 under the Copyright, Designs and Patents Act 1988, including any subsequent amendments and the Berne Convention 1886, including the current version of the convention (the Paris Act of 1971) and any subsequent amendments.

You may not, except with our express permission, distribute or commercially exploit the content contained within. Nor may you transmit or store it in any other website or other form of electronic retrieval system.

Any redistribution or reproduction of this website, of part or all of its contents is prohibited apart from the following;

You may print or download extracts to a local hard disk for personal and non-commercial use only.

You may copy to individual third parties for their personal use, but only if you acknowledge this website as the source of the material.

Debt enforcement website - Terms of use