The data protection act...what clown invented it ?
Posted by: mista h on 18 March 2014
Anybody want to give their views !!
The old man is almost 90,has had 2 strokes and is now in an EMI(not music) care home. I go round every 2 weeks to deal with his mail,and will soon put his home up for sale.
Letter from EDF energy saying they are coming round in 2 weeks to inspect/replace his meter. Me being Captain sensible phones EDF to tell them not to bother as nobody will be in. Guy in `customer services` says he wont discuss matters with me as i am not the account holder. To cut a long phone conversation short,they wont listen to me,or act on what i have told them,and
are STILL going to send someone round to check his meter.
There is a time for date protection and a time for common sense. To me these people are just being stupid.
Mista H
But what has this got to do with the data protection act?
Nothing so far as I can see.
I suggest you respond in writing, via recorded delivery, to explain that the premises will be unoccupied and why because I believe the privatised power utlities can force entry under certain circumstamces.
This is absolutely nothing to do with the DPA. It is about mental capacity and the right to exercise your own free will.
To be perverse. Imagine your Dad phoning EDF and asking them to cut off your power. I do not think you'd expect them to do this.
He has the same rights as you do. He can no more interfere with your finances then you can with his. EDF are right.
If he retains mental capacity I strongly suggest you get an Enduring Power Of Attorney enacted for his financial affairs, this will simplify everything. If he does not have the ability to understand and sign such a document I am afraid you have a whole load of hassle ahead. You might find a letter from his psychiatrist will be accepted by his provider if it details his situation but it can be complex.
Sorry he is not so well. Not easy to deal with.
Regards Bruce
But what has this got to do with the data protection act?
As i am not the acount holder for my old mans flat they have refused point blank to discuss the matter with me saying its because of data protection. I have told them not to bother going round to his home as its empty,but because of the D/P act they are still going round to visit an empty house regardless of the fact i have told them its empty.
Mista h
But what has this got to do with the data protection act?
As i am not the acount holder for my old mans flat they have refused point blank to discuss the matter with me saying its because of data protection. I have told them not to bother going round to his home as its empty,but because of the D/P act they are still going round to visit an empty house regardless of the fact i have told them its empty.
Mista h
That was what I was expecting. It sounds like bad training (claiming it's because of data protection) and lack of discretion.
When I abandoned the UK my wife had a mobile phone from Orange. The contract was cancelled but there was an outstanding amount. She then duly broke her wrist and had to spend a few days in hospital. I phoned Orange asking to pay the outstanding amount and they told me that I couldn't because of data protection (this is correct). I explained that my wife was in hospital and it would be some time before she could contact them. They thanked me for notifying them and said they would make a note on the account. (although we never heard anything from them ever again).
This is absolutely nothing to do with the DPA. It is about mental capacity and the right to exercise your own free will.
To be perverse. Imagine your Dad phoning EDF and asking them to cut off your power. I do not think you'd expect them to do this.
He has the same rights as you do. He can no more interfere with your finances then you can with his. EDF are right.
If he retains mental capacity I strongly suggest you get an Enduring Power Of Attorney enacted for his financial affairs, this will simplify everything. If he does not have the ability to understand and sign such a document I am afraid you have a whole load of hassle ahead. You might find a letter from his psychiatrist will be accepted by his provider if it details his situation but it can be complex.
Sorry he is not so well. Not easy to deal with.
Regards Bruce
Am about to start getting POA Bruce but i think it will take months,as the paperwork is as thick as a phone book. went to see him at the home today to try and discuss things. today was not a good day,as he told me he would discuss it with mum when she came to visit him.......mum died over 10 years ago.
mista h
If they didn't have these rules in place what's to stop me phoning up and changing your dad's account to something else or getting some work done? These rules are there for a reason.
If they didn't have these rules in place what's to stop me phoning up and changing your dad's account to something else or getting some work done? These rules are there for a reason.
Yep i could understand it if someone phoned say a bank and tried to drain a punters account,but we aint talking money here,its just a visit to check a lecky meter.I`ve told them not to waste their time. It would be nice if in some cases common sense would prevail. Oh well let them find out the hard way.
Mista H
PoA should absolutely not take ages with a competent Solicitor for advice. It could be arranged in days if you needed to do it fast. The key is that at the time of signing he must understand and agree to the concept. It does not matter if he cannot recall it later.
If a Solicitor is unsure they can ask a doctor to decide if he has Capacity.
The there are two varieties; the usual one is only about money. You can also get PoA for health decisions but is is rarely used. In the absence of Capacity decisions are taken in his best interests as judged by the doctors but to do this they must take into account any previouly expressed wishes as well as the views of family etc.
Bruce