How we use your personal information for Sundry Debts purposes
The Council provides services for local communities and the people who live in them. Undertaking this work means that we must collect and use information about the people we provide services to and keep a record of those services. Because we collect and use personal information about individuals we must make sure that they know what we intend to do with their information and who it may be shared with.
We have summarised in this privacy notice some of the key ways in which we use your personal information for Sundry Debts purposes. This information should be read in conjunction with the Council’s corporate privacy notice.
1. Who we are, what we do.
Some of the goods and services that the Council provides to you may incur a charge. For example if you rent an allotment from us or use our care services.
Where services incur a charge we have a legal duty to recover these costs from you. These are known as ‘Sundry Debts’.
The Council has a central team that is responsible for recovering these fees on behalf of other services within the Council. Further information about how the Council uses personal information to recover the costs can be found in this notice.
2. What and whose personal information we hold?
We hold information about past and present customers who have received a chargeable service by the Council.
The types of information we hold and process will typically include:
- Contact details, including name, address, telephone numbers and email address.
- Financial details such as bank account number if you pay by Direct Debit.
- Details of the service you have been provided with i.e. dates of service, location of service
- Household expenditure if you have arrears and have made special payment arrangements with the Council
- Details about your employer and earnings if you have arrears in order that the debt can be recovered directly from your salary
3. Where does the service get my information from?
The personal information we collect about you can come from a variety of different sources as listed below:
- Information provided directly by you for example when you register for a rechargeable service
- Information generated by us when we raise the invoice and recover the money
- Information from other Council Services – in order that the invoice can be raised and money recovered.
- Information provided by trusted third party organisation who we work closely with or provide service on our behalf e.g. Department of Work and Pensions, Bailiff, Courts
4. What we will do with your personal information?
We will use this personal information to administer and collect sundry debts. This may include any of the following:
- Raising the invoice
- Sending you reminders and taking recovery action in the event of non-payment
- Undertaking a means assessment if you are experiencing difficulty in paying.
- Recover any monies owed in line with our legal powers for example take you to court, refer the debt to the bailiffs for collection
- Deduct payments direct from your employer or social security benefit where we have a court order that enables us to do so.
- Deal with complaints or concerns.
- Recover money the money owed from other Council services where you are due a payment.
5. What is the legal basis for the use of this information?
Data Protection law says that we are allowed to use and share personal information only where we have a proper and lawful reason for doing so.
Our lawful basis for processing this information for the above purpose is:
- we have a legal obligation under Local Government Act 1972 and Social Security and Administration Act 1992 to process your personal information for the purposes of collecting sundry debts and housing benefit overpayments
6. Does the service share my personal information with any other organisation?
From time to time, we will share your personal information with advisers and service providers so that they can help us carry out our duties, rights and discretions in relation to sundry debts. These may include:
- Internal Council Services so that we can raise the invoice for the rechargeable service and recover the debt
Government agencies and organisations such as:
- Her Majesties Court Services – to recover unpaid debts / invoices
- The Department for Work and Pensions – to recover overpayment of housing benefits / direct deduction form social security benefits
- The Cabinet Office – for the purposes of the National Fraud Initiative
Payment processing providers:
- Banking Automated Clearing Service (BACS) – to administer direct debit instructions and payments
Trusted third party suppliers and organisations who provide services on our behalf:
- Enforcement Agents – (currently Andrew James Enforcement Ltd, Marston recovery) to enforce court orders in relation to unpaid debts
- Printing companies – (currently MPS Ltd) to print, pack and post debtor invoices and documents
- Your employer – to recover monies owed directly from your employer where there is a Court Order
7. How long will my information be kept?
We will keep your personal information for 6 years from the date your debt is paid in full for administration purposes and to deal with any questions or complaints that we may receive about this, unless the law requires us to keep it for a longer period.
8. Your information, your rights
The General Data Protection Regulation (GDPR) gives you important rights, including the right to access the personal information the services hold about you.
View further details on your information rights and how to exercise them.
9. Contact us
If you have any concerns or would like to know more about how the service using your personal information please contact us in one of the following ways:
By email : firstname.lastname@example.org
By telephone : 01443 425008
In writing : Director of Finance & Digital Services, Oldway House, Porth, CF39 9ST