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QLD Privacy Breach by Citibank?

Discussion in 'Debt and Bankruptcy Law Forum' started by buckweet, 23 February 2015.

  1. buckweet

    buckweet Active Member

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    Greetings. I have sold my unit. I have outstanding credit card debt with Citibank. They gave me a lite mortorium, which has expired & they have been trying to contact me, which i had not been answering any calls due to illness.

    I finally contacted them and learned they knew of the sale of my property and the settlement date. Which anyone can Google a property and see that it is sold and real estate agent, but I assume details of settlement date are confidential.
    My real estate agent mentioned Citibank called him asking him.to tell me to contact them.

    After learning Citibank knew details of the Settlement date and suspecting a breach of privacy to some degree, I phoned real estate agent and asked him the contents of the conversation. He said Citibank asked if the property had settled and he said no. He did not admit to giving details of Settlement date. I have yet to question Citibank as to how they obtained information on settlement date, but after questioning my mortgage company and conveyancing solicitor, the real estate agent is the likely suspect. As I have not given either party permission to discuss those details, I assume some sort of privacy law has been breached. Please advise actual facts and implications.

    If Citibank has breached my privacy, then is my contract with them breached, if so in what way, thanks. They, previously to the lite moratorium, suggested a complete debt waiver, I filled out their forms, they informed me they needed more info but rejected the application without allowing me to provide the info they requested or providing a reason for the rejection. I do intend to file a complaint with the appropriate ombudsman and want to have my facts straight with this additional issue.

    Also please, if there is a breach of privacy, what recourse to I have with the real estate agent, thank you. If you could also kindly direct me to the name or these relevant laws and where to assess them, kindly appreciated.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Buckweet,

    If there has been any breach of privacy, it will be the person who gave out the information. Not the person who received it. Therefore, unless Citibank gave out "Personal Information" (as defined by Privacy Legislation) then no they have not breached privacy provisions. Even if they were in breach of privacy legislation this would not absolve you from liability for your debts to them.
     
  3. buckweet

    buckweet Active Member

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  4. buckweet

    buckweet Active Member

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    I have written to Citibank to confirm how they obtained the private information ( date of settlement of sale of my unit ) which I suspect was my real estate agent, the one who gave Citibank the information. What recourse do I have with the real estate agent who has breached my privacy, thank you kindly.
     
  5. buckweet

    buckweet Active Member

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    Hi *
    I have sold my unit and awaiting settlement. Citibank contacted my real estate agent, as they were unable to contact me concerning my credit card debt. Real estate agent divulged details of contract being date of settlement. Agent told me Citibank asked if my unit settled and he said no. When I spoke with Citibank, they said they knew when settlement was exactly. I have inquired about this previously and it was advised the person giving the information has breached my privacy. What recourse do I have with agent as a result , thanks.
     
  6. hlly

    hlly Well-Known Member

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    Who is the agent and what was his/her turnover (whether a company or an individual) in the previous financial year?
     
  7. buckweet

    buckweet Active Member

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    He is the #1 selling agent in Australia at Raine & Horne * not sure his financial turnover - how could I find out.
     
  8. buckweet

    buckweet Active Member

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    * I did enquire somewhere and they said there is a regulating body for companies that make over 3 million, maybe that's why you are asking this :)
     
  9. Ponala

    Ponala Well-Known Member

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    From my understanding they would not be in breach of the privacy laws as they have not disclosed personal information. There are other parties involved in the settlement (bank, vendor, real estate agent etc.) and the information on a settlement date would not be 'private' information anyhows.
     
  10. buckweet

    buckweet Active Member

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