Privacy Notice

Walker Love is the trading name of George Walker & Co, a partnership having its principal place of business at 16 Royal Exchange Square Glasgow G1 3AB (D-U-N-S number 42-366-8698). A list of all Partners can be obtained in writing from our principal place of business. We are fully aware of the importance of managing your personal data, in accordance with current data protection legislation and industry standards. We are registered with the Information Commissioners Office (Reference Number: Z5326407).

Please refer to the following Q&A which explains how we intend to process your personal data.

Why we have been provided with your personal information?

As Sheriff Officers, we support the administration of justice by providing services to court users and other authorised stakeholders. As ethical debt collection agents, we act on behalf of creditors to recover money owed, prior to initiating formal court action. As professional investigators we may be instructed to locate your current address or assess your ability to repay a debt or potential financial obligation. In addition, we may be instructed to make enquiries regarding the occupation of either residential or commercial premises where our clients have a particular interest.  In all circumstances, we will be provided with relevant personal information about yourself. Typically, this will include your name address, details of sums due and any other relevant information pertinent to the claim against you. 

The reasons for holding your data are to ensure that we can effect service of legal documents, enforce court orders, collect sums due, or contact and communicate with you, as quickly and conveniently as possible. Typically, this may include written correspondence, a visit to your home or business, telephone contact, SMS or consented email.

What is the basis for processing your information?

We act on behalf of a number of business sectors who instruct us for a variety of different reasons. We will always process your data on lawful grounds, which may include one or more of the following: –

Legal Obligation: By virtue of current Messengers at Arms and Sheriff Officer Rules which states that decree enforcement, post decree debt collection and service of legal documents are “official functions” and as such a legal obligation.  

Public Interest: By virtue of our public office and statutory role in the administration of justice, we represent the interests of all parties involved in legal proceedings. We ensure that creditors have access to an effective and lawful process for the recovery of valid claims. We provide support and guidance to individuals, to help them understand their legal rights and options.

This balanced and regulated approach ensures that businesses can operate with confidence and citizens are protected from harsh or inappropriate treatment.  

Consent: Where you have volunteered certain special category data with us, to help us better understand your personal or financial circumstances, we will seek your consent to process this information. Please refer to the section regarding Special Category Data for more information on this subject. 

Contractual Obligation:  In many instances there will be a contractual obligation to process your data where your consent is not required. Typically, this will include the recovery of a debt due to our client, which has a statutory responsibility to pursue you, such as local government in respect of Council Tax or Non-domestic rates.  There will also be instances where you are our instructing party, and we are required to process your data for reporting, invoicing and remitting purposes. 

Legitimate Interest: In respect of debt collection or investigation activities, where we are not acting in our capacity as officers of court, we rely on the legitimate interest as grounds for processing your data.

Where our client is in the process of recovering a claim from you, they are entitled to engage us to help them recover their debt. Alternatively, we may be asked to assess the prospects recovery prior to litigation. We will be passed relevant data, including your name, address, sum due and other relevant information to allow us to help you manage a sustainable repayment arrangement. We will always deal with you in a fair and transparent way, by endeavouring to understand your personal and financial situation, especially where we learn of circumstances which indicate vulnerability.

We are required to process your information to ensure that we are contacting the correct person, able to provide you with relevant and accurate information, understand your personal financial circumstances and to negotiate and then manage a fair and sustainable repayment arrangement.

By processing your personal information, we will help you deal with your financial affairs in a fair, transparent and considered manner.

Our tracing activities may relate to locating persons who are deemed to owe a debt, witnesses, beneficiaries and parties subject to family actions. Again, our reason for processing your information is legitimate interest. 

Vital interests: When the processing is necessary to protect someone’s life.

Special Category Data: In carrying out the aforementioned activities, it is necessary for us to understand if the people we are dealing with may be regarded as vulnerable. To do so this may require us to process sensitive personal data (now referred to as Special Category Data), such as information surrounding physical or mental health. You may voluntarily provide this information; however, we will seek your consent before processing this information. This information will only be used in relation to the matter we are dealing with. It may, with your consent, be necessary for us to share this information with our client, to ensure that your case is dealt with appropriately.

Who is the Data Controller and what data do we process?

In the context of the service of legal documents, or enforcement of court orders, we are generally acting on behalf of our clients (The Data Controller) and we are acting as Data Processors. Typically, our client will be a person or organisation with a dispute or claim against yourself, their solicitor or representative. In such circumstances, the processing is restricted to the information provided by our client. Typically, this will include names and addresses of parties involved in the claim, nature of the claim and sums due, as appropriate.

With regard to activities such as investigations, enquiries in support of enforcement, debt recovery activities or assessing if a court action should be initiated, then the position can become more fluid. Such activities are likely to result in the collation of additional, relevant data, such as telephone numbers, e-mail address, employment, bank or other intelligence to assist with enforcement, determining affordability or a potential vulnerability, which may impact the way in which we administer your account or advise our client. In respect of such additional enquires, we will no longer be acting as a Data Processor and instead become a Joint Data Controller.

In respect of the service of legal documents, we are obliged by law to undertake steps to ensure that the address we have for you is accurate and current. This may involve undertaking discreet local enquires to ensure that we are delivering any legal document to the most appropriate location. This will involve processing additional information and as such, we will become a Joint Data Controller. Please be assured that your personal data will not be disclosed to unauthorised third parties during these discreet enquiries.

In respect of debt collection activity, prior to court action, we will act as Data Processor, up to the point where we are required to make an assessment as to whether or not court action should be initiated to recover our client’s debt. At this point we may ingather additional personal data, by checking insolvency records, undertake credit reference checks to confirm your residence and to better understand your financial circumstances, including credit activity and history of outstanding court decrees/judgements. By undertaking this additional information processing, then we will become a Joint Data Controller.

We may also access a variety of open-source intelligence to ingather such additional, relevant personal information, including employment information, such as: the internet, news articles, social media, and public data bases.

All incoming telephone calls and outgoing telephones calls via our Contact Centre are recorded not only for compliance and performance monitoring but also for training, development and fact verification purposes. Call recording is switched off when processing card payments via telephone. Payment card details are not recorded or retained by us.

Other than your name and address, the information processed by us will relate to the nature, value and source of any debt or other matter in which we are instructed.

Where the personal information will be shared and with whom?

We may share your personal information with our client or their instructing agent, the Scottish Courts and Tribunals Service and other relevant stakeholders, including lawyers instructed by us or yourself, or debt advice and debt management agencies engaged by you, but only when authorised to do so, or within the scope of our legal function.

In respect of the service of legal documents and enforcement, we may be required to share your information with specific third parties, such as banks or potential employers in relation to a bank or an earnings arrestment, where we believe you may have a connection. Any such third-party to whom we disclose information about you, will be obligated to communicate with us and to keep your information secure and not to use it for any purpose, other than that for which it has been disclosed.

With the exception of the necessity to serve legal documents or enforce judgments furth of the UK, Walker Love does not transfer your data outside the UK/EEA.

How long the Data will be kept?

Once a contract or relationship with a client reaches a conclusion, we acknowledge that it will not be necessary to retain data for any longer than is necessary, subject to periods determined by legislation or industry guidance. Data retention periods can vary for different business streams, which are recorded within our Asset Register.

In respect of debt recovery activities, we will retain your data for as long as we are actively managing your case file. As soon as the debt is paid in full, or we are instructed to cancel recovery action, then we will delete your personal information as soon as practically possible.

Telephone call recordings held by our Contact Centre are retained for a period of six months.

In the event that you owe a recurring debt, such as multiple years of Council Tax, Non-Domestic Rates, Business Improvement District Scheme (BIDS) and Parking Fines, then we will retain your personal information, until such time as all individual debts have been settled or otherwise extinguished.

In respect of enquiries or investigations, service of legal documents and or enforcement of court orders, we will retain your personal information for 2 years from the date we were last actively involved with the case or such other period determined by contractual obligations with our clients, or legislation or industry compliance guidance. We shall not retain data for any longer than deemed necessary.

Will the Data be used for profiling or to make any automated decisions?

We may undertake enquires and profiling activities to establish whether or not it would be appropriate to proceed with litigation or enforcement. To do this, we may use third party credit reference agencies (CRA) to obtain a better understanding of your current financial circumstances. This process will be managed by trained and experienced agents with no reliance on automated decision-making processes.

Your Rights

You have a number of rights in relation to your personal data under data protection legislation. To ensure that we are communicating with the correct person, we may ask you for information to verify your identity and enable us to find your personal data.

You are not obliged to provide us with any personal data under any statutory or contractual obligation but it is in your best interests to co-operate in order to reach a mutually agreeable solution and avoid any further costs or fees being incurred by you.  Your rights are summarised as follows: –

Accessing your personal data: To obtain a copy of your personal information (this is constituted as a Subject Access Request – SAR), please make contact by email:  DPA@walkerlove.com or write to Subject Access Request, Walker Love, 16 Royal Exchange Square Glasgow G1 3AB. There is no charge for obtaining a SAR, however, please note that we will require proof of your identity before releasing this information.

Correction of personal information: If you become aware that any of the information which we hold about you is out of date or otherwise inaccurate, then please make contact by email or post at the above address. We undertake to review and correct any such anomaly as quickly as possible.

Withdrawing your consent: Where you have provided additional personal information, you may withdraw your consent at any time by emailing or writing to us at the above address (Please use “Withdrawal of Consent” as the subject heading of your email or letter).                                  

Objecting to our use of your personal data: Should you disagree with our reason for processing your data, then you can object, by emailing or writing to us at the above address. Except for the purposes for which we are certain that we can continue to process your personal data and where our interests override yours, we will temporarily stop processing your personal data, until we have investigated the matter. If we agree that your objection is justified, then we will stop using your data. Alternatively, we will provide you with our justification as to why we need to continue to process your data. 

Marketing: We will only use data for marketing in respect of business development, where we are communicating with an established client or potential new client. We will not use your personal data for marketing purposes.

Erasing your personal data or restricting its processing: You may request that your personal data to be removed from our systems by emailing or writing to us at the above address. Please note that this right is not an absolute right. Provided we do not have any continuing legitimate reason, to continue processing or holding your personal data, we will make reasonable efforts to comply with your request. You may also request that we restrict the processing your personal data, where you believe our processing is unlawful, you contest its accuracy, you have objected to its use and our investigation is pending.

Data Portability: Given the nature and scope of the services we provide; it is unlikely that data portability rules will apply to the data we process on the grounds of Legitimate Interest. However, we will consider, on an individual basis any such request, to transfer data you have provided to us as a Data Controller. We will co-operate as much as reasonably practical. Where appropriate, this information will be provided in a commonly used and machine-readable format.

How to complain about the processing of your personal data

If you would like a copy of this privacy notice, have any questions, concerns, or complaints about the way we have processed your personal data, then please email: DPA@walkerlove.com or write to Data Protection Officer, Walker Love, 16 Royal Exchange Square Glasgow G1 3AB. We will endeavour to resolve your query or complaint as quickly and amicably as possible. If thereafter, you remain unhappy with the way we have handled your complaint or are still concerned about our handling of your personal information, then you have a right to take your complaint to the Information Commissioner’s Office at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF and www.ico.org.uk.

This Privacy notice will be reviewed on a regular basis and at least annually to ensure that it remains relevant and compliant with current data protection legislation, industry standards and good business practice. Last update June 2021.