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DaveMurphy

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Everything posted by DaveMurphy

  1. Actually, has it even been determined that what Google were doing was illegal? The press coverage has been rather sensationalist and implies that Google were deliberately collecting sensitive data from wifi networks when actually said data was being leaked from unencrypted transmissions. If your router was previously unprotected then Google having your data is the least of your worries.
  2. Everything I can find on the subject says that the Data Protection Act requires explicit and informed consent for information sharing. I asked the Information Commissioner's Office for some clarification on this but I'm still waiting on a reply. There's a good explanation of the DPA at Data Protection In my opinion British Gas are in violation of :- The first principle - personal data must be processed fairly and legally. Very few customers have been made explicitly aware of the use of their data for CAIS. The second principle - personal data must only be processed for limited purposes and in an appropriate way. Again, explicit and informed consent is required for this to be true. The third principle - personal data must be relevant and not excessive for the purpose. They are collecting and storing telephone numbers and email addresses which are quite obviously not a requirement to manage an energy account. The fourth principle - personal data must be accurate and up to date. Given that credit reference agencies report monthly and British Gas bill quarterly I fail to see how they can adhere to this one. The sixth principle - personal data must be processed in accordance with the rights of the individual. Again this comes back to explicit and informed consent as well as the implication that such consent may not be withheld. EU Law does not recognise implied consent, it *must* be explicit and informed. This was stated quite strongly in relation to ISPs sharing data with Phorm last year - http://nodpi.org/2009/05/28/meeting-at-the-eu-commission-in-brussels-27th-may-2009/ Unfortunately I'm not a lawyer so my opinion may not hold much weight but, having said that, I'm confident that we have good grounds for a major complaint. See Complaints about data protection policy - ICO
  3. Which begs the question of why they were informing some customers in the change to their relationship with credit reference agencies last september. http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/222306-changes-british-gas-credit.html
  4. It does in 10.2 © but, no matter, they still need to inform you of a change like that in writing. There's another post at http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/232235-dca-reporting-cra-where.html#post2573960 which mentions default notices being placed on credit files by DCAs acting for BG. Best thing to do is probably take Nottslad's advice & issue a Subject Access Request. There's a template for that at http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request I'm considering a CCA request too. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter S10 notice may be in order as well. http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980 These seem mostly designed for banks and/or credit companies, could someone maybe take a look & see what should be done for a utility company?
  5. Pelham, British Gas have their terms & conditions online @ Terms and Conditions - British Gas which they could have pointed you to. I'd assume they're required to supply the information in writing on request too. Royboy, looks like you missed an attachment? Getting back to the subject of CRAs. What_Todo, I certainly wasn't informed of CRA reporting when I first signed up with British Gas. My details were taken to do a credit check in relation to a security deposit. No data was reported by BG on my accounts until *after* I was sent a final bill ( I moved house & changed suppliers ) Given the information I found on sharing of non-consensual data it would appear that sharing information from customers who opened accounts prior to the introduction of T&Cs stating that information would be shared is a breach of the Data Protection Act. Nottslad has suggested a super complaint which I guess can be handled by the CAB - I think that's probably a good idea. There seem to be quite a lot of people on here who have suddenly discovered entries on their credit file in recent months. There's quite obviously a serious conflict of interest here. I appreciate that lenders will get a better picture of risk with more information at their disposal but suddenly reporting late payments out of the blue can seriously damage people with current credit commitments. One person had their credit score drop by 400 points thanks to BG. See http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/226776-6-late-payments-british.html#post2520259 . This kind of thing runs the risk of people's interest rates jumping and credit limits dropping with severe consequences if the updates end up pushing their repayments past their ability to cope. Another poster suddenly had a mortgage application rejected thanks to British Gas - http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/174696-halifax-credit-check.html#post1896538 This post - http://www.consumeractiongroup.co.uk/forum/credit-reference-agencies/226776-6-late-payments-british.html#post2520259 contains a copy of the terms & conditions from October and no mention is made of reporting to CRAs. This sort of thing may well be worth reporting to Watchdog too. Is there something we can do as a group that might help put some pressure on?
  6. They may still be able to block your changeover request so don't count your chickens just yet. Personally I'd wait and see if it goes through before poking anyone about the arrears ( I've suffered from BG appalling customer service too ). As for the reporting to credit reference agencies, after some research on the subject I'm pretty sure they're doing that illegally. See http://www.consumeractiongroup.co.uk/forum/utilities-gas-electricity-water/235128-british-gas-cras.html
  7. As far as I can tell if, and only if, the British Gas Terms & Conditions contained the information on sharing data with credit reference agencies then it would appear that they can do so, assuming that you were sent a copy of said T&C. However, if your account was opened before this change then their actions are a clear breach of the Data Protection Act. I found some information on a consultation about non-consensual data sharing which is summarised at PLC - Sharing non-consensual credit data: further work to be carried out following consultation responses I can't find any more information on the working group so I can only assume they haven't yet reported their findings. I shall be requesting British Gas to remove my entries from my credit file on the basis that no provision was made for me to give permission to share my data.
  8. The search is working again today, details for British Gas are as follows :- Application / Licence Details Licence Number:0411962 Licence Status:Current Current Applicant / Licensee: Business Name Company Registration Number British Gas Services Limited 3141243 Categories: Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting Right To Canvass Off Trade Premises:Yes Trading Name(s) (Current): British Gas British Gas Service British Gas Services British Gas Trading Celsia Dyno-Rod Dyno-Secure Issued Date: 13-Jun-1996 Expiry Date: 14-Sep-2011 Some other information from Debt Factsheets - Credit Reference Agencies Another interesting article at Data Protection Act and Online Businesses - Information Technology Law Articles and News - Lawdit Reading Room Unfortunately people who have opened an account with British Gas online may have agreed to this use of their data without realising. I'm not particularly sure how the law stands on the subject of explicit consent regarding online forms. In my case British Gas certainly did not inform me that my data would be used to report to CRAs nor ask for permission for that use. More disturbingly they placed information on my credit record *after* a final bill was issued following a move to a new house and a different supplier. I'm in the process of composing a letter to the British Gas Data Controller British Gas Data controller address from Information Commissioners - Data Protection Register - Entry Details The Data Controller British Gas Trading Limited MILLSTREAM MAIDENHEAD ROAD WINDSOR BERKSHIRE SL4 5GD I'll post the letter later when I've done a bit more research. Personally I believe British Gas are in breach of the Data Protection Act.
  9. It probably means they don't have a clue what you're asking for. The OFT have a public register of Consumer Credit License holders at Public Register . I just tried to search it but it seems to be broken at present. I'll ring the number tomorrow and see what they say. Does anyone know what the regulations are concerning how and why a company can place information on your credit record. What I can find so far implies that they require your explicit permission in order to do this.
  10. Darn, missed the deadline on this. What happens when you don't make 500 signatures?
  11. Interestingly I have British Gas showing on my CreditExpert report but not on another credit report obtained through a similar service provided with my credit card. Both reports are provided by Experian so I have no idea why they're different - being honest I'm scared to ask :-? Something I'd also like to know is if an account can be marked retrospectively, for instance after you move house & supplier and have not yet paid a final bill.
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