CCAs post April 2007

[maybelline]

notice how this pdf describes default according to ICO, are there any statutory instruments re credit ref agencies?

default_tgn_version_v3%20%20doc.pdf

[maybelline]

http://www.opsi.gov.uk/si/si2007/em/uksiem_20072186_en.pdf

 

this might belong on a general cra thread but generally, equifax is the cra chosen for the purpose of identity checking re passports.

[car2403]

notice how this pdf describes default according to Information Commissioners Office, are there any statutory instruments re credit ref agencies?

 

Interesting, specifically the bits about;

• the date of default being correct
  
• the balance of the original default
  
• the balance outstanding on the default
  
• the fact they need a record of the agreement under which the default is registered

It's a shame that he doesn't explain the implications of not following the guidance, other than "an opinion will be passed that they haven't complied with the principles".

 

I suppose I was expecting too much from this, but it will still prove handy to many, IMHO.

[maybelline]

notice how this pdf describes default according to Information Commissioners Office, are there any statutory instruments re credit ref agencies?

 

Statutory Instrument 1998 No. 211

 

wrong one sorry ??

 

Statutory Instrument 2000 No. 290

[flash]

Hi GODMOTHER

 

I didn't understand what you meant in your response. I am not using photobucket - whatever that is - I merely scanned the document with an AGFA scanner and attached it in my reply. So I really dont understand why the image appears so small. The original scanned image is very readable and appears quite large. Any suggestions?

 

Flash

[maybelline]

Register for free at Photobucket.com

 

photobucket is a way of putting your images on here. (not that i have done so myself!)

[flash]

Here is the link to photobucket so you can see the image full size - hopefully.

 

Flash

[Edz11]

Cheers flash. Could you do us a favour and quote the full reference from the letter so that that the letter can be quoted in correspondence back to the IC.

 

Here's why;http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement-26.html (post 501)

[car2403]

Cheers flash. Could you do us a favour and quote the full reference from the letter so that that the letter can be quoted in correspondence back to the Information Commissioner.

 

Here's why;http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement-26.html (post 501)

 

That reference won't be necessary given the PDF attached to post #51, will it?

 

Accuracy of a lender’s default records

39 Records

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed. A record that a notice of an intention to file a default was sent, if not a copy of the notice itself, will help lenders to comply with this requirement.

40 Factors to be taken into account in enforcement

Any decisions on enforcement action will be taken in accordance with our Regulatory Action Strategy. When we consider enforcement action in cases where there is inconclusive evidence of whether a default did or did not occur, or the amount of a default, we must make a judgement on whether we consider that the Information Tribunal would support a view that a default record filed with an agency is incorrect or misleading. To reach a judgement we will consider, among other factors:

any evidence that exists, even if it is inconclusive;

the credibility of the data subject;

the credibility of the lender;

the reliability of the lender’s internal procedures;

the existence of other similar complaints about the lender; and

1. the use which the customer, or lender has made of other mechanisms to determine the accuracy of the record, for instance the courts or a relevant ombudsman scheme
   

 

Show the default is inaccurate and the ICO view is that its unlawful under the DPA.

 

If I'm reading that right.

 

The letter above definately covers it in more detail though, I suppose.

[humbleman]

notice how this pdf describes default according to Information Commissioners Office, are there any statutory instruments re credit ref agencies?

 

Drafted by the Credit Industry and sanctioned by ICO

 

I would like to thank all those representatives of the credit industry and credit reference agencies, and in particular representatives of the Steering Committee on Reciprocity, who have contributed to the development of this guidance.

 

Richard Thomas

Information Commissioner

[maybelline]

Here is the link to photobucket so you can see the image full size - hopefully.

 

Flash

thanks for this flash, toal opposite of what my ICO letter says, recd only very recently!!

[tifo]

[quote=flash;1359065Here is the link to photobucket so you can see the image full size - hopefully.

 

Flash

 

Thanks flash, do you have the previous or next pages to that document so we can see how it leads into that page and where it goes?

[Having_A_Knightmare]

Cheers flash. Could you do us a favour and quote the full reference from the letter so that that the letter can be quoted in correspondence back to the Information Commissioner.

 

Here's why;http://www.consumeractiongroup.co.uk/forum/general-debt/83035-guidelines-requests-original-agreement-26.html (post 501)

 

I agree with this Edz

 

HAK

[flash]

Hi. I hope that my letter helps - I'm still waiting to get a response from the ICO after correcting them regarding their misconception that the 2006 CCA is retrospective. I'll scan all the other pages of the letter including my case reference number as soon as I can get my scanner hooked up again.

[flash]

Here is the complete letter from the Information Commissioners Office:

[maybelline]

thanks flash:) thinking that other cases over ride this Modupe argument dont they?

[flash]

I'm sorry for the slight loss of sequence in the presentation of the pages.

 

I would like to say that Helen Raftery has been extremely helpful and seems like a really nice lady.

 

However, the problem when comminicating with government agencies is that the "first line" in the filter do not know very much. In order to get anywhere you have to know as much, or more than they do about the law.

Ms Raftery, is at the mercy of the so-called legal team that advise her - look at the mis-interpretation of retrospective legislation with regard to the 2006 CCA by the ICO.

 

In all cases of dealing with government agencies e.g. ICO, OFT, FOS,Justice Dept, etc.- I have got nowhere without having a good knowledge of the appropriate legislation/law. To a great extent that knowledge has been provided by the CAG.

 

We really have to get these agencies to become more "public" friendly.

[flash]

Hi. yes the R v Modupe case relates to an agreement which is only enforceable by order of the court. Any agreement which falls under S 127 (3) is irrevocably unenforceable.

[pt2537]

Hi. yes the R v Modupe case relates to an agreement which is only enforceable by order of the court. Any agreement which falls under S 127 (3) is irrevocably unenforceable.

or a cancelable agreement which falls within 127(4) would be the same

 

totally unenforceable

[flash]

Fair point, PT2537. You know a lot more than I do - thankfully.

[tifo]

thanks for that flash.

[Edz11]

Cheers flash. Everyone can be pointed to the right place now!

[Having_A_Knightmare]

Hi

 

Dores anybody know how to get flashes letter in PDF formatt

 

HAK

[pt2537]

yeah i most certainly do,

[Having_A_Knightmare]

Paul

 

Can you post it please.

 

Cheers

 

HAK