'C.R.A.'s Archiving Our Data Over 6 Years Old'

[renegotiation]

This thread has emerged out of Sosumi's 'C.A.G. S.A.R. Club' thread and would likely have never started without it. Sosumi's thread got so big and branched off in so many directions it probably got a little confusing for any new viewer that wanted to trace back issues with clarity. So, appreciation to sosumi for this thread. It was in the said thread that I asked the following question:

 

Can a CRA legally hold (even if not visible on your file) information on you over 6 years old if you are determined to not let it do so? I mean going to court if it comes to it basically.

Edited November 22, 2008 by renegotiation
New thread created out of much longer and older thread.

[renegotiation]

Bumpity bump.

[renegotiation]

I can't see why you'd be worried about information that isn't visible

 

Thanks for the reply. I'm dealing with the incorrect visible stuff at the moment as it goes. That's hard enough! :lol: I just don't trust them one bit with my old debts and believe things may well get worse in the future. Your answer hints, I hope, that from a legal perspective I could force them to remove any data they held on me over 6 years old. Is that right then?

[renegotiation]

Surely an S.A.R - (Subject Access Request) should show whatever they hold on you, however old.

 

Yes, I was going to send off some SAR's.

 

Data can only be held for a purpose, once there is no purpose it has to be destroyed, whether visible or not.

 

In theory! They tend to think they are a law unto themselves though.

[renegotiation]

You jest, I did an Access request to a High street bank a year ago and got things which mysteriously vanished the second time around, especially the important bits. Lucky I kept the 1st one.

 

Like a proper tombola!

[renegotiation]

Thanks for the replies Newborn. I'm just talking about my unpaid debts. They were all left unpaid around 6 years ago and longer. The defaults went on at varying stages after that. I want to know if they have a 'right' to keep this data on file for longer than 6 years or not. If they don't have this right, and my SAR's show that they do have information on me older than 6 years, I am going to force them to remove it in court. Let's face it, it will probably have to be done in court knowing their arrogance. I think i've done my time so to speak. I do have a case right?

[renegotiation]

My concern is they would find some 'dubiously legal' way of making this adverse data hinder me in the future. The question is if noone uses it then why do they keep it? I will see what the SAR's show up. Thanks again.

[renegotiation]

We need to ask for a huge settlement that they will never pay to ensure it gets to court...

Edited November 22, 2008 by renegotiation
Content Of Post Changed To Link Up Thread Better.

[renegotiation]

I have written strong letters to all the CRA's asking them for definite confirmation of their policies on data over 6 years old. I await their replies with interest. No replies as of yet.

 

I had a bit of an argument the other day with an Equifax manager as it goes. I was letting off steam about them turning up on my S.A.R - (Subject Access Request) from Barclaycard. He told me it was moral that creditors should know where their debtors were. I told him I agreed that it was moral for creditors to know the location of their debtors, BUT (a) it wasn't their job to do that, especially in the clandestine manner in which it was done!!! and (b) even if it was their job to do that, WHICH IT WASN'T, they certainly had no business passing on telephone numbers of debtors to disgusting DCA's that harassed folk in their own homes at all hours of the day!!! He seemed to shut up after hearing my comments and didn't know what to say!

 

Experian are the first to reply and here is their response. Yep, I was right! Here it is:

 

 

My experience of CRA's so far is:

 

Experian - 2 telephone calls. Lied to completely in both telephone calls! Good work Experian!

 

Equifax - 2 telephone calls. Lied to completely in one call. Moralised and lied to in the other! Good work Equifax!

 

Callcredit - They don't seem to be contactable by phone apparently! Otherwise, I think I know what I would be hearing. Anyhow, I complained about 2 incorrect default dates from one company. They were down as 18 months later than the identical defaults on my Experian and Equifax credit reports. They wrote and said the ***2*** dates had been amended. I wrote back and requested another credit report. Lo and behold, only 1 of the dates had been amended! Good work Callcredit!

 

That's nothing but lies and incompetence. I await the replies from Equifax and Callcredit on default data over 6 years old with interest. My question is if it isn't any use to anyone why do they keep it? They don't have grounds to keep it do they? I thought they were supposed to keep data for 'only as long as it was necessary'!

Edited November 22, 2008 by renegotiation

[renegotiation]

I will make the ICO my first port of call and see what they say. Then, I need to draft a good letter for my CRA SAR's. I'll just wait and see what Equifax and Callcredit have to say. I'm thinking I should have no legal difficulty forcing them to remove my data that no longer need. I just don't trust them!

[renegotiation]

I received a wholly inadequate reply from Equifax a few days back and absolutely no response from Callcredit whatsover. My original letter template was completely unambiguous so the feeble reply from Equifax and lack of reply from callcredit are likely to be answers in themselves. Hmmm. I wonder what that answer could be? :) I have sent a copy of my original letter to Callcredit (registered mail this time) demanding a response and another unambiguous letter to Equifax asking for a fuller answer! Just for the record, I have pasted Equifax's lacklustre response below. They have basically just stated what most of the nation knows and ignored my question.

 

 

 

[renegotiation]

Jeez they make you mad!

 

Yes, but they certainly picked the wrong person if they think i'm just going to skulk off.

 

sue the companies giving them the information, I say. (I have!)

 

I plan to do all I can. I got a lot of things on my plate at the moment! One thing at a time for me. Still got to start my CCJ set aside as well. :)

[renegotiation]

I just got back from a small holiday. Hi everyone. A quick update on my enquiries on whether the CRA's archive data over 6 years old on settled and defaulted accounts. Equifax never replied to my follow up letter with big red letters in certain places. I had to prevent any mock ignorance from their next response. Their silence is a full admission for me. Callcredit never replied to my first letter at all. They will get my kiddy letter sent off today. The ICO told me they wanted to see my letter from Experian and what I got back from Equifax and Callcredit. I will give it 2 weeks and then send off everything I have. In the meanwhile I am going to start harassing Equifax on the telephone. I am going to insist on speaking to a manager and ask why I haven't been given an answer to my query. Unfortunately, I don't have a number for Callcredit. I do have an email address for a manager though and he will be getting the same treatment. I am then going to write to my MP asking him why we need 3 of these companies. In my eyes we certainly don't. It feels like I am fighting on a zillion fronts at the moment, but will persevere. Plod, plod. :)

[renegotiation]

Did anyone follow up on the issue of C.R.A.'s archiving our data after it is removed from credit reports? I eventually got a response from Callcredit, after much pestering, that they did indeed archive our data. They refused to say for how long though. Equifax flatly denied that they archive data. Again, they had to be pestered quite a bit. What makes me dubious is that when I pushed for a letter from them signed by a manager 'relevant' to the said issue they started waffling! I suspect that they do indeed retain this information. As I made clear in a previous post, Experian have already admitted that they do indeed archive our data. As with Callcredit, they wouldn't state for how long. Probably indefinitely in my opinion. I believe that the issue of archiving needs to be regulated. There needs to be a set period where our data is still on their systems after it has been removed from our credit reports. They shouldn't be allowed to keep our data indefinitely. For me, this period should be 2 years at the absolute maximum. I am now ready to present my case to the I.C.O.. I just wanted to be sure that no one else had taken the bull by the horns and pressed on with this issue.

[renegotiation]

I will wait until Monday and if I hear nothing will compose my complaint and send it off to the I.C.O.. I will post it up on this thread.

 

Just for the record, this is the response from Callcredit:

 

Dear Mr,

Thank you for your e-mail; I am sorry that you did not find my response adequate. I confirm once six years have elapsed on settled and defaulted accounts, the credit account records are removed from all credit referencing databases. However, I further confirm these records are not immediately erased from archives, research datasets, or disaster recovery facilities. I trust this clarifies matters.

Yours sincerely,

 

It would have been nice to get this response without sending multiple letters and emails though. All my correspondence was completely clear from the off. They seemed to continually think I was concerned about the future of my own ruined credit report and not just a concerned citizen. All they kept on saying was 'it won't be visible on your report', 'it won't be visible on your report'. Well I knew that and the best way to keep it like that is to permanently erase the data after a set period of time.

Edited November 19, 2008 by renegotiation