Human Rights Act

[deemacperth]

Actually Dave just had an idea whizz past me on how you could argue this.

 

The ICO has a positive obligation to ensure that your Human Rights aren't being breached in handling of your personal data.

 

 

Now if you have a County Court judgement for £28 placed on your file and get refused credit for mortgages, bank loans, etc due to this, then you may be able to claim that the penalty is not proportionate to the crime and breaches your rights under Article 6.

 

 

You can then express this to the ICO and when you get the standard refusal, they are not only in breach of their positive obligation to you, but also breaching Article 6 themselves in not giving you a fair hearing (you can only appeal to them about their decisions)

 

 

It's also worth thinking about Article 14 here (Discrimination) you can only claim Article 14 in conjunction with another Article, but now with the ICO in breach of Article 6, you could complain that you are being discriminated against for something that happened 2 years ago. We could start a new group up; we are the 'Uncreditworthy'. How many people feel they have been stigmatised by being referred to as this?

 

 

This would take quite a while in arguing though. You would need to get a test group of people with reasonably small defaults, reasonably bad credit files and average salaries. They would then have to apply for a prime mortgage or prime lender for an average loan. When rejected, you would have to apply to the lender for the grounds of their refusal. You would then need to get good credit history people to apply and be accepted (don't need to sign anything though).

 

This would need done at the same time so market variations could be ruled out.

 

Good reading:

 

http://www.dca.gov.uk/peoples-rights/human-rights/pdf/act-studyguide.pdf

[Tobes]

To be the Devil's Advocate, I don't think you actually have a right to get credit, it's a privilege...

[deemacperth]

Agreed it's a privilege, but if you apply for a mortgage and they refuse it due to a bad credit history, you are entitled to write to the lender and request a breakdown of how they calculated your refusual (if it's an automated system, but most of them are)

 

If you have it in writing that anybank.com refused you due to a default placed on your file for a default that you later dispute and get struck off, then you do have a case against the original company, not anybank.com.

 

Do we also have a case against the Data Processors though? They say no, but as we all know, if someone put's libelous comments about you on a website and these comments are repeated by other people, you have a case against quite a few people. Take the case of the recent ashley cole allegations. All the football websites were in overdrive deleting risque comments, because they could be held partially responsible for publishing the comments.

 

What difference a credit file?

[un1boy]

Good point!!

 

The CRA'a are just private companies who have an obligation under the DPA to keep accurate details about us.

 

Check out the thread in here called "Default Hell!!." it's very informative and talks about Humna Rights too!

[alymac]

i have had this happen to me, basically the halifax had two goes at closing my account, which they never managed to do, so when i moved away from my old address i hever heard from them, i was under the impresion it was closed.

 

i then tried to get a mortgage with high street banks thro a broker.

the rbos did agree in priciable, while at the time the halifax only had my file at 3 months late, then they defaulted me, to my horror the rbos withdrew there offer the day before we were due to complete,

 

so the broker tried placing the mortage with other high street banks but they all refused due to having a recent default, which was never my fault.

 

i did get a morgage with future mortgages at a higher rate than i should have be entilted too.

 

im still fighten with the halifax to remove it, as they marked it settle yesterday, its been nearly a year since i first closed the account.

 

i believe that i should be entitled to some compensation because of this loss, i still cant get credit

[deemacperth]

I'm claiming damages against Yes Car Credit and part of my claims based on the Human Rights Act. I'm claiming that they've breached my right to enjoy my possesions.

Article 1 of the first protocol.

 

I'll keep you all posted.

[pugsley]

I think the CRA's may come under public (just) if they have a public function, as far as I can see there is no crime so no art 6. Maybe you could look into EU law of directives too

do CRA's

 

provide a public service

under the states control?

have special powers

 

 

maybe you should be looking under art 8 right to family life and correspondence etc

 

discrimination 14 is I believe soon to become a stand alone right and will not need to be argued with another right

[pugsley]

ARTICLE 8 RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE 1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.