challenging the CRA's-have we all missed something?

[lickthewallfatboy]

Call Credit are pretty crap though,aren't they?

[esmerobbo]

I looked at my call credit report and my wife's and they didnt have one search logged although Equifax and Experian showed plenty. I dont think many use them.

[cerberusalert]

The problem with checking your file with any CRA you cannot be sure of its accuracy unless you check them all. Some may hold data that others don't, it all depends who the creditors have used in the first place.

 

Yes Callcredit are cr@p & yes Annualcredit report will show DN. CCJs etc if they have the information.

[lickthewallfatboy]

thanks

[lickthewallfatboy]

is the default compensation £1000 per default?

[lickthewallfatboy]

anyone?

[lickthewallfatboy]

just checked my file

 

very limited info-but one interesting snippet

 

Co-op defaulted me twice -2 consecutive months as well,and they have no CCA!

 

what's the next step?

[lickthewallfatboy]

Experian and Equifax I know have tried this before

 

can we demand that they reply to a SAR on receipt of the £2 and within 7 days(it's different for the CRA's to the £10 and 40 days for others)without sending copies of utility bills etc to prove you are who you say you are?

 

if they refuse,and they have no grounds,how much do you suggest any court action should claim for,as you can't use small claims for straight compliance-you need to enter a sum of money?

[Seminole]

Don't know the answer to this but I'm interested in it. Didn't even know that there were different requirements for them for SARNs!

[lickthewallfatboy]

nor did I till I read a post in the CRA section!!

[lickthewallfatboy]

I've just checked for myself

 

if you SAR a CRA,they have 7 working days to have your data delivered to you,and it costs £2 instead of £10 for everyone else

[ScarletPimpernel]

I've just checked for myself

 

if you SAR a CRA,they have 7 working days to have your data delivered to you,and it costs £2 instead of £10 for everyone else

 

For £2 you get a copy of your credit file. This is not the same as a SAR, which requires them to disclose all the data they hold on you.

[lickthewallfatboy]

hate to gainsay you Scarlet,but.....

Glossary of terms - ICO

 

Subject access request (Data Protection Act)

Under the Data Protection Act, individuals can ask to see the information about themselves that is held on computer and in some paper records. If an individual wants to exercise this subject access right, they should write to the person or organisation that they believe is processing the data.

 

A subject access request must be made in writing and must be accompanied by the appropriate fee. In most cases, the maximum fee will be £10, but this can vary, particularly if the information requested is for health or educational records. If a subject access request is made to a credit reference agency, then the fee is £2, and the information must be provided within seven working days. A request must include enough information to enable the person or organisation to whom the subject is writing to satisfy itself as to their identity and to find the information.

 

A reply must be received within 40 days as long as the necessary fee has been paid. A data controller should act promptly in requesting the fee or any further information necessary to fulfil the request. If a data controller is not processing personal information of which this individual is the data subject, the data controller must reply saying so.

[lickthewallfatboy]

I'm going to put the CRA's to the 7 day test.....

 

SAR's going out tomorrow

[angry cat]

They call it a DSIR;

much the same as a SAR.

 

But, to date I have never been supplied with info in 7 days, more like 2 weeks.

[angryandy]

Will do the same i think. Let's see who gets theirs first.

[lickthewallfatboy]

if anyone does do this,keep us updated as to what they send you or if they try to prevaricate

[lickthewallfatboy]

I also intend confronting the ICO as to the precise legal basis whereby OC's and DCA's continue to process data and register defaults,even though they cannot produce an agreement

 

if there is no agreement,any money is construed as a gift,is it not?A gift cannot be subject to data processing by CRA's

 

read this elsewhere,and it was put well

 

"To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this."

 

without an agreement there are no agreed repayments and cannot therefore be late or in default.

Edited September 10, 2009 by lickthewallfatboy

[angry cat]

Good Luck LTWFB!

I guess, that you will recieve the same old waffle back from the ICO;

the debt still remains.

 

Note that, non-compliance of s77/78 renders an account unenforceable.

 

Surely, by continuing to process a default whilst, in the above situation amounts to enforcement.

 

The processing of a default on an account were there is no regulated credit agreement, cannot be anything other than enforcement!

 

AC

[lickthewallfatboy]

I might not be too good when it comes to verbally getting my point over,but I'm a real bugger when it comes to the written word

[angry cat]

Go For It, LTWFB!

[Seminole]

I imagine you can ask for details of automated processing systems they use to process your data in the same way you can for a normal SARN.

[lickthewallfatboy]

and the ICO has confirmed that they are data controllers,so they can't wriggle around on that one any more

[lickthewallfatboy]

SARS off to Experian and Equifax

 

now lets see what happens

[lickthewallfatboy]

well,as expected,Equifax are the first to try to wriggle out of the 7 days deadline,so I'm phoning the ICO tomorrow to see what they have to say