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

[lickthewallfatboy]

it's a minefield from what I can see.....

[lickthewallfatboy]

this is the text--

 

Make sure your credit file doesn’t wreck your chances of getting that dream job. Whether you try to ignore it completely, sit back and admire the candidates, or cringe at their incompetence, the BBC programme makes for compelling viewing.

Each person appearing on the show will have been vigorously researched prior to going on the programme, but not many people know that exactly the same can happen in everyday recruitment. As a result, your very own dream job could be snatched from under your nose should your credit file turn out to be not quite as polished as your interview technique.

Increasingly, employers are taking steps to ensure that prospective staff are of the highest standing, including checking their credit file. This is a legal requirement in financial recruitment, but many others, such as the Police force, also vet credit files when assessing potential new staff.

Imagine being conditionally offered your dream job, only to have it snatched away because of something on your credit file.

You can check that everything is in order by checking your credit report online. If you’re unsure whether what you discover will count against you, our expert analysts are on hand with honest, impartial advice, at no extra cost.

[JonCris]

In todays climate & the way things are going in the economy an awful lot of candidates are going to be rejected

 

They will probably have to introduce a sub-prime jobs market:D in which although you'll do the same job you'll be paid less than someone without debt for the priviledge of working

[PGH7447]

Each person appearing on the show will have been vigorously researched prior to going on the programme, but not many people know that exactly the same can happen in everyday recruitment.

Is that why last year on the apprentice they had a disclosed bankrupt on the show:D

[JonCris]

Will that include a psychiatric examination ................ as have to be nuts to expose yourself to that situation

[lickthewallfatboy]

whenever you S.A.R - a CRA,they make you jump through hoops to prove your identity with utility bills,passports etc etc....

 

well,paypal have just announced a prepaid debit card and in the t&c's they state this....

 

" We may obtain information about you from credit reference agencies to verify your identity."

 

exactly how are they (CRA's)going to manage that when they won't give you your own data unless you comply with stupid conditions when you write to them?

[Gez]

Unfortunately, the Information Commissioners Office will do nothing about it either. If you want your data, you gotta give em what they ask for.

 

I ended up sending a scanned passport & the 2 original bills/statements. I can tell you that Callcredit just complied after sending just the letter, no ID.

Experian & Equifax refused until they got the ID, Experian in particular were quite stroppy.

 

Now, even after this, Equifax are still refusing unless I fill in & return their "S.A.R - (Subject Access Request) application form" which is basically just an irrelevant questionaire. They claim I haven't given them my DOB, confirmed current address for the last 6 years e.t.c.

The DOB is on the damn passport. I simply send them a letter saying send the info before the end of the 40 days or you'll be paying court fees..

[Jesteruk]

If you apply online for your CR file all they ask is questions about file

for example

When did you take the loan out with "black horse"

What company recieves a payment of £54.66 per month

 

I had about 6 questions to comfirm my identity.

 

You could reply saying that due to current threat of ID theft even with recorded delivery, you are unwilling to provide such data through an unsecure service. Ask them to ask you questions about your file and the credit you hold.

 

Might work!

[lickthewallfatboy]

"Towards the end of 2008, most credit card and personal loan companies cut back their efforts to recruit new customers (think about it, when was the last time you saw an annoying credit card advert on TV?). But there are now very clear signs that lenders are ready to start welcoming more new customers.

A number of the UK’s largest card issuers have increased their online marketing activity recently – a direct indicator of a growing appetite for new business.

The deals on offer are well thought through to meet the needs of the credit crunch, including a market leading 0% on balance transfers and 0% on new purchases from Virgin

You can see which lenders are matched to your credit rating for free using our find a lender Service, and if you want the peace of mind to be sure that there is nothing nasty lurking on your credit report, you can use checkmyfile to check before you apply at the lowest prices around.

Check your credit report now, or find out for free which lenders are matched to your credit score

yeah,right!! LOL

Edited January 27, 2009 by lickthewallfatboy

[lickthewallfatboy]

this has just occurred to me.....maybe I'm being over simplistic,but here goes

 

CRA's process your data on the grounds of you having "borrowed"money....

 

As demonstrated here,a large % of "agreements" are not viable or enforceable,yet your data is still processed,despite your objections

 

As shown in the Wilson case in the House of Lords,no enforceable agreement meant the lady in question was entitled to her money back,plus her car as well,because( I think I'm correct here) the car was deemed to have been a "gift" as a consequence

 

I looked up a definition of consumer credit online-"Consumer Credit consists of short-term loans made to people so that they can purchase consumer goods and services for personal or household purposes."

 

all very fine so far

 

now-CRA's are processing data strictly on matters of credit......and this is what I was getting to.....

 

if what you have obtained from a "creditor" is not in fact credit at all,but a gift in the eyes of the law,on what grounds do the likes of Experian,Equifax and Call Credit have legal authority to process your and my data?

Edited July 14, 2009 by lickthewallfatboy

[mr.ton]

I honestly think they have no legal authority to hold any information on any of us whatsoever.

We have all just accepted & taken for granted over the years that they can do this, without ever knowing if there was a legal basis behind it all in the 1st place.

Many myths have been built up by the financial establishment over the years (like blacklists for example), with the intent of "keeping everyone in their place" so to speak & to keep the financial system in general plodding along happily etc...

As soon as someone really starts to rock the boat on all of this..that will be interesting

[PGH7447]

reading the cra's blurp, they state that by allowing a creditor to assess you for credit etc, you are then giving cra's the right by proxy to retain your info!!, and that other creditors can conduct searches etc that if no credit offered should not be shown, but if a credit application is made will be

[lickthewallfatboy]

there's something extremely fishy about all this CRA crap

 

I think they should be the next big target in CAG sights as a matter of priority-the banks and CC companies caved in,the DCA's have got their tails between their legs after a good slapping

 

no credit agreement means it's not credit-and they're not Gift Reference Agencies,are they??

[mr.ton]

No-one ever bothers to "rock the boat" with the CRA's, thats the problem.

We just accept them on a daily basis as part of parcel of everything etc..

[lickthewallfatboy]

I think it's time that all changed,don't you Mr T?

[babybear39]

I'm not missing this one Subbing...

[lickthewallfatboy]

welcome aboard babyb

 

the basis on which DCA's process your data seems to be incredibly shaky to begin with...."your permission by proxy" seems to be a major issue

 

also,when challenged as to why they keep markers on records for 6 years,they seem to be incredibly vague and waffly when it comes to giving a clear answer

[PGH7447]

Ok just emailed experian and asked them to point me to the legisaltion that allows them to process and hold my data without my permission.

 

lets see if anything comes back:D

[babybear39]

My CR is trashed for the next 4 years due to BR but I'm particularly interested in DCAs putting a default marker as a means of 'revenge' if you don't pay due to default of CCA request.

[lickthewallfatboy]

Ok just emailed experian and asked them to point me to the legisaltion that allows them to process and hold my data without my permission.

 

lets see if anything comes back:D

 

if you do get an answer,it will be so incredibly vague that it won't mean anything:lol:

[PGH7447]

I know but it will be a start

[lickthewallfatboy]

has anyone tried googling the actual legislation which allows CRA's to operate?

[kfdh1962]

subbing ... this could get very interesting... one question, i think i have seen postings previously whereby mobile phone providers have stated that mobile phone contracts are not covered under CCA regs, so how come data relating to mobile phones appears on your credit reports?

Edited July 14, 2009 by kfdh1962
sausage fingers!

[lickthewallfatboy]

can't answer that one......but it is an interesting question.

 

perhaps someone who knows the ins and outs of this will be able to provide info

[PGH7447]

Compliance - Data protection - Experian UK and Ireland

 

Consumer chatroom advice on data retention

 

Comments have been posted on message boards hosted on the some consumer websites suggesting that it is unlawful for Experian to hold consumer credit file data after an account has been closed. We disagree.

In general, Experian hold such data for 6 years after the account has closed, as do the two other UK credit reference agencies. Experian is fully satisfied that this practice is compliant with the Data Protection Act 1998, and this view is shared by the regulatory body, the Information Commissioner's Office.

A letter confirming the Information Commissioner's position is below.

 

A number of complainants have written to Experian stating that information relating to accounts they have held with credit providers should no longer be held. The complaints maintain that Experian only have permission to hold account information for the duration of a credit agreement and that once the agreement ends so does the consent to process information about it. Please accept this note as confirmation of the Information Commissioner’s view on the matter.

The complainants’ argument is based on the assumption that the credit reference agencies need consent to process account information. This is not the case.

The first data protection principle requires that as well as processing information fairly and lawfully, organisations must satisfy one of the conditions in Schedule 2 of the Data Protection Act 1998.

It is our view that the condition for processing below covers the sharing of account data with the credit reference agencies for the duration of a contract and six years beyond.

 

 

"The processing is necessary for the purposes of legitimate interests pursued by the data controller or by the third party or parties to whom the data are disclosed, except where the processing is unwarranted in any particular case because of prejudice to the rights and freedoms or legitimate interests of the data subject."

 

 

We take a wide view of the legitimate interests and we consider that it is in the interests of other creditors to make informed lending decisions. It is important to note here that the fact that the processing may be seen by some to prejudice a particular individual (for example, someone with an adverse entry on his credit reference file may not be able to obtain credit facilities) does not necessarily render the whole processing operation prejudicial to all individuals.

The fifth data protection principle requires that information processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

The Act does not prescribe the period for which information is retained by credit reference agencies. However we understand that the Crowther Report on Consumer Credit 1971 expressed support for the view that a statutory time limit should be considered and suggested a period of six years should be adopted. At the time this was already the practice common to some of the major credit reference agencies. The Younger Committee on Privacy considered that as the prevailing practices of the agencies were coordinated, there was no immediate necessity for statutory recommendations to be made but prepared the ground for the Data Protection Act 1984 by recommending that periods should be specified beyond which the information should not be retained.

Account information is held by the credit reference agencies for a period of six years after the account was last active. It appears to be the case that in addition to current credit commitments the preceding six years of an individual’s credit history is taken into account by credit grantors when applications for credit facilities are assessed. As a consequence this historical information would appear to be relevant to the purpose of credit referencing and by holding this information the agencies would not appear to be in breach of the fifth principle.

I trust this has clarified our position.