Ico

[Movingon]

A "CCA" is a request for information under the Consumer Credit Act and is, indeed, nothing to do with Data Protection.

 

Do a full SAR and if they default on this or if the information is inaccurate you can require them to correct it under the Data Protection Act (section escapes me for now). If they refuse to correct it then you can report them to the ICO.

[Movingon]

p.s. Write to Experian too... they are processing inaccurate data and regardless of what they tell you it is THEIR responsibility to ensure that data they process is accurate. Require them to correct their records immediately and again if they do not, include them in your complaint to the Information Commissioners Office.

[maybelline]

thanks guys, I have written to Experian several times but all they will do is add a notice of correction to say I disputing the information provided by this creditor but it is of little use against the impact of the default! I seem to be going round in circles because I have done a full SAR to the creditor but not to the dcas they gave the information to. now that the original creditor has removed the offending default as false they say they cannot intervene about the dcas as it is now not their problem, ditto, experian, who also say that the dcas say it is correct but do not appear to be able to prove it in any way, this has been going on for several months.

 

I am not complaining to ICO about non compliance with information but about proving information is correct before passing it on, I have provided all the copies of the correspondence on this matter to ICO but still they argue it is not an issue for them?

[Movingon]

You need to press them; it IS an issue for them as the Act clearly states that information processed about you is to be processed ACCURATELY. This information is not being processed accurately.

[maybelline]

stonelaughter, thanks, I haved passed the statement from the credit ref agency that 'they are not required to check the accuracy of the information' on to Information Commissioners Office, hopefully they will react.

 

how about 'we make sure monthly updates to existing credit accounts are consistent with information previously sent to us' what on earth does this mean?!

 

and when it is clearly inconsistent and gobbledygook, with no evidence to support it, do they remove it -NO

[Movingon]

Under the Act, the "person" (i.e. organisation) processing the data is responsible for ensuring the accuracy of the data processed. That would be Experian, then...

 

JonCris - while I agree with what you've said your post provided absolutely nothing of help. How are we supposed to make them better if we simply discourage data subjects from complaining to them??? I think your efforts would be better spent ENCOURAGING people to complain rather than spouting self-indulgent complaints to noone on this board.

[maybelline]

hi Stonelaughter, thanks, I have been on to them again, I think my head is ready to explode with the circles I have been in spun in by FSA, FOS, Information Commissioners Office, Experian, the banks! blah blah, I just cannot get on with my life, can I find this quote on their website and quote it back to them?

 

Under the fourth principle of the Data Protection Act, information must be accurate and up to date. If you feel that your information is not factually accurate (this is information that can be proven to be inaccurate and not an opinion of the person or organisation) you must contact the person or organisation that is holding this information and tell them you believe your information needs updating to be factually accurate under the Data Protection Act. If they fail to do this and your information still remains factually inaccurate you can contact the Information Commissioners Office.

 

think this it, fourth principle!

 

proving it is inaccurate might be difficult, they dont have any agreements but bought a non existent(i.e not taken out by me) ac number and figure and chased me for it.

 

abit frustrating having to do a full sar when the information I have from the CCA request is incorrect i.e. non existent, no agreement to process, no bank details no signatures nothing.

 

however, clearly seems I need to do this asap, many thanks for input folks!