Adverse data over 6 years old

[eteddsy]

I've just applied for a loan and was had already looked at my credit expert report which showed one mobile phone default.

 

The man from the loan company came back to me and stated that he had done a credit report on me through experien (without my permission I might add) and then started reeling off default that I had 10 to 12 years ago when I went through a divorce. WHAT?? is this going to be with me the rest of my life??

 

The worst thing is that I pay for this experien credit report and its absolutely worthless as experien seem to give much more information to prosepctive creditors than they do for us. I know this isn't fair, but is it even legal?

[247orbital]

all defaults are removed after 6 years, so you need to check all three CRA, Equifax, Experian and Callcredit. If there is any information relating to a debt over 6 years old it should have been removed so you have a case for compensation.

You could get all the paper work from the CRA and then show them to the loan company.

 

In my opinion and experience the one default like the mobile one you have or even a late payment can effect your ability to obtain loans credit.

[eteddsy]

I have been shown a copy of what experien have sent and it does indeed show items that were closed or defaulted back in 2001 and 2002. My experien credit expert report does not show any of this and when I call experien they state that there is nothing else apart from what I can see on the credit expert screen.

 

The loan company offered me the loan anyway at the usual extortionate rate (they were a subprime loan company), but it still makes me mad that they were provided with all this information from nearly 10 years ago. Doubly mad when experien deny that this information exists or was shared. I'm getting the opinion that no matter what is said officially a lot more data than the past 6 years is send to lenders routinely, but not transparently.

[craigers]

definate cause for a complaint to the ICO! i would write to your MP too. go back to the loan company and ask for a copy of the document.

[Deb T]

I've just applied for a loan and was had already looked at my credit expert report which showed one mobile phone default.

 

The man from the loan company came back to me and stated that he had done a credit report on me through experien (without my permission I might add) and then started reeling off default that I had 10 to 12 years ago when I went through a divorce. WHAT?? is this going to be with me the rest of my life??

 

The worst thing is that I pay for this experien credit report and its absolutely worthless as experien seem to give much more information to prosepctive creditors than they do for us. I know this isn't fair, but is it even legal?

 

I've never heard of a default being held on file with experian 10 plus years, they should automatically drop off 6 years from entry? and if you applied for a loan with a company it is standard procedure for them to credit search you via the CRA's I don't think your permission is required (take a look at the small print in the agreement it may even be contained in there)

 

A long time back I applied for something (can't remember what exactly) with a lending house, they refused me quoting a debt I had in the early 90's, I had forgot about it (overdraft with a bank) and it wasn't anywhere on my file but it turned out in the end that the lending house I was looking to borrow from were connected to the original bank from the 90's and there was a record that had obviously been pulled up. I wouldn't look to the CRA for the credit file (particularly as it is not showing on your own) but maybe a link between the loan company and the 12yr old debt and who it was held with.?

Edited March 13, 2010 by Deb T

[dg1]

it turned out in the end that the lending house I was looking to borrow from were connected to the original bank from the 90's and there was a record that had obviously been pulled up. I wouldn't look to the CRA for the credit filequote]

 

I would tend to agree

 

However, such data being passed around would be illegal under the Data Protection Act 1998. Data can only be used for the purpose for which it was obtained, relevant, and up to date. It should also not be kept "longer than necessary". Any breaking of these data protection principles leaves the way open for a complaint to the information commissioner and/or legal action

 

You may need to be a bit of a detective to work out where this has come from but it would certainly seem to me that keeping adverse data and using it for a longer period than six years is good grounds to start action. That's not even taking into account whether the data is factually accurate or whether you had given permission for it to be transferred to anyone else

 

Subject Access Requests will enable you to see what data is held on you so your imediate problem is working out who to serve with a SAR. Probably the loan company is a good first place to start as your adverse data is presumably still on their systems