Lowell searched my credit record because of a very old boyfriend

[ErikaPNP]

I have a financial association on my credit report dating back over 9 years ago where an ex and I applied for a mortgage together. We were turned down (ex had poor credit).

 

I have not been in contact with my ex for donkeys years and last year when I got my credit report and found him on it, I asked for him to be disassociated from the credit report and was advised that it would be done within 7 days. I have never had any joint debt with this person. Turns out that it wasn't done and Lowell searched MY credit report twice on the basis of him this year.

 

I'm absolutely furious that debt collectors have searched my record TWICE for someone who I have not had an association with for so long. I thought companies were only allowed to search associated records if the person had applied for credit - and that is certainly what it says on the credit report as a reason for it being done. They've done it to chase debt that is nothing to do with me. Is there anything I can do about it?

[cerberusalert]

Yes a complaint to the ICO and the company who recorded the association + you could sue for libel.

[ErikaPNP]

The association was put on there when we applied for a mortgage so at one point we were associated, but that association was placed on there 9 years ago.

 

I have emailed the credit report people and forwarded their last email saying that he'd be removed within 7 days, to tell them that it wasn't done and asked them again to remove it.

 

What should I do about Lowell, should I write to them first and ask them what the hell they think they are doing searching my data? I'm livid. I could understand if I had any joint debt with him but I don't. The only thing we applied for was that mortgage which we were turned down for, so whatever they are chasing him for, it's nothing to do with me.

 

I have a satisfactory credit record.

 

Are they even allowed to search my data for the purposes of debt collection of a third party? I thought I had to authorise searches on my file.

[cerberusalert]

I had exactly the same problem with Santander and although it took six months for the ICO to do something it was finally removed and I received compensation.

 

AFAIK an association like that should only appear on your file for two years.

 

What should I do about Lowell, should I write to them first and ask them what the hell they think they are doing searching my data?

I suppose technically if they were searching your ex's credit file and it was associated with you they would be within their rights.

 

What type of search was it, the one where only you can see?

 

see; http://www.consumeractiongroup.co.uk/forum/showthread.php?301529-Abbey-Santander-Cerberusalert-v-Santander#post3364873

[ErikaPNP]

I'll start from the beginning because I don't really understand how these things work and don't know who my grievance should be with.

 

Ex and I went to 'Your Move' about a house we were interested in. They asked if we wanted to apply for a mortgage for it, we said yes and they went ahead there and then in the office and submitted an application. They gave us a variety of lenders to pick from. We picked Northern Rock as they were the cheapest. It came back that they wouldn't give us one as a result of the credit report. I couldn't understand as I knew my credit was fine - that was when my ex admitted to me that he had bad credit and I never applied for anything jointly with him again.

 

Last year I asked experian for my credit report. On my credit report under 'Individuals that you may be financially connected to (Financial Associations)' It had my ex's name and DOB along with mine, the date over 9 years ago and 'confirmed by' showing as NORTHERN ROCK (ASSET MANAGEMENT)PLC. I contacted experian and asked them to remove the association, explaining that I had no contact with this person for several years. They emailed back saying that they would remove the association and it would show within 7 days.

 

Tonight I get an email alert - so I log into my credit report and I see that he is still there!! I emailed experian again and told them they had not removed it despite telling me over a year ago that it would be gone in 7 days.

 

I looked further down and under the part 'Searches made by individuals that you may be financially connected to (Financial associate searches)' it says:

A financial associate search will be shown on your report when someone you are financially linked to has made a credit application and your credit report has been seen by a lender as a result. It does not mean that you have made a credit application, or that the application was for joint finance. The record will show that your information was seen because you are financially linked to the person who applied.

This information is recorded for you on your copy of your credit report only. It will not be seen by lenders.

In this section are 2 searches conducted by Lowell this year. The entry numbers are u1 and u2. But why were they looking at my record when the above says it is if an associate has applied for credit and the lender will see it? Lowells are debt collection agents, not lenders, so they are viewing my record for the purpose of debt collection rather than an application for credit. Have they done something wrong here?

 

Is my greivance with Your Move, Northern Rock, experian, lowell or all of them?

 

See when Northern Rock put that association on my report the date showing as confirmed is 9 years ago, which is correct as we did apply for a mortgage 9 years ago with them via your move. So I'm not sure if I should be complaining to them if you see what I mean? Or will they have put it on when I applied for my report last year even though the confirmed date is 9 years ago? It says:

A record of an association shows a financial link you have with another person. These links are created by joint judgments, joint accounts and joint credit applications, or from information you gave to us or lenders. Associations are not created between business partners.

The information you see will include the details of the person you are financially connected to (the associate), the name of the organisation that created the link, and the date the link was created.

Information about an association is held on record indefinitely. Lenders can take account of your associate's financial information when deciding whether to give you credit. The financial information about any associates is not recorded on your credit report. If your associate needs to see their credit report, they will need to apply separately.

The quickest way to get information corrected if needed is to contact the source of that information. If the information was provided by a lender, contact them first. A list of useful addresses is given in the Profile Information section of your credit report.

[cerberusalert]

It's with whoever recorded the association & Experian.

 

Lowells searches won't be seen by anyone but you.

[ErikaPNP]

Thanks.

 

I don't think I have a legimiate complaint against Northern Rock or your move because they linked the information 9 years ago but definately against experian as they were supposed to remove it but failed to do so.

[cerberusalert]

Thanks.

 

I don't think I have a legimiate complaint against Northern Rock or your move because they linked the information 9 years ago but definately against experian as they were supposed to remove it but failed to do so.

 

I think you may have because although you applied for a mortgage together you didn't actually have one so how could there be a financial link as in having an a/c together?

 

The easiest thing to do is contact the ICO & see what they say https://www.ico.gov.uk/Global/contact_us.aspx

[unclebulgaria67]

I think you may have because although you applied for a mortgage together you didn't actually have one so how could there be a financial link as in having an a/c together?

 

The easiest thing to do is contact the ICO & see what they say https://www.ico.gov.uk/Global/contact_us.aspx

 

It would be a technical breach of the DPA for Northern Rock or Your Move to continue passing data onto the CRA's, if they have done that. Or if NR or YM only passed on the data for the purposes of an application, this should have only been on the CRA records for a limited period. You can check with the ICO how long the CRA's can hold onto data for an application. In the back of my mind I think it may be 3 years, but could be 6.

[ErikaPNP]

Been doing some searching and this is what I have found.

 

 

• Financial association can be created via any joint application for credit. So Northern Rock/Your Move are not to blame - they were within their rights to make the link. The association remains on the credit report indefinately unless I ask the credit reference agency to remove it - which I have done and which they agreed over a year ago that they would do, but they didn't fulfill their agreement. I can complain to the ICO.
  

 

• A lender can look at an associated report when someone makes an application for credit. A DCA can only look at the debtors report.
  

I've noticed something else. On my credit report, it shows the date that an application for credit has been made for the purpose of Lowells searching my report. The first being several months ago, the second being this month. Lowells are not a lender and as I am not the debtor they have no business accessing my credit report. I'm thinking that the entires may be false representation as a lender in order to view an associated report (mine) to try and locate their debtor (not me). Not certain but it's the way I am going to play it. I'm just so angry that they have got their mitts on my personal information when I have never had anything to do with them.

 

Complaint going to credit ref agency and Lowells with the ICO being copied in - just need time to write it.

[LostAtSea]

Stick it to both of them, Erica

[BRIGADIER2JCS]

Hi, Erica the OFT and ICO consider that

these searches to table one are fair and

reasonable, and will be accessed by credit

providers using automated credit checking

systems , but not seen when a standard

CRA check is made.

I have been researching CRAs for nearly 3

years and have the documents from both

regulators, and confirmation that the ''credit score''

is not seen by anyone other than the data subject.

also confirmation that the CRAs cannot unilaterally

amend or delete any entries.

[ErikaPNP]

I've sent a complaint to the ICO about the CRA failing to delete the association and have forwarded them the email that the CRA sent to me last year in which they advised me the association would be deleted within 7 days and as they haven't removed it, a third party with whom I have no relationship have accessed my personal information.

 

I've also contacted Lowells and asked them to confirm that they are not holding any data on me as a result of the association - I've explained to them that the association should not be there.

[247orbital]

I was under them impression that you can write a letter of disassociation for former partners?

[BRIGADIER2JCS]

All the CRAs will provide a form for

this purpose, Experian, Equifax and Call Credit

need to be checked.

[BRIGADIER2JCS]

All the CRAs will provide a form for

this purpose, Experian, Equifax and Call Credit

need to be checked.

[ErikaPNP]

I've already done the disassociation forms - over a year ago. I got an email back from one saying they would delete the association within 7 days but it never happened. I've sent off for my reports from the other CRA's too, to make sure they followed through.

[BRIGADIER2JCS]

Hi Erika,

Over the years dealing

with this kind of problem

with DCAs and CRAs I have

found the best line of approach

is to keep out of the so called

customer disservice department

and communicate with the Compliance

manager/Director it's never failed

and has even resulted in ex gratia payments.

[ErikaPNP]

I'll see what they come back with, and if I'm not happy then I will perhaps explore that - cheers.

[BRIGADIER2JCS]

Oh it works, it really works:madgrin:

[ErikaPNP]

Do you have email addresses for them?

[BRIGADIER2JCS]

No, I always communicate by post

RD, to the Compliance Manager/Director,

Google the company for names, it's rare

to get an e-mail address.

Also a formal complaint in writing by

snail mail seems to have more impact.

 

Brig.

[ErikaPNP]

Okay dokie - will get onto it if I am unhappy with the response

[BRIGADIER2JCS]

Normally these association prob are

dealt with fairly promptly I find it

strange that this is so prolonged.

[BRIGADIER2JCS]

Normally these association prob are

dealt with fairly promptly I find it

strange that this is so prolonged.