Identity Fraud - Data Protection

[Finargh]

Hi - I received a letter about a car insurance policy but this was fraud. I have contacted the insurance company and they're dealing with it.

 

However I checked with the CRA and there area loads of searches through LexisNexis and other insurance related stuff - prresumably a comparison site or some such was used - but the DoB is wrong.

 

My question - surely the search shouldn't have been allowed by the CRA as it's blatantly incorrect and surely the insurance company's systems also noticed that the application was incorrect - isn't this a violation of my data by allowing access to my file and by the insurance company for opening a policy in my name?

 

It's also incredibly inconvenient and taking up my time - and I don't know if other things will have been allowed too. Plus if CIFAS is invoked because the application was accepted rather than rejected it may mess up any credit applications I may need to make in the future.

 

Have they broken the law, is there redress?

 

Thanks

[Haunter]

You should send a notification to the cra that this personal information is incorrect and that the insurance company have acknowledged this fact, therefore you request that the cra update your file to show the accurate information, Principle 4 of the DPA places the cra and all data controllers and processors under an obligation to keep your personal information, relevant, accurate and up to date!

 

You may find that you have no cause to seek compensation from the insurance company because until you told them of this fraud, they didn't know it wasn't you!

 

Haunter

[Finargh]

Thank you - but surely as the DoB apparently used in the application was completely wrong it should have been picked up by the CRA and the search prevented rather than giving out my credit file data and also surely the insurance company should have noticed that the details didn't match?

[Haunter]

Well, clearly, from what you have said, a mistake has been made by the cra/insurance co, their computer system may not have picked it up straight away, and or, their staff didn't either.

 

You're well within your rights to request that they rectify the information on your file, you can ask for some compensation, but whether they give you anything is anyone's guess.

 

Haunter