Information Commissioners Office

[hagenuk]

Issue a claim against Abbey for non-compliance with the Data Protection Act

Look here for details.

Data Protection Act Non-Compliance - Particulars of claim

Abbey can and will ignore you, but get a court order and see how long they ignore that.

[phatram]

Originally Posted by Glenn UK

Dear All

Anyone who complained to the Information Commissioners Office about Abbey will get the following letter shortly.

Anyone wish to use this in their correspondence feel free.

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Hope this helps

Glenn

I got this one.

Information Commissioner's Office

Promoting public access to official information and protecting your personal information

4th July 2007 Reference XXXXXXX
Dear Mr XXXXXXXX
Thank you for your correspondence regarding The Cooperative Bank.
I understand that in response to your request for a complete list of transactions and charges relating to your banking history Co-Op has informed you that you that they are able to provide any statements older than 6 years on your account for £5 per copy.
However in further telephone conversations with Co-Op they have advised that this information is inaccurate and that all information is only held for 6 years and they are unable to obtain any statements prior to this date.
I also note that your wife was provided with 7 years worth of statements.
With this in mind the decision has now been taken to refer this case to our Regulatory Action Division for further investigation.
You will be contacted by on of our Remedies Officers in due course. Yours sincerely

Laura Hennessy
Casework and Advice Officer
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF t: 01625 545700 f: 01625 524510 e: mail@Information Commissioners Office.gsi.gov.uk w: Information Commissioners Office.gov.uk
__________________

[maybelline]

my problem is dca processing defaults that the creditor has already closed files on and has no agreement or notice of default, neither do the dca but they have processd a default.

I have doen a cca request to the dca with nothing back so have reported the to Information Commissioners Office but Information Commissioners Office say this is not a data protection matter, so am now confused?

I could do a full Subject Access Request to the dca, Westcot and Capquest but they still will not provide the info as they do not have it. Westcot have already stated they have closed the file as they do not have the info but will not remove default, WHAT CAN I DO??

[JonCris]

The Information Commissioners Office are a complete waste of space & their staff are poorly trained.

Without an agreement of course it's data processing matter Get back to them & point this out. It's also a matter for TS & the OFT

[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 Subject Access Request 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 Information Commissioners Office.

[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 Subject Access Request 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 Information Commissioners Office 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 Information Commissioners Office 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 Subject Access Request 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!