EXPERIAN... The final battle commences

[knoxvillain]

car2403, they do kind of contradict themselves though by going on to say that the information belongs to the banks and we cannot amend it without their permission blah blah

[tifo]

Originally Posted by Dipply75

My point exactly - does anyone have any idea what these checks are that they claim they do?

This is what they send the creditor in case of a dispute (and what comes back). Not much, eh?

[Sparkie1723]

[quote=thecteam;1615792][quote=SURFBOY;1615786]

As we process over 100 million personal data items each month, we believe it would constitute a disproportionate effort on our part to have to check the validity of each data item against contracted terms and conditions.
We can assure you that we take our responsibilities under the Data Protection Act 1998 and all other relevant regulations very seriously, but in the case of a dispute between a consumer and a data controller over the validity of a particular credit record, we feel it appropriate to process the record as provided, until we are instructed otherwise by the data controller.


it sure does to me, which i find hard to believe that they put it to print, so have done a screen shot of the page i got it from in reply to my question i asked.

totally shocking

Hi every one too many to mention .....First point I would add about what Mr Hancock says ....is he refers to the data controller ...Experian are a data controller ....they are dual data controllers alomg with each supplier of the data ...each with exactly the same resposibility to and for each and to the data subject....if one is wrong so is the other......if they feel it is appropriate to process the data and it is wrong and unlawfully supplied and further processed by them, then they are libelling the individual..........the very first rule of libel is......if you do not and cannot prove what you have published (printed) DO NOT PRINT IT....i f you do you are open to a libel claim. Tell Mr Hancock that if they are serious about complying with laws and regulations, to be very much aware of the libel act, if he is publishing something he cannot be bothered to check is correct and true ....he is in trouble and big trouble.

If incorrect dat such as a default is put on your credit file and maintained there by the CRA......if nobody ever sees it....that is not libel defamation or anything at all........the very moment someone searches your credit file and it is viewed by them that is the moment the libel kicks in.....it is defamatory information being passed on to third parties.

Forgot to add this....Mr Hancock should realise that it is not the supplier that actually libels you as they do not pass the info on in this issue....they do not control who a CRA passes the info on to....they just pass it to the CRA .....if the CRA passes it on that is 100% down to the CRA concerned. It is the CRA that libels you.....not the supplier although they could be held complicit to the fact.

sparkie

[reallymadwoman]

Originally Posted by reallymadwoman

Promised reply from Experian - I've added the bold type.



I may be prepared to accept that the Information Commissioners Office considers their usual procedures to be 'reasonable' in the normal course of business. However, I strongly suspect that simply adding a notice of correction, and then threatening to remove it as soon as the creditor says the information is correct (which isn't mentioned, but that's what they did) with no proof whatsoever, is in no way reasonable. Unfortunately, Experian's reply isn't as specific as the one from Call Credit, but I will certainly be making a complaint to the Information Commissioners Office anyway and I strongly encourage every one else with a similar dispute to do the same. It costs nothing but time (and I have plenty of that at the moment!), so why not. It will only take one complaint to be upheld .....
Actually, it will probably take hundreds, but from little acorns ....
And I will be writing back to Experian for further clarification - again it only takes a few minutes and emails are free.

Clarification received from Experian:-

We keep a tally of the number of disputes that we receive in relation to each company that supplies us with information and of those, the number that are actually amended due to the details initially submitted to us being inaccurate. If the number of disputes or amendments reaches a certain level we will take this up directly with the client if we have concerns regarding the quality of the data they are providing. Ultimately, we would withdrawn their entire portfolio if we felt that the data could not be relied upon.

I am sure you can appreciate that companies using Experian would soon turn to an alternative credit reference agency and withdraw their business with us if they thought that the quality of the data we provided was unreliable. In view of this Experian does everything possible to ensure that the data we received and load to our database is accurate although it is impossible for us to individually check every piece of information that is provided to us. This is because lenders rely on the data that they are viewing being accurate and up to date to ensure that they are making informed lending decisions.

Full of 'ifs' and 'buts' as expected. They didn't answer my question about on what grounds they were planning to remove the notice of dispute, so another email will be on it's way shortly.

[Sparkie1723]

Who decides the data is accurate
Data subject Say's it is ...incorrect
Supplier say's ...............it is.
Therefore without proof who is correct it should be removed until actually proved either way not just a notice of dispute added ......other searchers of your file take not one bit of notice of it.
What Experian are saying.....whoa hold on .....if we upset our clients they'll take their business elsewhere and we can't have that we will lose too much money.....hard luck "little person". just go away.... Bxxxxxks.

In letters to CRA's allways quote Lord Hershells and Lord Dennings interpretation of a misrepresenative statement.
Quote..."A statement is either true or false there are no such things as half truths"

sparkie

[car2403]

Originally Posted by Sparkie1723

Who decides the data is accurate

A Court, IMHO.

[finlander]

Still no word from experian... but other good news..my council tax has dropped a band after my appeal........ so if your thinking about appealing it's worth it.

All the posts here are intresting and it's good to see some of the feeble arguements put forward by experian. They seem desperate to get everyone argueing over the Data protection act, CCa etc. MMMM wonder why that is.....

Oh yes I know... it wastes time... well ... Robert Murat did rather well today from people who publish untruths... wonder how Experian will do in court come that fateful day...

The bit about not having to send you a exact copy of you CCA is classic.. it might carry weight in the CCA act but in the end it would have to be produced in court during a defamation action... wonder how they will cope with that?

chuuuuuching.............

[Sparkie1723]

Hi finlander,

I can assure you the CRA's do not like the words "Libel Action" It is not a long winded Act and only 3 criteria to meet .....if you can meet them you will win.

sparkie

[Sparkie1723]

Originally Posted by car2403

A Court, IMHO.

agreed 100%......the CRA's decide at present...so they are the ones responsible for all of it.

sparkie

[TideTurner]

Experian does everything possible to ensure that the data we received and load to our database is accurate although it is impossible for us to individually check every piece of information that is provided to us.

This is very similar to saying "I didn't know it was stolen officer". Ignorance is no excuse.

They are clearly admitting that the information they hold COULD be inaccurate, and is provided to third parties UNCHECKED. If they cannot guarantee the accuracy of information provided, as required by law, THEY SHOULD NOT PROVIDE IT. Everybody who has incorrect information provided by these arrogant baffoons should sue for libel.

Of course, if the little man on the street was to give false information, he would be shut down immediately.

[finlander]

ok.... sparkie as a help can you brief the fine people on here how to take a action for libel to county court. Just the simple steps...

I think many would be interested in kicking over experians and the CRA's apple cart ......

After all would we stand for them writing 'criminal' on our files?... NO?... then why defaulter unless they can prove it?.......

[cashins]

sub

[Sparkie1723]

Originally Posted by finlander

ok.... sparkie as a help can you brief the fine people on here how to take a action for libel to county court. Just the simple steps...

I think many would be interested in kicking over experians and the CRA's apple cart ......

After all would we stand for them writing 'criminal' on our files?... NO?... then why defaulter unless they can prove it?.......

Hi finlander I'll post about libel as soon as find that in my BUNDLE of docs and I do have a BUNDLE, .............I'll be back says Arnie.

sparkie

[finlander]

cool........... the feline is firmly amoungst the winged creatures......

[thecteam]

i think this is the only step forward for all of us this will then hopefully have a knock on affect with the councils selling our data.

all linked the lot of them making money hand over fist from our names and address.

still not had a reply from Mr Hancock with regards to the reg 7 that angry cat posted.
and thank you to sparkie for this quote.
quoted
In letters to CRA's allways quote Lord Hershells and Lord Dennings interpretation of a misrepresenative statement.
Quote..."A statement is either true or false there are no such things as half truths"

sparkie
quoted