Thread: Experian will not remove incorrect data - HAVE A LOOK AT THIS!!

Hi,

I sent the following letter to Experian:

Data Protection Act 1998 - 1998 CHAPTER 29

This is a formal notice, served under the provisions of Chapter 29 of the Data Protection Act 1998 in requesting that you conform to my demand for a change in the manner in which you hold and process subject data about me.

As you are no doubt aware, Schedule II, Section 12 (1) of the said Act allows all data subjects the right to insist on the removal of any and all data from automated processes in respect of matters relating to them. I have reproduced that clause for your information, in case you do not have a copy to hand:

Chapter 29 of the Data Protection Act 1998 Schedule II, Section 12 (1)

“An individual is entitled at any time, by notice in writing to any data controller, to require the data controller to ensure that no decision taken by or on behalf of the data controller which significantly affects that individual is based solely on the processing by automatic means of personal data in respect of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct.”

You will note the exact language of the Act, in that such a request may be made in relation to a number of different reference checks "which significantly affects that individual", and the Acts specifically cites [quote] "credit worthiness" as one of those examples.

Recent checks on my file have caused severe complications, and now "significantly affect" my everyday life, and that of my family. An additional point to note is that issues of this nature that adversely affect "normal family life" are in breach of the Human Rights Act.

Therefore, you have seven days from receipt of this letter to remove all such data from your system where it is referenced and processed via automated processes. You will obviously need to transfer it to your manual process system and alert your customers that my data can no longer be searched via an automatic process.

I look forward to receiving your confirmation that the above change has been made to my file at the end of that seven day period.

To that end, I look forward to receiving your confirmation by close of business of xxxxxxxx

HOWEVER,

Experian sent a reply saying that:

Experian does not make any automated decisions with regard to my credit worthyness or any other criteria that are specified within section 12 (1).

Consequently, we do not have to comply with your request to remove the information that we process by automatic means. This is because we are not making any decisions about the information that we obtain and process via automated systems.

- what a joke,

any ideas how to respond?????

What is it exactly you want them to stop doing?

processing data on closed/defaulted accounts.

remove all unnecessary data where contracts have ended.

Schedule I, Part 1 "The Principles" of the Act states, quite clearly in Clause 5:

5. personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

True they should remove data that does not need to be on there.

Are the defaulted accounts over 6 year limit?

Originally Posted by Jamesx81x

True they should remove data that does not need to be on there.

Are the defaulted accounts over 6 year limit?

Other threads on CAG have shown that the 6 year time frame is not laid down in law it is something that the CRA's have just decided upon and therefore not legally binding.

the accounts are not active, they are closed.

Cant seem to find any legislation that requires your information to be on your credit file for 6 years.

The defaulted accounts are not 6 years old, but they clearly must remove them.

any thoughts

Originally Posted by emanevs

the accounts are not active, they are closed.

Cant seem to find any legislation that requires your information to be on your credit file for 6 years.

The defaulted accounts are not 6 years old, but they clearly must remove them.

any thoughts

HI.

There is very little legislation covering CRA's because as I understand it, they are private companies just offering a service.

As I pointed out there is another thread about this and when pushed hard the CRA's eventually admitted that the 6 year limited was just a figure that was thrown in the air and they all decided upon it, purely a commercial decision nothing to do with legislation or the 6 year statute barred limit.

However as many have pointed out getting the CRA's to admit or do anything beyond removing obviously incorrect data is extremely difficult.

Lets hope that the current MP's investigation as to why even leaving a footprint of a credit search can be bad news for your overal credit rating, is widened.

Andy

i will try to crack em then!

Its all in the Information Commissioners Guidance the length of time defaults and court entries should be added to a credit file.

Its the same for everyone, unless the defaults have been added incorrectly i dont see how you come to the conclusion that they clearly must remove them just because you want them removed.

see post 3

"processing data on closed/defaulted accounts.

remove all unnecessary data where contracts have ended.

Schedule I, Part 1 "The Principles" of the Act states, quite clearly in Clause 5:

5. personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

Why should they continue to show the acounts as default, when the accounts are closed??

dont want them removed, just because I want them refused - THEY CLEARLY SHOULD NOT PROCESS MY DATA.

any suggestions with particulars of claim?

also, vodaphone said that their contract with me wasnt covered by CCA?

They have not given me my information, should I do a SAR?

bump

A Subject access request will give you all the info they hold so should give you what your looking for.

With regards to vodafone i beleive telecomms are not covered by CCA's but come under airtime contracts.

SAR to the credit ref agencies??

can you explain please?

You mentioned SAR to vodafone thats what i was referring to. But if you are doing it to gain a cca you will not get one as it is an airtime contract.

I think I need to take vodafone to court, any ideas on a particulars of claim (ref: continuing reporting of data, not receiving default notice)

I also sent the same letter (post 1) to callcredit

They replied:

"our role as a credit reference agency is to provide accurate data and products, which assist these organisations in their decision making process. we do not play any role in the actual actual aceptance or rejection of credit applications. such decisions are taken soley by the organisatio that has processed the application.

If you apply for a credit facility and are declined as a result of automated procedures, then you have a right to appea the decision and to have your application manually reviewed, as you have intimated in your correspondence. if this is the case, and has prompted your correspondence to us, i suggest that you directly contact the lender in question and ask them to review their decision manually.

For our part, we ensure that we take active steps to ensure that the data we provide as part of this decision making process is accurate. only if it is inaccuate do we take steps, in accordance with data protection act 1998 legislation, to amen or remove the data held on our databases.

I trust this clairifies your concerns and that the information provided is helpful.

any thoughts??

Hi,

I sent this letter to experian:

Thank you for your letter dated xxxxxxxx.

Your paragraph five reads as follows:
“As a credit reference agency, Experian does not make any automated decisions with regards to your credit worthiness or any of the other criteria that are specified within Section 12 (1). Consequently, we do not have to comply with your request to remove the information that we process by automatic means. This is because we are not making any decisions about the information that we obtain and process via AUTOMATED SYSTEMS.”

Clearly you are processing information regarding me via automated systems, and I require this to be removed.

Upon signing any lawful contracts with any organisations on my credit file, I only gave these companies my permission to log my account dealings whilst the contract was in place. If you read the wording of these contracts, it states quite clearly that I "give permission for (company name) to supply credit reference agencies with information relating to the conduct and payment history of my account." I neither agreed to any other purposes, nor did I agree for that clause to include the term "in perpetuity".

Additionally, all of these contracts also states that "this agreement may be cancelled by either party in writing".

My contracts with these companies are now cancelled, and have been for some time now and therefore they have no signed mandate or permission to instruct you to retain or store data on me.
Schedule I, Part 1 "The Principles" of the Act states, quite clearly in Clause 5:

"5. personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes."

So, you will kindly remove the entire record, or I will issue a Formal Notice on this matter. If you fail to comply with that Notice, then I will apply for an N1 county court Order against you, which will result in you accruing Court fees and any other legal expenses and disbursements. This will also lead to a complaint to the Information Commissioners Office as to your suitability to hold a Data Protection licence when you are clearly holding data that is no longer relevant to the account, the account information provider or the data subject, and is being held after a contract has been terminated, by whatever means, whether by default or cancellation.

I look forward to receiving your confirmation that the above change has been made to my file by close of business of xxxxx

They replied as follows:
Thank you for your letter xxxxxxxx

With reference to my previous correspondence, at no time did I suggest that Experien does not process any dat by automated systems. Section 12 of the Data Protection Act is entitled 'Rights in relation to automated decision-TAKING.

Section 12 stipulates that the individual (data subject can request 'that no decision taken by the data controller which significantly affects that individual is based soley on the processing of automatic means'.

I have explained in my previous letter that although experian processes dates using automated systems, we do not make any decisions in relation to the data we hold. Consequently, we will not be ceasing to process your data by automatic means.
I CAN CONFIRM THAT WE HAVE NEVER REMOVED ANY INFORMATION FROM OUR DATABASE OR IMPLEMENTED ANY SYSTEM OF MANUAL PROCESSING AS A RESULT OF THE STANDARD TEMPLATE LETTER YOU PREVIOUSLY SENT TO EXPERIAN.

The individual who drafted the template letter did not achieve the result you appear to be attempting to attain. The individual concerned also conceeded that Section 12 of the Data Protection Act 1998 had been misinterpreted in terms of how it applies to credit reference agencies.

As you have roghtly quoted, the fifth data protection principle states:

personal data processed for any purpose shall not be kept for longer that is necessary for that purpose"

The information commissioner has previously advised that by retaining data for a period of six years, the credit reference agencies do not appear to be in breach of the fifth principle.

You openly agree that your contract did stipulate that you give permission for the company concerned to supply credit reference agencies with information relating to the conduct and payment history of the account. By notifying us that an account is defaulted, or has been in arrears, a company is providing experian with infromation concerning the conduct of that account.

If an individual could simply have an account removed at the point that it was closed there would be little incentive to maintain a good payment history on that account. The account holder would be aware that their ability to obtain credit in the long term would not be compromised throgh their failure to meet the terms of the original agreement and this could lead to more people being less careful in how they manage their financial affairs.

I note that you are considering taking legal action including experian and I would strongly recommend that you seek independant legal action beofre doing so, rather than relying solely on the comments of individuals on various forums.

If you have any further queries....... blagh blagh......

Any ideas on how to reply???

way over my head but subbing

bump!