reasonable identification

[scratcher]

hi -

 

i asked for credit report under DPA and sent £2 to each of the credit rating agencies. i could not do it online as my credit rating is so bad i do not have the necessary bank card you apparently need.

 

i received letters back from all the CRAs saying they need more identification. they asked for originals of bank statements/bills or copies of driving license or passport. i sent copy of passport but do not have any of the others as i deal with paperless statements/billing or the bills are in house-mates names.

 

i now have received similar replies from all of them that they will not accept my id. how the hell am I supposed to get my credit report?? a friend who worked at a bank got it for me from work a year ago no problem as a favour.

 

1) how is this possible - is it not MY data?

2) does the data protection act not state REASONABLE identification?

 

what is my next move - can i take it to court and make them comply??

 

any help would be appreciated

[version302003]

did they give any reasons for not supplying the info? Seems odd that all 3 did the exact same thing.

 

Are you on electoral reg? have you recently moved there? do you have any credit that is reported to the cra's?

 

Also on the subject of paperless billing, the bill is normally still produced and downloadable and printable still.

 

Ps here is a link to get a free report once a year http://www.annualcreditreport.co.uk/ Not sure if the link is allowed, sorry if it's not

Edited March 13, 2009 by version302003

[scratcher]

hi version302003

 

Thank you so much for your response... Just to give you more info etc:

 

experian said the documents I sent:

- "Do not meet with our requirements"

 

callcredit said:

- "Cannot accept letter from bank as it does not refer to a specific account"

- "Cannot accept notice of suspension letters"

(I sent them an original letter from my Internet Service Provider which notified me of upcoming suspension)

 

equifax:

- "Not as listed in our request"

 

In answer to your other questions:

 

Are you on electoral reg?

I am not on the electoral reg

 

Have you recently moved there?

No I have been there for over 2 and a half years

 

Do you have any credit that is reported to the cra's?

I don't understand - sorry

 

Also on the subject of paperless billing, the bill is normally still produced and downloadable and printable still.

I did not want to send them details of what I have been spending or getting.. Do they really need to know this?? Also, they asked for ORIGINAL letters - not copies - which I sent them.

 

Any further advice? - want to take this to court and have them enforce it. I think that 2 original letters to my address and with my name on them, and a photocopy of my passport (which is what I sent) should be more than enough for them to identify me??

 

Callcredit also had the cheek to ask for documents from my previous address - whaaat??

[version302003]

If you havent lived at the address for 6 years then they want to know what the previous address was., no idea why tho.

 

I think they are entited to ask for proof of identity but im not sure how far they can drag that one out esp as you have provided a copy of passport and other letters.

 

Have you asked them what specifically is the reason for them to require proof of identity?

 

Do you have a bank statement you can send?(you can alway blank out the amounts)

[scratcher]

They say they require id for security reasons..

 

As for bank statements - I have them - but they are generally asking for documents within 3 months. Guess I could send them, but this will take even more time. Think I need to go in heavier.

 

I just want to know how to enforce them to give me the report. I am prepared to fill out an N1, as I don't think other methods will prove fruitful. Under the Data Protection I know they cannot demand such stringent proof as I don't think anyone would deem it reasonable. Just don't know if there is anything I can enforce them to comply under?

 

Thanks a lot for the responses...

[version302003]

Its up to you but filing an N1 will take much longer than sending a bank statement by 1st class post

[scratcher]

It's a principle thing as well. They need reasonable identification, not my bank statements with all other kinds of information on them. Does anyone know if this is something I can pursue under the Data Protection Act - and if so, under what section can I ensure they provide me with my credit report? This is out of order what they are asking and by solving this, I will also make it easier for many others with bonafide identification documents to obtain their credit report without the CRAs having more information to wield than they already have.

[Dissiargent]

Scrather,

 

In order to verify who you are so that they dont send your details to the wrong person, they need your id and proof of address - hence why they asked for utility bills. I had the same query done to me and once i provided them with that they needed, i had my report. I also have paperliss bills and you need to print them (just the first page) and have your local bank to stamp it for proof of authencity.

 

The reason they are asking previous addresses is also so that they can give you everything they hold about your data.

 

I hope that answers some of your questions.

[scratcher]

I think people think I am being unreasonable.. but I have sent them:

 

- A list of all my previous addresses (as per the template letter on the Information Commissioner website)

- Originals of two letters sent to me from bank/utility at my address within the last 3 months

- A copy of my passport

 

They do not need to see any information of my previous addresses to identify me - I haven't even kept any. I cannot understand how a bank statement is any different other than it may contain more information for them to flog. I cannot get statements stamped as I have a basic account which the cashiers at the bank refuse to serve me and tell me to write to customer services. I have already spent much time and effort and believe that the CRAs are just taking me for a ride. Therefore I want to enforce my rights that is all.

 

Can anybody who understands the DPA please respond as to how I can enforce them sending my credit report given that I believe I have sent them reasonable ID.

 

Nice one.

[scratcher]

I believe you can take out a Part 8 procedure in the County Court as a claim for specific performance to enforce the Subject Access Request... Anyone have any experience of this?

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

[scratcher]

actually I think it's part 7 as there is probably a dispute on what is 'reasonable identification' which I am sure the CRAs would want to challenge... any info welcome..

[scratcher]

Anyone got any info on this?

[noddyaccount]

If you havent lived at the address for 6 years then they want to know what the previous address was., no idea why tho.

 

I think they are entited to ask for proof of identity but im not sure how far they can drag that one out esp as you have provided a copy of passport and other letters.

 

Have you asked them what specifically is the reason for them to require proof of identity?

 

Do you have a bank statement you can send?(you can alway blank out the amounts)

 

You could always ring the Office of the information commissioner , i think their criteria is that you have to prove you are yourself to the exclusion of others of the same name . I agree that when asking for your data from a company whose business it is to collect your data and sell it , it seems unfair that they expect you to do their job , while you exercise your rights .

[scratcher]

Thanks so much for the response though.

 

I will ring the IC for sure. In the meantime I unfortunately have no Credit Report and I cannot even begin to clear it up so that I will finally have a proper bank account - not a kiddy card from the post office! I cannot pay for anything online and so losing out on loads of deals.

 

I have heard that the IC takes a notoriously long time to do anything in writing and that's what I need really to enforce the CRAs to give me information that affects me.

 

Was more wondering if anyone had any experience of asking the court to look at the matter without claiming for damages or anything - think its called special performance. Could then take a claim under DPA98 and I'm sure it wouldn't take long for a judge to see I have sent more than reasonable documentation. It could also serve to put pressure on the CRAs to supply the info to avoid any court stuff.

[noddyaccount]

Thanks so much for the response though.

 

I will ring the IC for sure. In the meantime I unfortunately have no Credit Report and I cannot even begin to clear it up so that I will finally have a proper bank account - not a kiddy card from the post office! I cannot pay for anything online and so losing out on loads of deals.

 

I have heard that the IC takes a notoriously long time to do anything in writing and that's what I need really to enforce the CRAs to give me information that affects me.

 

Was more wondering if anyone had any experience of asking the court to look at the matter without claiming for damages or anything - think its called special performance. Could then take a claim under DPA98 and I'm sure it wouldn't take long for a judge to see I have sent more than reasonable documentation. It could also serve to put pressure on the CRAs to supply the info to avoid any court stuff.

I was thinking more of getting the chapter and verse from the Ico office as to what a sar requires for Id , putting that in a fax /letter to the Cra , and trying to chivy them along in the interests of common sense , saves them having to answer to special performance , shows willing on your part , and thwarts their information fishing expedition , they can't help themselves!

[scratcher]

Will prob try writing to the IC, but if it takes too long will start a claim I think.. In the meantime I do not want the other party to be "manufacturing" documents!

[scratcher]

Any more ideas?