challenging the CRA's-have we all missed something?

[lickthewallfatboy]

Won't seem to let me in-wonder if it has anything to do with me writing to experian to remove data from their listings?.......mmmmmm

[Guest Wild Billy]

Why do you pay for this service!? It's a huge rip-off- most of the information you are entitled to for £2 under the Consumer Credit Act.

[lickthewallfatboy]

because it's a free trial and I want to see what's there before I get it wiped.....

[lickthewallfatboy]

would someone be so good as to point me towards suitable wording to SAR Equifax/Experian/MyCallCredit?

 

thanks

[Curlyben]

Go check out the CAG CRA S.A.R Club.

Link in my siggie

[lickthewallfatboy]

thnx Ben

 

I suppose we can expect paperwork by the box load??!!

[Curlyben]

Just alot

[lickthewallfatboy]

we have sent the S.A.R - (Subject Access Request) letters and the 10 quid to the CRA's.They have responded by sending us "SAR forms",and asking for utility bills and ID....experian even sent the £10x2 back.....

 

 

are they messing us about?

[rory32]

They are entitled to ask for forms of ID if they are not sure of your identity, however the 40 days still runs from the receipt of your request.

[lickthewallfatboy]

I wrote and told them that sending my passport and utility bills would leave me open to identity theft......and that they were quite content to process credit information tied to our home address without verification,so it shouldn't stop them from sending the same data to our home address.....

 

experian also sent back the £20 in postal orders-so I got them refunded today

[rory32]

Well they don't need your passport. A recent utility bill should suffice. Alternatively you could inform them that they will be able to sufficiently identify you from the court order you will get if they don't comply with your SAR within the 40 days.

[lickthewallfatboy]

they even lied about when they received the letters.....fortunately I was able to do "track and trace" on the recorded delivery requests....

[lickthewallfatboy]

Experian have replied again stating that they will not be complying with my request as I won't send them what they want.......they "assure me that the information commissioner is satisfied that we (experian) are acting within our rights to request documentation to supplement a data S.A.R - (Subject Access Request).....

 

 

anyone got a good letter to reply with?

 

 

court threat time....

[lickthewallfatboy]

I've just found this nugget of info

 

Glossary of Terms - Information Commissioner's Office - ICO

 

Subject access request (Data Protection Act) Under the Data Protection Act, individuals can ask to see the information about themselves that is held on computer and in some paper records. If an individual wants to exercise this subject access right, they should write to the person or organisation that they believe is processing the data.

A subject access request must be made in writing and must be accompanied by the appropriate fee. In most cases, the maximum fee will be £10, but this can vary, particularly if the information requested is for health or educational records. If a subject access request is made to a credit reference agency, then the fee is £2, and the information must be provided within seven working days. A request must include enough information to enable the person or organisation to whom the subject is writing to satisfy itself as to their identity and to find the information.

[lickthewallfatboy]

can a data controller demand a signature on the request?

[lickthewallfatboy]

anyone?

[rory32]

Section 7(3) of the Act states

(3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

I see no mention of a signature.

[lickthewallfatboy]

were you aware of the 7 day SAR deadline instead of 40 if you request it from a CRA?Also £2 instead of £10?

[rory32]

Yes, but this only covers a request for limited information e.g. your credit report. At least that is my understanding anyway.

[lickthewallfatboy]

not according to the wording on the ICO site as quoted above in post 7......puts a lot more pressure on them to comply

[rory32]

The ICO would appear to be contradicting itself then http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf page 11.

[lickthewallfatboy]

no surprise there then......

[sosumi]

Just found this ltwfb, see page 176:

Data Protection in the Financial ... - Google Book Search

[sosumi]

whoops, duplicated!

[sosumi]

Also the confusion between £10 and £2 might be this:

CallCredit, when you ask for a copy of your credit report with £2.00 fee, send you a 'Limited Subject Access Report'... hmm:cool:

This CRA stuff is very very dodgy indeed, IMO.