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mintygit

Unrecorded Search

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Hi

I had an unrecorded search on MY Experian report by a DCA, can I have this removed?

I know it's unrecorded by I never gave this DCA permission to do a search, or do they still have a right to do the search?

The DCA wrote to me several times asking if I was a MR xxxx xxxx, they spelt my first name wrong by 1 letter, I responded saying I was not, they then checked my credit file against my address and then wrote back to me this time with my first name spelt correctly.

I have this search against on my file but with the wrong name.

I have asked Experian and the DCA to remove this, Experian have replied with the standard reply of writing to the DCA but if they do not give permission they can't remove it.

I have complained to OFT and ICO but this has gone for 6 weeks now and I've heard nothing.

Is there nothing really I can do about this? Or can I take this further? Even to the point of taking both Experian and DCA to court for breach of Data protection?

Or basically am I just talking a load of B****CKS and should just accept this and move on? :confused:

Thanks

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Help me out here someone - why is an unrecorded search important? If its unrecorded (how does that happen?) how do you know its been done and what difference can it make to anything?

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It's not that important to the fact that it will not stop you from getting credit. It's a check to see if someone lives at a certain address for instance.

 

I noticed it because I pay for the alert service of experian so knew about it within 24 hours of being recorded.

 

My gripe is that is was carried out by a DCA for a credit card debt to find out if I lived at my address. I did not give them permission to do this, they didn't ask me, and it turns out that the DCA does not have a CCA for the debt either.

 

I don't see why they should have access to my records if I haven't given permission, even if the search is nothing, but they can see my records etc, surely this is a breach of data protection?

 

It may sound petty but I really what to do something about this why should DCA have this access and why should experian give them such easy access. What can I do? Or can't I do anything?

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I bet the credit card terms and conditions contain something about sharing information with fraud prevention and recovery agencies, but to be honest that's not the only way they could have located you.

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The only thing is that the credit card debt goes back many years and when I asked the DCA for a CCA they closed the account saying that the original creditor did not have one, therefore there's no sighned CCA by me which should mean I never even gave the original creditor permission to check my file as they don't have a signed CCA.

 

The reason for the check on my file is that they sent a letter to me at my address asking if I was MR xxxx xxxx with my first name mis-spelt by one letter, I told them that the person does not live at my address, that's when they did the check on my file to get my correct name I guess.

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Lowell searched my credit file twice in 11 days! think they are just trolling for old debts.

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