CRA's & the Data Protection Act

[Pelasgus]

I have had a series of arguements with Experian over the past few months concerning (a) inaccurate or incomplete data and (b) objecting to the processing of data without consent.

It is (b), the second leg of the arguement, that at the moment I am trying to resolve:

Experian were put on Notice that, at least, two creditors have not my consent to process data. (My contentions with the creditors is irrelevant at this stage for the purposes of my arguement with Experian, albeit connected). Experian submits that it is sufficient for them to ask their clients that they have consent to process the data. My submission, on the other hand is that Experian as Data Controllers are under the same obligations as any other Data Controller under the Data Protection Act and that liability is joint and several. So, if they are put on Notice that their client has no consent to process data then it is not sufficient for Experian to ask their client if the data is correct but the have the legal responsibility to check and ensure that those contetted consents exist. (Remember that this arguement is simply restricted to when CRA's have been given formal Notice by the subject that their clients have no consent to process data - it has nothing to do with the accuracy or otherwise of that data).

Experian insists that the Information Commisioner has, effectively, given them a free hand to process anything that comes on their way and thus the interpratation of the Act for the CRA's is not as strict as to other Data Controllers because they provide a needed service to the banks and they have the banking of the Information Commissioner.

I disagree and I am chalenging the Information Commissioner on the specific point of arguement that I have with Experian. I do beleive that if CRA's are formally advised that consent to process does not exist they have a minimum obligation to ensure that it does. I am quite prepared to challenge this in court.

I would be very grateful therefore of any help, directions and support anyone cam give me on this matter.

Thank you.

[craigers]

Good luck! I don't think anything will stop the CRAs unless there is a significant change in the law. At present its all too vague and creditors and the CRAs can manipulate things. We really need to see new legislation which lays out when and what information can be shown on a CRF.

[Pelasgus]

Thank you. I am giving it a try and I will keep things posted

[GhostDebt]

Might also be worth having a look over the thread below.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/196312-invalid-default-notices.html

 

Regards

[alisindebt]

Good luck! I don't think anything will stop the CRAs unless there is a significant change in the law. At present its all too vague and creditors and the CRAs can manipulate things. We really need to see new legislation which lays out when and what information can be shown on a CRF.

 

Unfortunately, I find myself in the same position. Having written off two debts:

 

Firstly, I have an account allegedly with MBNA/Abbey/Lowells. It was written off due to the fact that the original CCA was lost. However, the debt is still registered on experian, etc, who refuse to remove it.

 

Secondly, an account with CapQuest, originally with Egg, written off due to a prior dispute with the OC.

 

Still they are registered on my CRAs.