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Robinson Way Credit file search


Longwaydown
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Hi chaps - a bit of advice please!

 

RW have recently taken over the job of harrasing me after AIC got bored. They have taken it upon themselves to do a search of my credit file - are they actually allowed to do this without my consent?

 

It's not yet clear whether or not they have bought the debt from Lloyds, but even so, I thought they'd have to ask permission first?

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Paragraph 6 Section 2 of the DPA 1998 states that they can search credit reports if they have a legitimate business interest and don't in those circumstances need your permission. However, that is only if they own the debt and are the data controller for it. If they are only acting as a collection agent they are not a data controller and have no right to be anywhere near your credit reports. Also, if the account has been in dispute for some time, the passage of time diminshes their right to search your records eg if they searched your records 2 years after the account had been put into dispute, the ICO would want to know why they felt there was a legitimate business interest to search your records after a lengthy dispute.

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Thanks Pinky

 

I'll send them a letter asking if they now own the alleged debt. The original dispute was with Lloyds and was put into dispute in January 2009 so if they don't own the debt I'll have words with the Information Commissioner's office.

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This is the letter I'm planning on sending tomorrow - any views?

" I refer to your recent letters, the contents of which I note.

 

You may be aware that this account is currently in dispute as your clients do not have an enforceable agreement.

 

I understand that you have conducted a search of my credit file which, as you are not a data controller for the account, means you have contravened S2 of the Data Protection Act 1998. The only circumstances for you to legitimately search my credit file is if you own the account. If this is the case, please confirm. If you cannot confirm this is the case, a report of this incident will be sent to the Information Commissioner’s Office.

 

I look forward to your written response."

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  • 2 weeks later...

They probably haven't read your letter. They just ignore what they want to ignore. I would send the letter to their complaints deprtment at the address you have for them and mark it at the bottom "Cc Office of Fair Trading Licence Fitness Department." That will waken their ideas up. As for the letter you just received, you can file it without reply.

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