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if you repudiate, don't you also

Guest HeftyHippo

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Guest HeftyHippo

lose all future rights and benefits from the agreement?


Doesn't that also include the right to, and benefit from, the processing of data?


Many of us are struggling to combat credit reference agencies. It appears that the DPA makes provision for a creditor to process data if involved in a legitimate contract.


Some argue that if the agreement is ended, then the consent to process data also ends, but there seems to be dispute about that.


If we argue that we withdraw our consent, they argue that they have a right to process data as part of a legitimate contract (to supply accurate data to CRAs.


If a lender loses all benefits from a contract when they repudiate, could it be reasonably argued that the benefit of using the data gained from the repudiated agreement and using it as part of a contract with another party (CRA) is also lost?


My understanding of a CRA/lender arrangement is that the lenders pay money for a credit file on an individual (either per report or as a annual subscription). As part of the arrangement, the lender has to agree to supply up to date information on an individual. If they don't supply timely info, they can't get info. (I may be wrong about all this)


The CRAs are in league with the lenders, we all know that, its a club. When when a lender accepts they can't get their money from us because they repudiated, they still report the defaults, claiming they have a right to, and the CRAs still supply that info, claiming the ICO takes a wide view of things and that it is in the good of many other lenders to have up to date info, and they do that for 6 years.


Without finding a way past the bad credit reports, we never truly win.

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