HFO Services now using e-consumerview reports to 'encourage' payment

[coledog]

It would appear that HFO have a new strategy which is to send out a letter threatening legal actiion and bailiffs (among other things) in 3 days if you don't ring them. Attached to these are credit reports from Experian e-consumerview service only available to customers with a valid credit license. I have had a look at the e-consumerview site and it has Terms and Conditions plus an 'idiots' guide to the Data Protection Act attached (which I am sure even HFO can understand). I have only skimmed this briefly to try and find out how Experian and HFO can justify this behaviour - someone with more brain power than me needs to have a look at these and I will post the links below.

 

From my dealings with Equifax, I think that the justification is that the 'customer' is party to a contract (credit agreement) and therefore the CRA is are depending on the paragraph below in the Data Protection Act. However they very rarely can produce a valid contract? The customer has certainly not given their consent.

 

 

 

What conditions do I have to

meet if I process personal data?

It is a key principle under the 1998

Act that personal data can only be

processed if certain conditions are met.

These are where:

• The individual has given his or her

consent to the processing

• The processing is necessary for the

performance of a contract where

the person concerned is one of the

parties to the contract

• The Data Controller is legally

obliged to process the data

• The processing is necessary to

protect an individual’s vital

interests*

• The processing is necessary for the

administration of justice or other

functions on behalf of the Crown

or a Government department

• The processing is necessary for

pursuit of the legitimate interests

of the Data Controller or a third

party to whom the data is

disclosed, except where the

processing is unwarranted because

it may prejudice the rights or

legitimate interests of the

individual.

* The vital interests of a subject

 

The links to the site T&C are:

http://www.uk.experian.com/e-consumerview/cs_frameset.html?92_terms.html

[dadofholly]

It would appear that HFO have a new strategy which is to send out a letter threatening legal actiion and bailiffs (among other things) in 3 days if you don't ring them. Attached to these are credit reports from Experian e-consumerview service only available to customers with a valid credit license. I have had a look at the e-consumerview site and it has Terms and Conditions plus an 'idiots' guide to the Data Protection Act attached (which I am sure even HFO can understand). I have only skimmed this briefly to try and find out how Experian and HFO can justify this behaviour - someone with more brain power than me needs to have a look at these and I will post the links below.

 

From my dealings with Equifax, I think that the justification is that the 'customer' is party to a contract (credit agreement) and therefore the CRA is are depending on the paragraph below in the Data Protection Act. However they very rarely can produce a valid contract? The customer has certainly not given their consent.

 

 

 

What conditions do I have to

meet if I process personal data?

It is a key principle under the 1998

Act that personal data can only be

processed if certain conditions are met.

These are where:

 

•

The individual has given his or her

consent to the processing

•

The processing is necessary for the

performance of a contract where

the person concerned is one of the

parties to the contract

•

The Data Controller is legally

obliged to process the data

•

The processing is necessary to

protect an individual’s vital

interests*

•

The processing is necessary for the

administration of justice or other

functions on behalf of the Crown

or a Government department

•

The processing is necessary for

pursuit of the legitimate interests

of the Data Controller or a third

party to whom the data is

disclosed, except where the

processing is unwarranted because

it may prejudice the rights or

legitimate interests of the

individual.

* The vital interests of a subject

 

The links to the site T&C are:

 

http://www.uk.experian.com/e-consumerview/cs_frameset.html?92_terms.html

 

 

This is straight off the consumerview site.

 

The information accessible via Experian is provided to you on the understanding that you are familiar and compliant with data protection law, and that you are using and processing data in an appropriate manner.

Our obligations

As a data provider, Experian is obliged to:

• Fully comply with the law;
  
• Ensure its data is kept accurate;
  
• Employ appropriate quality control procedures;
  
• Take all reasonable steps regarding appropriate access to the data by third parties.
  

Your obligations

As a data buyer and processor, you are obliged to:

• Be familiar with the laws affecting data;
  
• Process data in an appropriate manner.
  

If you decide to purchase information from Experian, you are also obliged to adhere to our Terms and Conditions

 

 

[DonkeyB]

subbing

[dadofholly]

This is from econsumerviews Terms & Conditions.

 

Sounds like somebody has breached them.

 

This is the grounds for complaint.

 

4. Copyright and confidentiality

1. All of the intellectual property rights (including copyright and database right) in the information belong to us or our licensors. You will not own any of the intellectual property or have any rights to own the intellectual property.
   
2. You may only use the services for the purposes of your business. Unless required by law, you must:
   
   • keep the information strictly confidential;
     
   • not publish the information;
     
   • not give the information to anyone else;
     
   • only give the information to your officers or employees (or both) who need to know or use it (you must make sure that your officers and employees meet these confidentiality conditions); and
     
   • not copy, distribute or commercially exploit the information unless these conditions allow you to.
     

[*]You must not use, or allow others to use, the services or information (or both) to provide authentication, fraud prevention or any other information-based services to anyone else. This restriction does not prevent you from sharing the information with your company group members but you must make sure that they follow the confidentiality conditions.

[dadofholly]

And also this

 

Does the highlighted section mean they need to hold a credit licence? or just be registered under DPA?

 

11. Following the law

1. Both of us agree that, in relation to providing and using the services (as appropriate), we will both follow all relevant legislation and regulations. These include:
   
   • the Consumer Credit Act 1974;
     
   • the Data Protection Act 1998 (including the Data Protection principles);
     
   • all amendments to the above Acts; and
     
   • any regulations or requirements made by any governmental authority or equivalent body.
     

[*]You agree to hold all the necessary registrations and licences. Whenever you want to use the services, you must get permission from the relevant person using wording proposed by us (if any). If you fail to get this permission, you must not use the services on behalf of the relevant person.

[PGH7447]

Are you a customer of HFO?

---------------

Data relating to your customers.

 

You need to submit personal data about your customers so we can provide our services through this Web site. We will check the details that you supply about an individual against the particular information about that individual held on any other databases to which we have access, whether public or not. We will also retain those details to be used in the future to assist other companies for verification purposes. A record of each search will be retained.

 

A simplified guide to the Data Protection Act 1998

 

---------

 

If not then how can they request info about you?

[coledog]

not copy, distribute or commercially exploit the information unless these conditions allow you to.

 

Surely this covers attaching this data to a threatening letter?

[DonkeyB]

Great work, DoH. Think you have them by the nadgers on this one.

[coledog]

Important if you have one of these reports

 

Link below to the e-consumerview complaints page for anyone who has received one of these reports. I would suggest that you register a complaint along the lines of (amend to suit):

 

'I have received a letter (dated...) from a company called HFO Services Ltd who claim that I owe them money for a debt. This letter states that they will (expand on threats......) unless I contact them within 72 hours. Attached to this letter is a credit report on myself which HFO have obtained from your service.

 

I am not aware that I have any financial relationship with HFO or any obligation to them and they have not offered any proof of this. I wish to complain, in the strongest possible terms, about the actions of this company and their use of my data in this way.

 

Can you confirm to me that this company are eligable to obtain my data from your service and are abiding fully with your terms and conditions and the Data Protection Act'

 

http://www.uk.experian.com/e-consumerview/cs_frameset.html?92_complain.html

[babybear39]

I had an amoeba from the leeds losers on the phone the other day reading from my credit file from Experian! The 'account' was a ghost apparently and they have thousands of them from freemans.com.

 

Oh does it feel good knowing I can sue an 'OC', DCA and a CRA over an account I never had and that is 'apparently' a very costly mis trace for them All for the sake of £177 which will become SBd on the 28th, if it existed anyway, which it deosn't.

[coledog]

Yes BB

 

Information in credit reports is often not accurate and open to challenge. For a DCA or company to actually use this as a form of proof or to justify threatening behaviour is totally unacceptable and must be brought to the attention of these providers and the authorities.

[babybear39]

One of the reaons I challenged lowlifes was because they had my DOB, which freemans.com didn't. Strange that isn't it...NOT!

[batleyboy]

Hi !

 

Heres my weight to the case! thanks!

 

http://i854.photobucket.com/albums/ab110/batleyboy1/p1.jpg

http://i854.photobucket.com/albums/ab110/batleyboy1/p2.jpg

http://i854.photobucket.com/albums/ab110/batleyboy1/p3.jpg

http://i854.photobucket.com/albums/ab110/batleyboy1/p4.jpg

http://i854.photobucket.com/albums/ab110/batleyboy1/p5.jpg

http://i854.photobucket.com/albums/ab110/batleyboy1/p6.jpg

 

 

hope it helps! subbin to keep abreast!

[dadofholly]

Hi BB

 

I have never seen anything like that before - allthough difficult to see all the detail it leaves little to the imagination.

 

That is pure intimidation - it can not be construed any other way.

 

Have you reported this?

 

If not you must.

[the_shadow]

Hi BB

 

I have never seen anything like that before - allthough difficult to see all the detail it leaves little to the imagination.

 

That is pure intimidation - it can not be construed any other way.

 

Have you reported this?

 

If not you must.

 

Agree 100%, theyre certainly thorough!

 

S.

[batleyboy]

Hi BB

 

I have never seen anything like that before - allthough difficult to see all the detail it leaves little to the imagination.

 

That is pure intimidation - it can not be construed any other way.

 

Have you reported this?

 

If not you must.

 

 

 

Oh yes its gone to everyone, have crime ref number, OFT case number and trading standards.

[coledog]

Yes BB

 

Can you please send it to the Experian as explained in post # 9 above?

[batleyboy]

Yes BB

 

Can you please send it to the Experian as explained in post # 9 above?

 

More than happy to! will send tomorrow!

[coledog]

Cheers:wink:

[dadofholly]

More than happy to! will send tomorrow!

 

Be helpfull if you could pop back every now and again and let us know what kind of responses you are getting from those you complain to.

 

All the Best.

[bsj]

Important if you have one of these reports

 

Link below to the e-consumerview complaints page for anyone who has received one of these reports. I would suggest that you register a complaint along the lines of (amend to suit):

 

'I have received a letter (dated...) from a company called HFO Services Ltd who claim that I owe them money for a debt. This letter states that they will (expand on threats......) unless I contact them within 72 hours. Attached to this letter is a credit report on myself which HFO have obtained from your service.

 

I am not aware that I have any financial relationship with HFO or any obligation to them and they have not offered any proof of this. I wish to complain, in the strongest possible terms, about the actions of this company and their use of my data in this way.

 

Can you confirm to me that this company are eligable to obtain my data from your service and are abiding fully with your terms and conditions and the Data Protection Act'

 

http://www.uk.experian.com/e-consumerview/cs_frameset.html?92_complain.html

 

I'll amend my copy as they not only had my chicks credit report,i strongly suspect they did a search on mine as they got my ex-directory number.

Although i think they already know they have broken data protection,as they did'nt send my chick a copy of their report they said during the first phone call they had it in front of them and the credit rating was'nt to bad,beggars belief.

[DonkeyB]

That is just disgusting. I’ve always known HFO/TR’s business model was amateur, shambolic and disingenuous at best, but to use such blatantly intimidatory tactics is beyond the pale. When we dared to put anything remotely personal about their staff on the forum, they were on to CAG in no time, complaining.

 

What’s good for the goose...

 

... reckon it will take me all of 15 minutes to find out where they all live. If only there was somewhere I could post that info...

[patrickq1]

post it here donki hehe let alice know we know where you live doh

[DonkeyB]

Don’t think so, Patrick. It would be the wrong thing to do. That’s what sets us apart from them and their hypocritical, nay immoral and possibly intimidatory, business methods.

[sillygirl1]

What a blatant misuse of OUR data by HFO. This alone should be the final nail in their coffin....

 

I am still very reluctant to enter info to Experian to get a credit report as I know the data is inaccurate, getting it accurate and correct will take a lot of hassle.

 

I think the government would be doing the entire country a favour by stopping Experian take on or SELL any more data until half the files have been examined, if more than 10% of these files are wrong then the whole system should be closed down - but of course nobody will.