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

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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

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

 

Surely this covers attaching this data to a threatening letter?

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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

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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.

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Yes BB

 

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

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Cheers:wink:

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The intention is to use this data for assessing benefit payments in future - which is a great worry if the data is not accurate and not everyone has the ability to access it.

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Bump - seem to be getting more people receiving these

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Bump

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Bump again - as some more recipients - below is a link to a post with a letter from HFO regarding one of these

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?258036-hfo-sent-photo-of-my-house.&p=3210288#post3210288

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Excellent - will do some research on this, thanks

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When did you give consent? Send this to ICO also

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Keep moaning, only way to get em - not miserable just a Grumpy

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Did I say old? Keep at it

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Bazooka

 

Update to the complaint letter I have suggested to the last poster as ICO expect a complaint to Experian prior to a complaint to them - I would like anyone who gets one of these to register this complaint and then take it up with OFT and ICO

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'

I am happy to forward you a copy of the letter and report for your inspection - I will be progressing this matter with the Information Commissioners Office and OFT

 

Link to web site

 

http://www.uk.experian.com/e-consume..._complain.html

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Yes Bazooka - fully agree, CRAs are a nightmare, I am hoping that by complaints against this inapropriate use of Experian reports we can make some headway as it is a mass abuse of personal data to impose threats to extort money - IMO. In my case it was Equifax who keep insisting they have done nothing wrong in allowing a DCA to reproduce my data but the published T and C for these Experian reports suggest a different view which needs to be exposed.

 

When you contact ICO they say that you must complain to the instigator, so this has to be done and I agree that you have to insist that ICO register your complaint and you get a number. It is quite hard work to be taken seriously!

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There are a few more people who have received these from HFO so I give them this link.

 

Anyone receiving one of these atached to a threatening letter needs to report to OFT, Experian and possibly ICO

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Quite agree Hillards, any abuse of Equifax reports should also be reported.

 

The key thing about e-consumerview is that to use this service, the customer must agree to certain Term and Conditions and Data Protection rules which are stated on the website, HFO have clearly been breaking these

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Make sure all this is reported to OFT - James Waldron

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Bumping this one again - can ANYONE who has ever received a copy of their Credit Report, Experian or Equifax, from HFO attached to a letter threatening acton, PLEASE submit a complaint to OFT even if you have done this before - DO it again please.

 

 

http://www.oft.gov.uk/contactus for the attention of Polly Ashford

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Good idea to 'remind' OFT of this little slip up but you can also report to the ICO! Did you also send a complaint to Experian at the time?

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Definately get an OFT complaint in ASAP, if nothing else. ..... http://www.oft.gov.uk/contactus for the attention of Polly Ashford

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And that goes for anyone else who received one of these!