Just a quicky

[thepalace1]

Just a quick question (if indeed the answer is quick I don't know)

 

If, as is stated, that the Credit reference agencies are bound by the Data Protection Act 1998, then why is it not as simple to just request they remove data they hold against you!

 

Simply question, now for some answers if you could oblige.

 

Mnay thanks....

[liquidauctions]

CRA's like to play pass the buck! If you tell them to take data down then they will say ask the person who sends the data to do that. If you have CCJ's, IVA's or bankruptcies then they are allowed to hold that data as it is in the public domain. I have never seen or heard of a single case where someone forced the CRA's to delete all data (except automatic process requests which just stops computers making lending decisions)

CRA's dont touch anything unless told to do so by either data controllers or the ICO

[thepalace1]

Thanks for that, but in theory, they should remove your data if requested (apart from ccj's etc etc) or they are contravening the DPA. Is that correct.

 

Why can't I just go my local county court and issue proceedings against them to have it removed, Is there any other Act or legislation stating they can hold onto this data.

 

If they are a data controller, and I request as data subject, that my details held with them are deleted, how would I not win if I went to court to order them, I can see nothing, unless there is some other law allowing them to keep hold of it.

 

I would be willing to go to the court tomorrow and start a test case, If anybody would be willing to back me with help (I'll do the financial side)

Edited February 10, 2011 by thepalace1

[liquidauctions]

If you tell me exactly what needs deleting then I can provide an accurate answer

[Surfer01]

Question is if you have paid the debt and there is no longer a contract between the original supplier of the finance and yourself, how can the CRA still show that there is a default registered against you or that there were late payments?

[thepalace1]

If you tell me exactly what needs deleting then I can provide an accurate answer

 

Hi liquidauctions, nothing specific in its self, just a query about why the CRA don't delete data when requested, and what ACTS they can successfully rely upon in their defence,

 

Is there anything that states anywhere that they can hold onto and keep processing my data, if I remove my consent.

[liquidauctions]

If you have ended your relationship with the bank etc who have been updating your credit file just SAR the bank and find a mistake (the most common is getting charged for a default notice) and complain and get them to take down the default, ensure that you state you have had hardship as a result and you should be ok. CRA's cannot legally hold your data once an account has been terminated as they rely on wording from your credit application that states "we will pass your information to a credit reference agency". If debt is outstanding then your relationship is not terminated untill all debt is satisfied. To save alot of headache talk to the lender if all is paid. If you have had adverse credit from an unregulated agreement such as a mobile phone then that is close to impossible to resolve unless there has been a genuine mistake on there part.

The only way you remove your consent is when your relationship is terminated. CRA's are hard to deal with and rather taking months fighting them, it is alot quicker to get the defaults etc removed from the lender.

[liquidauctions]

Question is if you have paid the debt and there is no longer a contract between the original supplier of the finance and yourself, how can the CRA still show that there is a default registered against you or that there were late payments?

 

They cannot legally keep data or defaults showing when a debt becomes paid, They say they keep it for 6 years but that is not law just standard practice. You can have your defaults taken down. Write to the data controller of the lender, Tell them that your relationship is over and they do not have a right, nor did they reserve any right to keep processing your data once the account was terminated. Tell them that the default is causing severe hardship and must be taken down at once.

[Surfer01]

They cannot legally keep data or defaults showing when a debt becomes paid, They say they keep it for 6 years but that is not law just standard practice. You can have your defaults taken down. Write to the data controller of the lender, Tell them that your relationship is over and they do not have a right, nor did they reserve any right to keep processing your data once the account was terminated. Tell them that the default is causing severe hardship and must be taken down at once.

Thanks for the update.