Can Mackenzie Hall run a credit check on me?

[Azazal23]

Recently had a letter from Mackenzie Hall regarding an upaid parking ticket, however I have run a credit check to day regarding a different matter and there is a record of them running a credit check?

 

Can this be done, i thought they would need my consent, is this not a breach of the Data Protecion Act

Edited April 13, 2011 by Azazal23

[harrassed senior]

If they are chasing a 'debt' then they believe they have the right to search your files. Under which heading did they search, as not all searches are visible to all.

[Azazal23]

they ran a credit check, where it said reason they entered outstanding debt. This is visable to any authorised creditor searching my file?

 

It is to do with an outstanding parking ticket not a credit agreement

Edited April 14, 2011 by Azazal23

[cerberusalert]

Is it a private parking ticket?

[Azazal23]

yeah in relation to parking in a retail park

[cerberusalert]

Well apart from the fact you have not entered into any financial agreement either with MH or the parking ticket company, the ticket is a speculative invoice and cannot be enforced.

 

Personally I would contact the credit reference companies and demand the searches be removed, send MH this; http://www.consumeractiongroup.co.uk/forum/content.php?411-Legal-notice-issued-under-Section-10-of-the-Data-Protection-Act-1980. and then make a complaint to East Ayrshire Trading Standards; http://www.east-ayrshire.gov.uk/item_detail.asp?UIN=1492 who have a rather large file concerning MacKenzie Hall.

[Azazal23]

MH has now reply saying inlight of my complaint they have deleted the enteries on my report and they will not persue me further regarding the alleged debt.

 

But can i now persue them for running an unauthorised credit check, I thought they could not run this type of check without consent.

 

I know they can run a search

[cerberusalert]

You can make a complaint to the ICO & TS.

[Azazal23]

I have in my initial correspondance asked for damages for the unauthorised access of my report, plus damages for defamation as they stated the reason for the search was an outstanding debt which they have now admitted is not the case.

 

If they deny my request i will submitt a county court claim.

 

Thanks for all your help, i will update as things progress

[twofoot]

Nice one and good luck.

[BRIGADIER2JCS]

Subbing

[NailPost]

You can always try and winning any sort of damages for defamation because they ran an authorised credit check might teach them not to do so readily in the future. But MHall have a tendancy to ignore all correspondence unless they contain cheques. Be ready for a battle.

[BRIGADIER2JCS]

I have contested these searches with MH and received payment

they stated the searches were ''inappropriate''.

[Blondmusic]

I have also contested searches from Mackenzie Hall and received financial compensation from them as their Outstanding Debt searches affected my credit rating.

[BRIGADIER2JCS]

If I remember correctly we were contesting these searches a around the same time

when MH were using searches at a huge rate.

[Azazal23]

Update to my thread, I am taking action aginst this company now for failing to removed these searches from mycredit record as agreed. Does anyone know if they have a UK office for service if not can anyone advise how to complete the N510 "service out of jurisdiction" form.

 

Cheers

[inkslinger]

subbing with interest........

[NailPost]

MHall have recently been taken over by an American firm but they are based in Scotland therefore do have an UK office for service of court papers. If they are trying to play silly beggars regards theior address and their liability under UK law then the attention of the relevant authorities must be drawn to it.

[BRIGADIER2JCS]

just google MH they are based in Kilmarnock, East Ayrshire.

[cerberusalert]

Mackenzie Hall Registered Office:

Portland House,

Unit 1A,

58 Portland Street,

Kilmarnock.

KA1 1JG

 

Company Registration No: SC255891

[jobmid]

oooo i would love to see MH taken to court

 

subbing

[Azazal23]

cheers, does anyone know how to complete the N510 there around 9 different options to tick??