Credit Agreements and Data Protection Act

[stiffnuts]

Anyone with expertise in the DPA assist with the following.

 

Can you make a section 7 DPA request with reference to your credit agreement. (Totally forget about the consumer credit act 1974).

 

I appreciate its a manual record and the requirements may therefore differ.

 

Anyone know?

[tbern123]

Anyone with expertise in the Data Protection Act assist with the following.

 

Can you make a section 7 DPA request with reference to your credit agreement. (Totally forget about the consumer credit act 1974).

 

I appreciate its a manual record and the requirements may therefore differ.

 

Anyone know?

 

Here is a link for section 7 for people to read

Data Protection Act 1998

[JonCris]

What is being stated is that companies instead of constantly hiding behind the DPA & referring you to the CRA they used are required to tell you why you have been refused credit or for that matter any other service.

[tbern123]

What is being stated is that companies instead of constantly hiding behind the Data Protection Act & referring you to the CRA they used are required to tell you why you have been refused credit or for that matter any other service.

 

Jon, have you answered a question from another thread... What stiffnuts is saying is, taking the CCA out of consideration do DCA's have to provide copies of agreements under the Data Protection Act.

 

In relation to what you have said though... Each company uses a difference method to first credit score people, then credit search them...

 

Anyway, most companies have a minium limit when performing a credit score for example, three years is the magic number for time with employer, time with bank and time at address. They don't fully disclose how they do it as it would make it easier for people to cheat the system....

[JonCris]

The simple answer is yes they do.

A Data Protection Act request should illicit ALL documents/records, including agreements, forms, letters, emails, memos, computer records which relate to you & your dealings with the company. I would however suggest that it's important, for the avoidance of doubt, a specific mention is made regarding the agreement in the DPA request.

 

As to the other yes they may not disclose how they reach their decisions but it appears they should if demanded & not pass the buck by quoting the DPA (how ironic is that) & referring the subject to the CRA

[sarahpp]

The simple answer is yes they do.

A Data Protection Act request should illicit ALL documents/records, including agreements, forms, letters, emails, memos, computer records which relate to you & your dealings with the company. I would however suggest that it's important, for the avoidance of doubt, a specific mention is made regarding the agreement in the Data Protection Act request.

 

As to the other yes they may not disclose how they reach their decisions but it appears they should if demanded & not pass the buck by quoting the DPA (how ironic is that) & referring the subject to the CRA

 

Agreed- the request would have to be made as a Subject Access Request with the pre-requisite £10 fee enclosed. I have found out some useful information which I wasn't expecting to when sending SARs.

 

It begs the question really, if the DCAs are expected to abide by original agreements, why they hardly ever already have them on file even when the debt has been sold to them and continually have to approach the original creditor for the documentation.

[stiffnuts]

Agreed- the request would have to be made as a Subject Access Request with the pre-requisite £10 fee enclosed. I have found out some useful information which I wasn't expecting to when sending SARs.

 

It begs the question really, if the DCAs are expected to abide by original agreements, why they hardly ever already have them on file even when the debt has been sold to them and continually have to approach the original creditor for the documentation.

 

Following on from this then the agreement would have to be sent with your signature as this would be classed as persoanl data. However Would there be an issue of whther the agreement was stored in a relevant manual filing system?

[sarahpp]

They should send you everything they hold if that is what you request. Information held on microfiche has been deemed relevant as well by the ICO.

[JonCris]

Following on from this then the agreement would have to be sent with your signature as this would be classed as persoanl data. However Would there be an issue of whther the agreement was stored in a relevant manual filing system?

 

The Durrant ruling made a mockery of the DPA & is considered by most as bad law & data controllers have been advised not to rely on it The view appears to be emerging that most if not all systems are relevant for the purposes of the act