Nationwide PPI

[pookeymonkey]

Hi Orfoster,

reading this with interest as I am in a very similar position! Mine relates to an overdraft that was defaulted, but have written to the Data Protection Team at Nationwide twice asking for proof that they had my permission to share my information with any third partyand have had no reply. Where will you be sending your latest letter and would you mind if I base my next letter to them on yours? So annoyed about this as this is the only bad thing left on my credit rating and has another 14 months to go if I leave it to drop off naturally.

Best wishes,

Pookey

[orfoster]

Hi there,

Yes I've already sent my letter and had a response from their complaints department saying "no change in our position" I last night sent a complaint to the ICO based on the same I've used for a similar complaint about Lloyds (they upheld my complaint) and I have an ongoing court claim against Lloyds, one of the issues is Bank Charges and is a BCOBs claim and I'm amending my claim shortly to include DPA breaches. Of course use my letter, anything I post is free to be used.

[orfoster]

Hello,

 

Ok I've been doing some research on the issue here is what the ICO says;

 

The conditions for processing are set out in Schedules 2 and 3 to the Data Protection Act. Unless a relevant exemption applies, at least one of the following conditions must be met whenever you process personal data:

 

The individual who the personal data is about has consented to the processing.

The processing is necessary:

- in relation to a contract which the individual has entered into; or

- because the individual has asked for something to be done so they can enter into a contract.

The processing is necessary because of a legal obligation that applies to you (except an obligation imposed by a contract).

The processing is necessary to protect the individual’s “vital interests”. This condition only applies in cases of life or death, such as where an individual’s medical history is disclosed to a hospital’s A&E department treating them after a serious road accident.

The processing is necessary for administering justice, or for exercising statutory, governmental, or other public functions.

The processing is in accordance with the “legitimate interests” condition.

 

So far so good, they never had my consent to process information because I never signed or received any agreement. All of their system notes etc don't mention ANYWHERE the account number shown on any of the default notices and the account shown on my credit file BUT it then goes on to say;

 

The Data Protection Act recognises that you may have legitimate reasons for processing personal data that the other conditions for processing do not specifically deal with. The “legitimate interests” condition is intended to permit such processing, provided you meet certain requirements.

 

The first requirement is that you must need to process the information for the purposes of your legitimate interests or for those of a third party to whom you disclose it.

 

Example

A finance company is unable to locate a customer who has stopped making payments under a hire purchase agreement. The customer has moved house without notifying the finance company of his new address. The finance company engages a debt collection agency to find the customer and seek repayment of the debt. It discloses the customer’s personal data to the agency for this purpose. Although the customer has not consented to this disclosure, it is made for the purposes of the finance company’s legitimate interests – ie to recover the debt.

 

The second requirement, once the first has been established, is that these interests must be balanced against the interests of the individual(s) concerned. The “legitimate interests” condition will not be met if the processing is unwarranted because of its prejudicial effect on the rights and freedoms, or legitimate interests, of the individual. Your legitimate interests do not need to be in harmony with those of the individual for the condition to be met. However, where there is a serious mismatch between competing interests, the individual’s legitimate interests will come first.

 

Example

In the above example, it is clear that the interests of the customer are likely to differ from those of the finance company (it may suit the customer quite well to evade paying his outstanding debt). However, passing his personal data to a debt collection agency in these circumstances could not be called “unwarranted”.

 

Finally, the processing of information under the legitimate interests condition must be fair and lawful and must comply with all the data protection principles.

 

Example

Continuing the above example, the finance company must ensure that the personal data it passes to the debt collection agency is accurate (for example, in the known details of the customer’s identity); that it is up to date (for example, in the amount outstanding and the customer’s last known address); and that it is not excessive – the agency should only get as much personal data as is relevant or necessary for the purpose of finding the customer and recovering the debt.

 

So are they saying that EVEN if I have never consented that they could argue they had a legitimate interest to share my data?!

[pookeymonkey]

Hi Orfoster,

I think the legitamate interest argument, especially with the examples provided with the finance company, shouldn't stretch to sharing that information with credit reference agencies who then publish this information. Fair enough sending details of a disapeared debtor to a DCA (although I wish they couldn't!) as the DCA is going to use this info to trace the debtor, but cannot further share the information or publish it.

Anyway I'm about to find out I suppose as Nationwide has just confirmed that they have no copy of my signed application form consentin to them sharing my information, but by using the account I agreed to the terms and conditions. I had a lovely hour on the phone with Equifax today telling them that Nationwide did not have any permission from me to share information with third parties, to which I was told that Credit Refernce Agencies are not classed as third parties. not too sure about that!

Good luck with getting your default removed,

Pookey

[Lilythepink]

I asked for my credit card agreement, and one part I have signed, but on another sheet, I haven't signed. And they shared my information with all the CRA's.