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Unauthorised Credit File Searches


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Heres one for the DPA experts.

SWIMBO made an application for a loan to A & L just after New Year, she was declined........... (no surprise ther then).:D

 

Out of the blue she gets a phone call from Freedom Finance we can help etc etc.......... I dont want a secured loan she says........ ok they say sorry to have bothered you.

 

Couple of days later another phone call from Black Horse this bloke says "you have passed all our criteria and if you come down Friday to our office bring payslips bank statements etc we will do the application.

 

So SWMBO goes down to Black Horse's office and was told at the outset sorry you dont meet criteria not a home owner etc cant help.

 

She the logged on to Credit Expert to check her file that evening and was amazed to find that Black Horse had carried out no less than three seperate searches on her now the point is that she never actually made any application to Black Horse for any form of credit so are they allowed to do searches willy nilly? I suspect not and if I am right what can she do about it where can she complain?

 

Thanks all

 

Jon

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Heres one for the Data Protection Act experts.

SWIMBO made an application for a loan to A & L just after New Year, she was declined........... (no surprise ther then).:D

 

Out of the blue she gets a phone call from Freedom Finance we can help etc etc.......... I dont want a secured loan she says........ ok they say sorry to have bothered you.

 

Couple of days later another phone call from Black Horse this bloke says "you have passed all our criteria and if you come down Friday to our office bring payslips bank statements etc we will do the application.

 

So SWMBO goes down to Black Horse's office and was told at the outset sorry you dont meet criteria not a home owner etc cant help.

 

She the logged on to Credit Expert to check her file that evening and was amazed to find that Black Horse had carried out no less than three seperate searches on her now the point is that she never actually made any application to Black Horse for any form of credit so are they allowed to do searches willy nilly? I suspect not and if I am right what can she do about it where can she complain?

 

Thanks all

 

Jon

 

Simple. Just write to the CRAs with a printout showing the searches on them, and ask them to see supply you with a copy of the written authority from LloydsTSB requesting the search that has your signature on them.

 

Send a similar letter to LTSB (complete with copies of the pages showing the searches) and ask them for a copy of the authorisation from you granting the search. Tell them they have 14 days in which to provide the information.

 

If you have not granted permission, then they will both have nothing (they will probably not bother answering and hope you forget and go away... don't, stick to your timeline and see this out, as this is a serious offence by them).

 

If they do answer, or claim that it was a mistake, write to them that you consider such instrusive action to be a criminal breach of the DPA, and that they should consider a suitable level of compensation to avoid the matter being escalated to official levels.

 

Keep all correspondence calm, collected and factual without emotion or fluffing it up...plus the golden rules:

1) Keep copies

2) Send by recorded post or get proof of posting certificate at the PO

3) Fax and/or email AS WELL as posting.

 

Do this first, then post a reply here when you have any replies from either of them.... I'll advise as to your next steps.

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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  • 4 weeks later...

I had that happen with Welcome Finance - a big concern for me as my ghastly fraudster neighbours were still living nearby applying for credit using the details of just about every other person in the street!

 

I wrote to Welcome and they notified the CRAs themselves and sent me eveidence of this to retract the searches.

Bank and credit card reclaims - £9,806

Sainsburys CCA non-compliance with FOS;

Natwest reclaim of £340 in progress;

Egg credit card reclaim in progress

 

 

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I'm in similar situation, see my thread here, advice appreciated!

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/64344-unauthorised-credit-searches-equifax.html

 

Any news Jon?

 

Well as Sb suggested she wrote to CRAs then to Black Horse.

Experian said that they had contacted the Black Horse who then said the searches stood so nothing they could do:mad: .

Black Horse then replied that the searches where correct but as a gesture of goodwill they would remove two:roll:

She then contacted one of the chiefs at Black Horse by e mail and copied in the FSA and within 24 hours the other search was removed no reply to e mail no letter no nothing just removed the search.

So all in all a result:grin:

She still didnt get a loan though (Thank you God and all at Experian):-D

 

Jon

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  • 2 weeks later...
Well as Sb suggested she wrote to CRAs then to Black Horse.

Experian said that they had contacted the Black Horse who then said the searches stood so nothing they could do:mad: .

Black Horse then replied that the searches where correct but as a gesture of goodwill they would remove two:roll:

She then contacted one of the chiefs at Black Horse by e mail and copied in the FSA and within 24 hours the other search was removed no reply to e mail no letter no nothing just removed the search.

So all in all a result:grin:

She still didnt get a loan though (Thank you God and all at Experian):-D

 

Jon

 

The banks are non-apologetic ****.... you'll just have to get used to it. Unfortunately, they have been getting it their way for far too long, and detest the fact that the great unwashed in the street are starting to fight back.

 

"Let them eat cake", and all that jazz...although not Bastille Day - the launch of the glorious revolution against these scuzz-buckets... more like Bank-Steal day.

I'm often a sarcastic SOB and speak my mind (and I don't do PC at all), but I have a laugh as I go. I won't be intimidated, and I don't take prisoners... so live with it, or go get yourself a humour implant :p

 

Copy of Law book from Amazon…£19.95, Refund Request stamp...32p, LBA stamp...also 32p, Court fees...£750.00,

The look on the bank's barrister's face, when they lost the '£25k Mother-of-all unfair charges' cases...(plus his £8k+ of costs)... Priceless!

 

The legal bit: These are my opinions and own view of legislation and process. I accept no liability whatsoever for any outcome as a result of anyone invoking any or all of the advice given - clarify your own personal stuation with an insured legal professional.

Saying that, I've used these methods against many of these corporate crooks:evil: and won hands down!:D

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Out of interest, what would the next step be if the CRA's and/or the lender had not responded??

"If you owe the bank 100 pounds, you're the one with the problem. But if you owe a million pounds, the bank's the one with the problem."

 

Lord John Maynard First Baron Keynes of Tilton.

 

"If you owe the bank $100, that's your problem; if you owe the bank $100 million, that's the bank's problem".

 

John Paul Getty

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  • 1 year later...

this has also happened to me i applied with safestyle for finance on some windows I was refused by the first one and unknown to me when i got my file about 15 searches had been done i even got an agreement from blackhorse offering me a loan and the acceptence papers for 2000 i would not mind but this was not even the figure safestyle orginally applied for so this totally confused me i telephoned them as i thought someone was using my name in fraudenlent way. i will take your advice and try and have 14 of them removed.

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