EQUIFAX SAR rEAD HERE !!!!!

[Curlyben]

Now this certainly sounds interesting..

Now once all the information is received, apart from obvious mistakes is there anything else that we can ask to be removed ??

I was thinking along the lines of numerous searches from companies, like insurance, that you haven't taken up for whatever reason.

[Bailiffchaser]

I am at the monment trying to do this as well.

[kennyparkroad]

i have read somewhere or someone told me that even if you get your £2 credit report and there are a lot of searches on there, you can write to those companies and ask them to PROVE you applied for credit, or remove the entries, and in the case of internet applications, you can simply say you never applied and they cant prove it, hence the searches get taken off your record! lol

[kennyparkroad]

ps - havent tried this yet, working on a 6k debt, and financial association, once thats done and dusted OR i get bitten in the backside and have to pay it, i will look into that further.

[Bailiffchaser]

Good idea anybody have another one ?

[Pen]

Hi, I have sent off a s10 to all 3 companys, so has a lot of other people on this site before, but sending a s10 will not stop them processing your information, there is a massive thread on this site already about this issue.

 

Pen

[Rhia]

PEN

An S10 should stop them processing your data. Can you point to a particular link which shows how it's not happening. This is illegal as you have withdrawn your consent and they should write back and confirm they have stopped processing.

I would think the only thing that could be done if they don't comply is to take them to court to stop them.

[Sparkie1723]

Section 10 of the Data Protection Act

Here is the full info given by the Information Commissioner legal guidance.

 

If an individual believes that a data contoller is processing personal data in away that causes, or is likely to cause, substantial unwarranted damage or substantial, unwarranted distress to them or to another, section 10 of the Act provides the individual has the right to send a notice to the data controller requiring him, within areasonable time, to stop the processing ( the data subject notice ).

 

This right to serve a data subject notice applies whether the individual objects to the processing taking place at all, or whether the objection relates to processing for a particular purpose or in a particular way.

 

When a data controller receives a data subject notice he must, within 21 days give the individual a written noticestating either :

* that he has comlied with the data subject notice, or intends to comply with it;or

* the extent to which he intends to comply with the data subject notice (if at all) the parts of the data subject notice he considers to be unjustified in any way.

 

An individual can only serve a data subject notice that relates to personal data that relates to personal data in respect of which he is the data subject. However an individual is not entitled to serve a notice if any of the first four conditions of the processing contained in Schedule 2 apply,i.e

* he has given valid consent to the processing ( although consent may be withdrawn);

 

* the processing is necessary for the taking of steps, at the data subjects request, with a view to entereing into a contract, or the processing is necessary for the performance of a contract to which the data subject is a party;

 

* the processing is necessary to protect the individuals vital interests ( i.e it is a life and death situation)

 

* the processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

 

It is for a court to decide in each case whether the damage os distress is substantial and unwarranted.

 

The Commissioner takes the view that a data subject notice is therefore, only likely to be appropriate where the particular processing has caused, or is likely to cause , someone to suffer loss or harm, or upset and anguish of a real nature, over and above annoyance level, and without justification.

 

So there you have it ..... a complete waste of space because to do anything with section 10 you've got to take the CRA to court, and that cost money and the CRa's have a B*****y sight more than us.

sparkie1723

[Pen]

Agree, i think thats the reply i got from my s10, i will look for the link and posted latter but honstly it is a complete waste of time.

Pen

[pford]

still won't work new guidance from the Information Commissioners Office on data sharing

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_%20agreements%20-%20data_%20sharing.pdf

[Sparkie1723]

The Data protection Act and the Information Commissioners Office makes me sick.

An individual has a default entered on his credit file and could be sometimes £200 to £500, and it stays there for SIX years and stops any further chance of getting any further financial help.

 

Someone who is made bankrupt for £50.000 can be clear in 3 yrs sometimes 12 months . the guy who has fell behind with some credit agreement because he's been ill or laid off work is punished for longer than a bankrupt.

So you see why I feel the Data Protection Act and the Information Commissioners Office are a complete waste of space....I've had A LOT of dealings with the Information Commissioners Office and can speak from experience.

 

sparkie1723

[pford]

The Data protection Act and the Information Commissioners Office makes me sick.

 

sparkie1723

 

 

let me think about this the banks and all the others pile loads of money into their point of view in their interest

 

 

 

damm right it not fair

[kennyparkroad]

thats why a lot of people when they fell the strain they go down the bankrupcy route.

 

its not fair, but sorry to say, its life.

[djdave]

I've knocked this up as a template for a full S.A.R - (Subject Access Request) on a CRA, any suggestions or comments:

 

 

Mr Data SUBJECT

123 My Road

My Town

My County

MY1 1XX

 

Today 2007

 

The Data Controller

That Credit Agency

Their Address

That Town

AB1 2YZ

 

By recorded delivery, reference XX 1234 5678 9GB

 

Dear Sir or Madam,

 

Subject Access Request

 

Under the Data Protection Act I am requesting a copy of all the data you hold about me, including but not limited to:

 

• Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

• Full details of any persons or organisations to whom you have disclosed my data; along with copies of any documents upon which you relied when you have provided my data to them.

• All data which may be relied upon for automatic decision taking.

• An up-to-date copy of my credit file.

• Copies of all communication between us by email or letter, as well as details of all telephone conversations between us.

• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.

• Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

• A detailed explanation of any abbreviations or terminology used in your enclosures.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable

 

I enclose cheque number xxxxxx / Postal Order number xxxxxxxxx for the statutory maximum fee of £10 and remind you that you have 40 days in which to comply.

 

 

Yours faithfully,

 

 

 

 

 

Mr Data Subject

[Sparkie1723]

Only thing I can suggest to add is Your Credit File Reference Number if you have got it.

 

I've got Equifax's own template that they send out, but can only send it as an E-mail attachment if you would like ...just e-mail your e-mail dress and I 'll send it to you. I'll PM you my e-mal address if you want it.

 

sparkie1723

[djdave]

You have a PM

[Guest ian cognito]

Someone who is made bankrupt for £50.000 can be clear in 3 yrs sometimes 12 months

 

Surely this raises a valid argument, this is the closest you can come to a comparison of how long data should be held, more than the DPA or 'industry standards', has anyone asked, specifically, what the ICO see as the difference between default data and bankrupt data?

[pford]

the same 6 years

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/bankruptcy_-_faqs.pdf

[Guest SWALEFOYER]

If you read these carefully bailiffchasers threads do make sense.

[Pen]

but if you read surleybonds thread on default hell you will see it's all been said before

pen

[Guest Mincemeat]

Just subscribing

[Sparkie1723]

I would like to pose a question for every one to really think about regarding defaults put on their files by banks etc. with CRA's.

Every citizen in the UK is led to believe in the very foundation of English law.."YOU ARE INNOCENT UNTIL PROVEN GUILTY IN A COURT OF LAW".

 

That is the foundation of all laws.

 

NOT with a default entry... you are stated to be by the Bank or who ever guilty of not paying a debt....BUT a court hasn't said so just the Bank They have put themselves above that very foundation of the law, that entry IS as damaging as any Court Judgement.. I KNOW that for a fact, ...I was a victim of an default entry that affected me for 4 years, and on the morning of my court hearing my defaulter admitted that the entry was wrong and they should not have put it there, ....what was done about it??? ....NOTHING.

 

sparkie1723