Question re T Mobile default

[Ferru]

A couple of months ago, I phoned T Mobile and paid off the oustanding amount on my default. Unfortunately, they were unable to send me a letter confirming this transaction, due to computer problems. I then contacted Experian, and asked them to amend my credit file accordingly.

 

Experian contacted T Mobile, who eventually told them that I still had money owing on my account. I phoned T Mobile's customer services, but they said that all that was coming up on the screen was my name and address. They could not explain this, and suggested I write in. I then wrote to T Mobile, and their finance department said I have £30 outstanding.

 

Given that Customer Services were unable to retrieve information relating to my account, this suggests that some data corruption may have taken place in respect of my account. Would the Information Commissioner therefore be willing to instruct that all information relating to my T Mobile account be removed from the Credit Reference Agency records, as its accuracy is questionable?

 

Regards

 

Jeff

[calvi36]

Send a SAR as normal, find out what they do have on your data file before you do anything else.

[buzby]

Nope. They don't get involved to that degree. You would have to prove that the data they passed to the CRA was wrong. Since you don't dispute the default, the only issue is whether the amount was still outstanding or paid off (satisfied). Either way, the default would remain for six years regardless.

[calvi36]

Hi Buzby, the company have a data record on Ferru. As such when a Data Protection Act request is sent they must respond. This will then disclose the data held and any possible defaults. It will also detail all transactions for the account, if it does not then Information Commissioners Office complaint will be next. The only way to prove the data sent to CRA would be with an S.A.R - (Subject Access Request) as Ferru does not have any access to their files. This is clearly a breach of Personal data shall be accurate and, where necessary, kept up to date.

. Principle four of the information on ferru's account is covered in article four of the Data Protection Act. There are 8 principles on good information handling and if this has not been adhered to, ie, upkeep of billing information, up to date account information then this is a breach.

6. Personal data shall be processed in accordance with the rights of data subjects under this Act.

 

This is the right of each individual to have the information collected by the client company to be disclosed upon request. REF S.A.R - (Subject Access Request) and Data Protection Act, it is your right Ferru to have this information and unless you have it then it could be difficult to make any claim. If they have failed to store this info then a complaint to Information Commissioners Office may be merited.

[buzby]

I agree with your sentiment, but not the real world interpretation of how it works. For something as mundane as not complying with a SAR application, they get a reprimand, nothing more serious. In any event, I'm unclear as to the main thrust of your angst. Not getting the information your requested (and paid for?) is one thing, but this is not going to remove a default legitimately placed on the account. Since the default remains for six years, even if it is paid off - I fail to see what benefit you'll obtain from the route you've outlined.

[Ferru]

Thanks for your replies.

 

I am still waiting for my Subject Access Request to be processed (and I have a feeling I will continue waiting for some time!). However, if what they send me contains extremely limited information, then could I not argue that the information they have provided the CRA is unreliable as it cannot be corroborated, and that it therefore it must be removed from my record?

 

Regards

 

Jeff

 

I agree with your sentiment, but not the real world interpretation of how it works. For something as mundane as not complying with a S.A.R - (Subject Access Request) application, they get a reprimand, nothing more serious. In any event, I'm unclear as to the main thrust of your angst. Not getting the information your requested (and paid for?) is one thing, but this is not going to remove a default legitimately placed on the account. Since the default remains for six years, even if it is paid off - I fail to see what benefit you'll obtain from the route you've outlined.

[buzby]

You don;t appear to have responded to the section of my message you quoted. They cannot send you 'limited' information, they have to provide complete information on your dealings with the company, which usually means a screen 'grab' print out of all the pages available from their computer file, along with explanatory notes to allow you to decipher abbreviations used within the data. The scenario you outline wouldn't work, as corroboration is not required. They simply have to assert that the data is true.