Thank God for Lowell !

[profhell]

Ladies/Gents ..

 

About a week ago, I received notification from Equifax that a debt collection search has been carried out on my address.

 

Checking the alert out, the search actually relates to a previous occupant, and the reason for search is stated as Debt Collection.

 

To make matters worse, the individual in question has the same first name as myself, and the debt has been purchased from (you guessed it) First Direct.

 

Few questions: this individual's credit agreements appeared on my file for the last three years, and I have been unable to successfully file a disassociation with Equifax or Experian: they have requested my birth certificate, passport and driving license as identity evidence, in addition to the same documents from that individual, in a letter addressed to myself at the address. Needless to say I couldn't provide the latter: I have no relation with the man, bar that he has been a previous tenant, and I have no way to trace him. Question: is there any other way to get those accounts removed ? incidentally, 6 out of a total of 14 recorded accounts are defaulted, and it has well and truly made my life impossible.

 

Now to the search .. I contested that through Equifax, asking for the search trace to be removed, only to receive a reply back from Equifax stating that after investigation, Lowell are saying that the search is in order, and asking me to contact them on a phone number they have provided. Two questions: first: are debt collection searches visible to lenders assessing credit applications or do they only see previous credit application searches ? second: has anyone contested such searches before, and if so, is there any feedback on success/failure ...etc ?

 

Thanks very much ..

 

prof.hell

[2Grumpy]

Isn't this a data protection breach: providing financial details of some other person to you, and continuing to do it despite requests from yourself to stop it (ie sort themselves out). This sounds exactly like what the information commissioner was talking about this morning; big businesses having a cavalier attitude towards data protection.

 

Equifax is a data processor and is covered by the dpa. I think that some sort of legal action is in order. You have experienced losses because of their lack of action, storing incorrect data and providing that data to others when you have pointed it out to them that it is incorrect.

 

I think that you should be directing the first question to Equifax, as well as threatening legal action if they don't sort out this dpa violation. Also tell them that you want compensation for the losses that you have suffered because of their mal administration.

 

If the search is passed on to others, then you should insist on its removal.

Lowell has processed data about you without your consent and possibly causing you losses (dependent on the outcome of the above).

 

A dpa request to all of the jokers that appear in your credit report might be a good idea. If they provide it, they have committed offenses. If they don't have any data then why are Experian showing it. They want their cake as well as consuming it many times over.

[2Grumpy]

Looking at the information commissioners website (ICO – Information Commissioner's Office) in the faqs for the public, it says:

 

Q: I was refused credit, is there anything I can do? Under the Data Protection Act you can request a copy of your credit history file, which lists the loans, mortgages and credit cards you have and whether these have been paid on time. It will also show if the payment has gone into default or been satisfied. You can apply to one or all of the main credit reference agencies (Equifax, Experian or Call Credit). If any details on your file are incorrect you should go back to the person or organisation who has put this on your record and ask them to update their records.

Q: I think my personal information is wrong. Can I correct it? Under the fourth principle of the Data Protection Act, information must be accurate and up to date. If you feel that your information is not factually accurate (this is information that can be proven to be inaccurate and not an opinion of the person or organisation) you must contact the person or organisation that is holding this information and tell them you believe your information needs updating to be factually accurate under the Data Protection Act. If they fail to do this and your information still remains factually inaccurate you can contact the ICO.

 

and

 

Q: I think a data controller has breached the Data Protection Act. What can I do? Under Section 42 an individual has the right to make a complaint to the Information Commissioners Office.

Make a complaint - Data protection

 

So I think that you should do as it says:

 

1. Contact the organisations that appear on your credit reference and invite them to remove themselves forthwith. There is no need to do a SAR or send any money to do that.

 

2. You have already contacted Experian (I think asking for the other person's id is irrelevent & probably impossible, they would realise that), won't correct their mistake & continue to divulge another person's personal details to you (and also providing false information about you), so their data controller has breached the act. You should make the complaint. Maybe write to their data controller first to invite him to fix it before you do. As you have already written once, I would give a fairly short time for them to do so.