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  #1  
Old 05-07-2008, 07:12 AM
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Default On E xperians web page

Whilst searching for the down loadable form (still haven't found it) to send away for my statutory CR I came accross the following in their FAQs.

Quote:
Can I prevent Experian from holding information about me?

No, we have a legal right to hold information about people.

Credit reference agencies help lenders process credit applications. If we did not hold information about you it would be much harder for you to get credit. A good credit record makes it easier for you to get credit.
I challenged this to Mr H by email

Quote:
To my knowledge you have no 'legal right' to hold information about people, more custom & practice. Please provide me with the reference to the legislation or remove this mis-information and kindly confirm you have done so.
His response

Quote:
The information from our web-site is not incorrect and we will not be removing it. I would refer you to the fact that we hold information obtained from public record sources, such as the Electoral Roll and the Register of County Court Judgments.
My response

Quote:
Please provide the reference that gives you the 'legal right' to hold consumer data, I'm not saying you can't hold or share info in the the public domain, in my view the statement is misleading, you are not a Gov't agency, you have no legal powers and in fact you are a business making money from the storage & sharing of data.
His response

Quote:
Thank you for your e-mail received 30 June 2008.

When you say 'consumer data' I am presuming you are referring to the credit account information we hold. As I have already advised this is generally obtained with your consent. With regards to defaulted account data disclosure is qualified under the Tournier principles. (Tournier v National Provincial and Union Bank of England (1924) 1 KB 461, CA).

The case of Tournier v National Provincial and Union Bank of England set out four areas where a bank can legally disclose information about its customer. These principles still hold good today and are referred to in Section 11 of the Banking Code.

The statement is not misleading as we do have a legal right to hold certain information types. Therefore an individual can not prevent us from holding information in their name.
Any thoughts, my beef is that the quote is misleading and I think this is intentional.
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  #2  
Old 05-07-2008, 10:11 AM
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http://www.wiseconsumer.uk.experian.com/ scroll down to the bottom and start there.

This is the printable version http://experian.metafaq.com/resource...report/appForm

Last edited by Jster$$$ : 05-07-2008 at 10:15 AM.
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Old 05-07-2008, 10:26 AM
humbleman humbleman is offline
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Quote:
Originally Posted by frisp View Post



When you say 'consumer data' I am presuming you are referring to the credit account information we hold. As I have already advised this is generally obtained with your consent. With regards to defaulted account data disclosure is qualified under the Tournier principles. (Tournier v National Provincial and Union Bank of England (1924) 1 KB 461, CA).



Any thoughts, my beef is that the quote is misleading and I think this is intentional.
Fine but what gives the creditor the right to default an account, the credit agreement, which they haven't a copy of.
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Old 05-07-2008, 11:36 AM
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Quote:
The case of Tournier v National Provincial and Union Bank of England set out four areas where a bank can legally disclose information about its customer. These principles still hold good today and are referred to in Section 11 of the Banking Code.
nothing there that says CRA have the "legal right", this just means the bank can disclose, and we are the ones that give the permission to the CRA that they can tell others when we sign the binding agreement.

There is no legal reference here to say the CRA have the legal right by some law passed irrespective of our own choices, as they have stated or seem to state on their website? Yes missleading it should say you as a consumer have given us the right under what ever what ever part of your agreemnts .

They " CRA" merely are being given info from a party in an agreement.

thats my view anyway for what its worth.

Sorry had to edit this alot got my self confussed ??????
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Last edited by Hocuspocus : 05-07-2008 at 11:43 AM.
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Old 06-07-2008, 08:39 PM
sparkie1723 sparkie1723 is offline
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I am still trying to find the legislation that states the CRA Experian under this act of parliament has the legal right under this act to obtain/ pass/ share/collect/ divulge anyones and everyones personal, private and financial information to anyone it likes same with Equifax and Call Credit

Anyone found that yet????

spark
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Old 09-07-2008, 08:57 PM
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Quote:
Originally Posted by sparkie1723 View Post
I am still trying to find the legislation that states the CRA Experian under this act of parliament has the legal right under this act to obtain/ pass/ share/collect/ divulge anyones and everyones personal, private and financial information to anyone it likes same with Equifax and Call Credit

Anyone found that yet????
Guessing on what they will say, it's the CCA 1974 (or 2006) which regulates the agreement you sign with the bank and a core term of this is to pass your info on to whoever and whenever they like. By making a commercial agreement with a CRA, they become one of these 'whoevers'.
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Old 09-07-2008, 11:08 PM
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sadly if your neighbor becomes a data processor then the bank can share your details only thing to do is never sign another agreement. In 6 years the CRA's would start on a stand still situation apart from mortgages
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Anyone who wants to email me still go ahead but i won't be checking daily, more like weekly up the library.

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time for a life style change
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