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  #21  
Old 03-02-2008, 05:11 PM
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I have never seen this before
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  #22  
Old 03-02-2008, 11:51 PM
thephoenix thephoenix is offline
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awesome thread
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  #23  
Old 04-02-2008, 05:09 AM
powerful_rogue powerful_rogue is offline
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Quote:
For these purposes the Fair Obtaining clauses is a generic term used by the industry to describe the Data Protection clauses that advise consumers what a lender and a credit reference agency will do with their data.


They also cover the matter of obtaining consent from consumers for the uses so described. Inadequate or incomplete clauses may prevent an organisation from accessing or using data - either their own or that held at credit reference agencies.
I'll be having a read up on this, as this also seems really important. Should tie in nicely if I get the reply in writing from the ICO in which I was told over the phone.
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  #24  
Old 05-05-2008, 08:48 AM
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*Subscribing*
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  #25  
Old 03-07-2008, 01:17 PM
redsue redsue is offline
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any more on this yet?
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  #26  
Old 11-08-2008, 09:03 PM
sparkie1723 sparkie1723 is offline
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Here’s a big argument to put to all CRA’s, They claim that they are impartial and make a big deal about it and claim they do not take sides, then;

When an individual data subject tells them that the information of their credit is wrong and it is causing the damage because there is no agreement for the information to be supplied about and under, Why do they always take the “word” of the supplier of that incorrect data when the ICO says;



It is important to note that by virtue of (a) above it is not enough for a data controller to say that, because the information was obtained from either the data subject or a third party, they had done all that they could reasonably have done to ensure the accuracy of the data at the time. Now data controllers may have to go further and take reasonable steps to ensure the accuracy of the data themselves and mark the data with any objections. The extent to which such steps are necessary will be a matter of fact in each individual case and will depend upon the nature of the data and the consequences of the inaccuracy for the data subject. This approach exceeds the requirements of the Fifth Principle in the 1984 Act.

Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed.

Is the lender prepared to take court action if not why not?

By not ensuring there is a lawful agreement to support the data/default and by not removing the entry they are not impartial, they take the word of one over another without proof. That’s a lie then isn’t it?

sparkie

Last edited by sparkie1723 : 11-08-2008 at 10:50 PM.
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  #27  
Old 19-07-2009, 09:54 AM
maybelline maybelline is offline
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Any default record should be accurate. We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default. We would also expect a lender to be able to produce evidence to justify a default record they had placed on a credit reference file. Not having any supporting records may indicate a breach of the data protection principle requiring personal data to be adequate, relevant and not excessive for the purpose for which it is processed.

Is the lender prepared to take court action if not why not?

By not ensuring there is a lawful agreement to support the data/default and by not removing the entry they are not impartial, they take the word of one over another without proof. That’s a lie then isn’t it? ------


thats pretty much where I am at - 'if not, why not' and I waiting for my reply from ICO on this very question, to my mind it simply is not good enough for a lender to send a piece of a4 paper with all kinds of rubbish written on it, and to expect a court to say ok, that must all be true then, if so, please give me your address, your lordship so I can write to you and say you -

Dear Your Lordship

a/c no 99999999999

as of 2001 you entered into an agreement with me Dodgy Lender and Co whereby you promised to pay me 1,000,000 every month without fail, you are now in default of this agreement, so I am asking th
e courts to repossess your home to give me the sum due,

so that covers that then!!!

'We normally expect a lender to keep records that are necessary to show an agreement exists and to support filing a default.'
LOL
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  #28  
Old 19-07-2009, 09:57 AM
maybelline maybelline is offline
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Is the lender prepared to take court action if not why not?
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