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  #21  
Old 29-10-2008, 07:47 PM
spark1 spark1 is offline
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Received reply from Experian today, also enclosed was a copy of the enquiry form Experian sent to Booker Management, regarding the unrecorded searches, Booker Management stated their searches refer to a Loan, a defaulted loan from barclays. Can anyone pick the bones from the letter and enquiry form. One question, Booker Management broadcasted this information to Experian ? have they breached any kind of act ? See Below

Thanks Spark







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  #22  
Old 30-10-2008, 09:44 AM
sparkie1723 sparkie1723 is offline
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HI spark1

You do have a slight problem here in the facts of the searches, in that they did not show that explanation received from Booker on your credit file, as it is not seen by anyone both your libel (defamation ) claim is more than a bit rocky.

BUT..I believe you do have sufficient enough substance to form a claim against BOOKERS for unlawfully obtaining information about you, and a Breach of your Human Rights (invasion of privacy), and the DPA for the distress these searches have caused you

I also believe you have a claim against Experian for negligence in allowing a Breach of the Seventh Principle ....failing to protect your personal and financial information from being unlawfully obtained, which is a breach of the First Principle (unlawful processing)....that is also a breach of the European Convention on Human Rights ( right to privacy home life and personal corresondence.
Inform Experian that contrary to their interpretation of the Fourth Principle on damage and distress the Legal Guidance of the ICO states....
Quote.

"compensation for damage and/or distress is only available in limited circumstances, namely, as a result of:-

− a contravention of the Fourth Principle (accurate/up to date);

a disclosure made without the consent of the data controller; loss or destruction of data without the consent of the data controller; or, processing for the special purposes.

Notwithstanding the exemptions, data controllers remain under a general duty under the First Principle to ensure that processing is fair.

The above interpretation is the argument to use against Experians interpretation of section 13 of the DPA.
The Act states that if anyone suffers damage as a result of any contravention of the Act is entitled to compensation, ......if they have also suffered financial loss they are entitled to compensation for distress also.

BUT the above "quote"states that compensation is available for DISTRESS alone under 2 specific circumstances.
It’s the second one you have to concentrate on a disclosure made without the permission of the data controller.

The questionsto put to Experian are
1. Did they willingly and knowingly allow your details to be unlawfully obtained by Bookers by means of allowing complete open access to your file without your knowledge and consent .

2.Why had they not got “ the appropriate technical and organisational measures in place under the Seventh Principle to prevent unlawful access to your credit file and prevent the unlawful processing that took place on several occasions, ( processing under the Act now means obtaining information and data

That’s enough for now for you to digest.

sparkie

Last edited by sparkie1723 : 30-10-2008 at 09:51 AM.
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  #23  
Old 31-10-2008, 07:00 AM
spark1 spark1 is offline
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Hi Sparkie

Ive got all weekend to digest . Im still waiting on the SAR form Experian, you never know that might open a can of worms The complaint I started with ICO over Experian and Booker in still in process, the ICO is just waiting for more information from me, and the way things are going, there is plenty. If I can prove any of the above have breached the DPA, is there any reason good reason why I can not or should not take them to court for compensation for distress ?

Spark
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  #24  
Old 31-10-2008, 05:06 PM
spark1 spark1 is offline
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Hi Sparkie

I dont want to do your head m8, but would you be kind enough to have a look at the following stuff and give an opinion ? all your advice is well appreciated






request to experian


*** Web query ***
From: sparks wife
Ref No.: **********
Title: M
Forename: Spark
Surname: Wife

-----------------------------------------------------------
Subject: Linked addresses
Entry Number: B2, B3, B4, B5, B6, B7, B8, B9, B10, B11, B12, B13, B14, B15, B16, B17, B18, B19, B20, B21
Query: of all the address's listed on the above B numbers, I have only lived at :
*****************************************

and for the last 11 years + at my present address which is :
********************************************

please would you be kind enough to remove all the other address's as I have no connection with them what so ever. Thank You
-----------------------------------------------------------


Experians reply

Dear sparks wife

Thank you for your query received on 06 May 2008.

I note your comments regarding the linked address information and would advise that the incorrect entries recorded by GE Capital are causing the other incorrect linked addresses to be retrieved on your credit report.

In light of this I am writing to GE Capital for you. I will contact you as soon as they reply.

While I investigate your comments, I am adding the following statement to the entries you have queried.

"THE ACCURACY OF THIS DATA HAS BEEN DISPUTED BY THE INDIVIDUAL CONCERNED AND WE HAVE NOW CONTACTED THE SUBSCRIBER. CARE SHOULD THEREFORE BE TAKEN WHEN USING THIS ITEM OF DATA TO ASSESS THE CREDITWORTHINESS OF THE INDIVIDUAL CONCERNED."

I am telling all the companies that have searched your credit report in the last six months of the change to your information.

Your report will change in the next seven days. Please use this correspondence if you need proof in the meantime.

Yours sincerely

Miss Rachel Burt
Consumer Service Officer
CreditExpert

cc Booker Management Services, "Bank" - Current Accounts


I asked them again in an e-mail on the other thread !

Our Ref: *************

Dear sparks wife

Thank you for your email, which we received on 17 August 2008.


With regards to the linked address recorded by GE Capital, I trust that you are in receipt of our letter dated 3 June 2008 (never received a letter) stating that we had contacted them and they advised that the information was correctly recorded. We are therefore unable to remove this information from your credit report.

Kind regards

Mr Mark Bennett
Senior Consumer Service Officer
CreditExpert

Experian Limited, a company registered in England and Wales with registered number 653331 and whose registered office is at Talbot House, Talbot Street, Nottingham, NG80 1TH


Ask again !

----- Original Message -----
From: ****************
Date: 18 August 2008
Subject: Re: ***********

Hi Mark

Please can you forward me the proof what GE capital advised to you, that
links me with the address you have put on by credit report.

Thanks sparks wife


Experian reply !

Our Ref: *********

Dear ***********

Thank you for your email, which we received on 18 August 2008.

I can confirm I am arranging for a copy of the reply we received from GE Capital to be sent to you in the post.

Kind regards

Mr Mark Bennett
Senior Consumer Service Officer
CreditExpert

Experian Limited, a company registered in England and Wales with registered number 653331 and whose registered office is at Talbot House, Talbot Street, Nottingham, NG80 1TH


In the mean time I received a letter back from ICO asking if I had wrote to GE Capital and I should before they will get involved, similar situation to the Booker complaint, so I wrote to GE Capital, letter below






Cheers Spark
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  #25  
Old 04-11-2008, 05:29 PM
spark1 spark1 is offline
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Update with Experian !

Took Sparkies advice / help sent an e-mail to Mr. Hancock !

Dear Mr. Hancock

Thank you for your letter dated 27th October. Your Referenc *******. Please would you be kind enough to address my following questions with regard to my wifes (*********) Experian credit file.


1. Did Experian willingly and knowingly allow my wifes details to be unlawfully obtained by Booker Management by means of allowing open access to her file without her knowledge and consent ?

2. Did Experian willingly and knowingly allow my wifes details to be unlawfully obtained by GE Money by means of allowing open access to her file without her knowledge and consent so they could create a linked address ?

3. Why have Experian not got the appropriate technical and organisational measures in place under the seventh principle to prevent unlawful access to my wifes credit file and prevent the unlawful processing that took place on several occasions, (processing under the Act now means obtaining information and data) ?


Please would you be kind enough to forward a copy of the letter concerning the following e-mail with regards to GE Money, because unfortunately it never arrived in my post box.

My wife sent for her Experian SAR last week, would you be kind enough to over look the put together of all the details she requested, I really appreciate your concern on this matter.

I look forward to your reply.

Many Thanks

Mr spark

Mr. Hancocks Reply !

Our Ref:***

BY E-MAIL AND POST

4 November 2008

Dear Mr Spark

Thank you for your e-mail received 3 November 2008.

In response to your specific questions:

1, when a company performs a search of our records they have to positively indicate that they do have consent from the individual concerned to conduct a search or alternatively they must have a legitimate reason for conducting a search whereby consent is not required. Companies make this positive indication by ticking a box to outline why they are entitled to make a search before we permit them to have access to the information we hold on an individual.
Booker Management only have limited access to the information we hold and subsequently, after positively indicating that they were permitted to access your wife's details, they will not have seen any credit account information in your wife's name. They will have only seen the information we hold that is supplied from publicly available registers.

2, GE Capital did not actually 'access' your wife's credit report and did not obtain any information in respect of your wife. Due to them communicating to us that the address held against a specific account had been changed, a link between the previous address the account had been held at and the new address was created. This account was recorded in the name sparks wife (DOB **/**/****).

3, I believe that we do have appropriate technical and organisational measures in place to comply with the requirements of the seventh data protection principal. Our regulators agree with this viewpoint and appreciate that, as an impartial third party, we are reliant upon our clients to ensure that the information supplied is correct and processed in accordance with the Data Protection Act 1998. The further steps we take to ensure this compliance are considered reasonable, hence complying with our requirement to take 'reasonable steps' to process accurate and up to date information.
I can confirm that I am in the process of collating Mrs sparks Data Subject Access Request and this will be sent as soon as possible. A copy of our letter dated 03/06/08 will be included within this Request.

If you have any further queries, please feel free to contact me directly either by e-mail at *********, by telephone on ********* or by writing to me at the following address:

Directors' Office, Experian, PO Box 8000, Nottingham, NG80 7WF

Yours sincerely


Mr L J Hancock

Consumer Compliance Executive

Directors' Office


Can anyone pick any bones from the reply and also does anyone know if DCA's can access credit files but leave no trace etc, and will the access show up on an SAR, or can the CRA delete or hide the proof of access, the reason being we got another DCA threat yesterday and the company put on the letter :

According to public record , you are registered as living at the above address ? They have never used this phrase before ?

I have a gut feeling they have traced to our address through an credit file check, cant prove it, but 99% certain, but they are trying to brush it off with the above statement, maybe a CRA as warned them ? who knows ?
Once I get all the SAR's together, I need to nail the barstewards who keep harassing my wife with letters, anyone know how to take court action etc. I know this will be a long drawed out issue, court action would suit me either way, us or them, Im not fussed

Cheers Spark

Last edited by spark1 : 04-11-2008 at 05:33 PM.
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  #26  
Old 04-11-2008, 11:17 PM
sparkie1723 sparkie1723 is offline
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Our Ref:***

BY E-MAIL AND POST

4 November 2008

Dear Mr Spark

Thank you for your e-mail received 3 November 2008.

In response to your specific questions:

1, when a company performs a search of our records they have to positively indicate that they do have consent from the individual concerned to conduct a search or alternatively they must have a legitimate reason for conducting a search whereby consent is not required. Companies make this positive indication by ticking a box to outline why they are entitled to make a search before we permit them to have access to the information we hold on an individual.

So they just tick a box ....and that's OK ?...I don't think so

Also tell Mr Hancock in order to process "banking" information which is considered confidential sensitive info a searcher MUST fulfill at least one of the conditions in Schedule 1 of the DPA AND at least one condition in Schedule 11


Booker Management only have limited access to the information we hold and subsequently, after positively indicating that they were permitted to access your wife's details, they will not have seen any credit account information in your wife's name. They will have only seen the information we hold that is supplied from publicly available registers.

Ask Mr Hancock this question....If Booker can and did only obtain information that is easily accessible via public registers why do Experian chrage Bookers for that information that could be obtained free...you cn be assured that Bookers are not that daft to pay Experian for info that they can get free...you can be certain they got all your info despite what he says

2, GE Capital did not actually 'access' your wife's credit report and did not obtain any information in respect of your wife. Due to them communicating to us that the address held against a specific account had been changed, a link between the previous address the account had been held at and the new address was created. This account was recorded in the name sparks wife (DOB **/**/****).

Tell Mr Hancock that you can obtain evidence that complete credit files can be and are copied without the knowledge of an individual and CRA's.
That is absolute fact.
Also GE Capital will be a client of Experian that has unlimited access to their system you can bet your shirt on that.


3, I believe that we do have appropriate technical and organisational measures in place to comply with the requirements of the seventh data protection principal. Our regulators agree with this viewpoint and appreciate that, as an impartial third party, we are reliant upon our clients to ensure that the information supplied is correct and processed in accordance with the Data Protection Act 1998. The further steps we take to ensure this compliance are considered reasonable, hence complying with our requirement to take 'reasonable steps' to process accurate and up to date information.
Tell him now they have to take MORE than the reasonable steps they were required to take under the old DPA act
I can confirm that I am in the process of collating Mrs sparks Data Subject Access Request and this will be sent as soon as possible. A copy of our letter dated 03/06/08 will be included within this Request.


The same applies as above does he know that credit files are copied from CRA systemes and passed on to other people.....so much for their security systems
If you have any further queries, please feel free to contact me directly either by e-mail at *********, by telephone on ********* or by writing to me at the following address:

Directors' Office, Experian, PO Box 8000, Nottingham, NG80 7WF

Yours sincerely


Mr L J Hancock

Consumer Compliance Executive

Directors' Office

Last edited by sparkie1723 : 04-11-2008 at 11:43 PM.
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  #27  
Old 05-11-2008, 12:05 AM
sparkie1723 sparkie1723 is offline
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This is copied from Mr Hancocks letter to spark1......I have seen a lot of letters from the CRA's about the consent required......this is the first time I've seen a reference made to "ticking a box". ....When on their Website Experian say in an answer in FAQ.
Can anyone search my credit file??
answer NO ...a search can only be made if you have given your consent this is normally given when you apply for credit.
Mr Hancock says ticking a box is enough....I think he has dropped a big BOO BOO there folks must make a real good note of what he has said there....it will sound very good in front of a judge I think.


1, when a company performs a search of our records they have to positively indicate that they do have consent from the individual concerned to conduct a search or alternatively they must have a legitimate reason for conducting a search whereby consent is not required. Companies make this positive indication by ticking a box to outline why they are entitled to make a search before we permit them to have access to the information we hold on an individual.


sparkie
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  #28  
Old 05-11-2008, 06:33 AM
spark1 spark1 is offline
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Sparkie m8
Ive took all your comments on board, but I had already replied to Mr. Hancock before you posted, so Im savng your stuff for another day. I need to get to the bottom of this matter, I can not allow companies to do willy nilly with my wifes personal Data, if I can prove certain companies have breached her rights and I will, because they have certainly strained our relationship. I have nothing to lose

Reply sent ot Mr. Hancock last night !

Dear Mr. Hancock

Thanks for the swift reply, however I am very concerned Booker Management gained access to my wifes private data with out her consent. Please would you be kind enough to elaborate the legitimate reasons why Booker Management and Experian felt my wifes consent was not required. Would you be kind enough to forward me a copy of these reasons and a copy of the box system that outlines companies entitlements over my wife "the Data subject".

GE Money linked an address on my wifes file. Was this linked address seen by all companies taking a look in her file. This particular linked address caused a number of other addresss to appear my wifes file that she had no connection with. Would you agree that our home address apppeared on someone elses credit file and companies searching that other persons credit files would of seen our address.

On the **/**/2008 "Bank" searched my wifes credit file, my wife was applying to open a current account, sadly she got turned her down, the woman in the Bank was surprised being that we both have 100% credit records with no Debt and a fully paid up ******, we asked "Bank" the reason why, the reply we got was, something to do with my wifes Experian credit file, I am just wondering if you would beable to look into this matter to see if you might have an idea what the problem could of been, if its not possible, then I will S.A.R - (Subject Access Request) the Halifax, they should have a record.

Hope Im not bothering you with all my questions, but its very important to me and my wife that we get to the bottom of this matter, she is very distressed and upset with all the inaccurate details she discovered on her credit file. I look forward to your reply.

Many Thanks

Mr Spark
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  #29  
Old 05-11-2008, 09:21 AM
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Dragonlady Dragonlady is offline
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Begs the question, how manny other people have had erroneous address link added to their files. I know we had one and we contacted Yorkshire Water Fraud department over this. We got a very nice apology, but that was back in the days when I knew nothing about the damage this could cause to your CRA files.

I am serioulsy thinking of going back to using my maiden name and severing all links with my married name and before anyone says joint accounts, this is now not the case.
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  #30  
Old 05-11-2008, 11:05 AM
Rhia Rhia is offline
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Sparks1 I would copy all this correspondence and send it to your MP. No idea who it is but he or she should be aware of what is going on.
The CRAs need sorting out big time! Has anyone actually started proceedings against them in any court as I think this could be the only way to get them to back down. Keep up the good battle!
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