Sparkie v Experian

[sparkie1723]

Originally Posted by Dragonlady

They really don't want this to be dragged out any further do they? Poor babies, they will have to start listening to the plebs before much longer. Because of the adverse information on my credit files, the computer always said no, but when I challenged this and wen to the senior underwriters the decision was always overturned, because I was able to prove the information on the CRA's to be incorrect , yet the CRA's hang on to the fact their subscribers are always correct. Why should we have to go back to the crowd who put the adverse information on our files, at cost to us, when we know that the CRA's do not conduct a proper investigation. It's about time the CRA's took responsibilioty as Data Controllers for the actions they allow to happen to a subjects file.

Hi D/L I agree absolutely, I also believe that Exerian must bear a lot of responsibility for the fact that a lot of people are forced to take finacial products to try and get out of trouble at severely higher rates of interest than they should be getting due to the information supplied by CRA's, they then end up in a financial trap ....all down to CRA information

sparkie

[sparkie1723]

I sent Experian a section 10 notice to remove the info by MBNA and received this rely from our Mr Lever.

Our Ref: PL/43168007

5 January 2009

Dear Mr Sparkie

Thank you for your e-mail received on 3 January 2009.

Please note that we are not obliged to remove information from your credit report under Section 10 of the Data Protection Act 1998 where you have initially consented to that information being passed to a credit reference agency.

You will have consented to your account details being recorded on your credit report when you first applied for this account. I recommend you refer to the terms and conditions of your account if in any doubt about this and note that at no stage previously have you stated that you did not open this or consent to it being recorded on your credit report.

An extract from MBNA's standard credit card terms and conditions is detailed below:

"14a We will release some personal information about you to the following agencies.

. Credit reference agencies when we search their records about you. They will record details of our searches. We will also release information to credit reference agencies about any account which you hold with us or any member of the MBNA Group, including information about any payments you have missed. Information held by credit reference agencies may be linked to other people who you have a financial association with. Information given to credit reference agencies may remain on their files for 6 years after your account is closed."

In earlier correspondence we confirmed to you that MBNA has verified that the account data recorded on your credit report is correct. Consequently, we will not be removing this information from your report in.

We will not be answering any further correspondence in relation to this request or this account as we have fully complied with our obligations under the relevant legislation.

Kind regards



Paul Lever


I have just sent him this reply

Dear Mr Lever


I write to you this one last time, my next step is to the Court to issue proceedings against Experian.

Please take special note MBNA are in such as mess with their administration, that they are completely oblivious to the fact that they cancelled my agreement in May 2007. This means that by doing so they voided any consent given to process data about this account, this has been ruled in case law on such an issue...part of an agreement cannot be cancelled at the whim of a creditor.
I have also pointed out to you that the data is being supplied contrary to the Banking Code
13.6 We may give information to credit reference agencies about the personal debts you owe us if:
• you have fallen behind with your payments;
• the amount owed is not being disputed; ...I have been in dispute with MBNA since April 2008
• you have not made proposals we are satisfied with
for repaying your debt, following our formal demand.


I have given you the facts and the proof .......MBNA have given you verbal confirmation, I shall be without any doubt what so ever taking action against Experian on this issue, you are abusing your position.

You are accepting data that is being unlawfully supplied and are further processing it,...it is as simple as that!

You are in your position accepting heresay evidence against factual proof and evidence...under the circumstances I will also be including in my claim an application for an enforced section 10 order, this I am sure will give the many other consumers who are now beginning to " take CRA's on" because they are "fed up" with the assumed power of these agencies, encouragement to take the same avenue.

Credit Reference Agencies also now fall in to the remit of section 140 of the Consumer Credit Act 1974( amended) 2006 " Unfair Relationship" which came into full force on the 31st October 2008.The powers of the court under this section are extremely wide ranging.
The Relationship between a data subject and a CRA is without doubt an Unfair one.


Yours sincerely

[Hocuspocus]

Always a nice return swing you have Sparkie keep at um. Your so right and something has to change. i think they will be defiant untill court. Sadly they think they are untouchable, i can see why as they have been sat in thier tower so long being unquestioned.

[sparkie1723]

Just sent this follow up to Mr Lever


Dear Mr Lever,
I refer you to this paragraph in your letter, unfortunately for you Mr Lever and MBNA I have not got the condition 14a you have quoted in my signed agreement, and I will produce that in Court ...My application/agreement consists of 2 pages with 5 terms and conditions appertaining to it, even the DPA declaration bears no resemblance to what you have quoted.
As I have stated, before CRA's must be sure that they have correct information to support the processing of any data.
Quote

An extract from MBNA's standard credit card terms and conditions is detailed below:"14a We will release some personal information about you to the following agencies.

. Credit reference agencies when we search their records about you. They will record details of our searches. We will also release information to credit reference agencies about any account which you hold with us or any member of the MBNA Group, including information about any payments you have missed. Information held by credit reference agencies may be linked to other people who you have a financial association with. Information given to credit reference agencies may remain on their files for 6 years after your account is closed."

Due to the fact you have completely disregarded any and all other evidence I have presented to you ...it is a waste of time sending you this information I therefore reserve the right and give prior warning that I intend to withold this document from standard disclosure, as I now regard this as a privileged document, in the proceedings I intend to issue.

Yours sincerely

[spark1]

3.1 First Principle
“Personal data shall be processed fairly and lawfully

Consent must be appropriate to the particular circumstances. For example, if the processing is intended to continue after the end of a trading relationship then the consent should cover those circumstances. However, it must be recognised that even when consent has been given it will not necessarily endure forever. While in most cases consent will endure for as long as the processing to which it relates continues, data controllers should recognise that, depending upon the nature of the consent given and the circumstances of the processing, the individual may be able to withdraw consent.

Hi sparkie

Are you not allowed to withdraw your consent?

Spark1

[Dragonlady]

Youu cannot withdraw your consent unless you cancel the Agreement. While the Agreement is alive your consent cannot be withdrawn.

[sparkie1723]

[QUOTE=Dragonlady;Youu cannot withdraw your consent unless you cancel the Agreement. While the Agreement is alive your consent cannot be withdrawn.


My ace in the hole is, as have I said MBNA cancelled my agreement in May 2008 and ordered me to cut my card up and send it our Mr McGrath, which I di in lots and lots of little pieces, it must have looked like confetti when he opened the letter it was in.

sparkie

[Dragonlady]

Dear Mr McGrath, he has written to so many of us. he must despair when he gets our letters. I wonder if he ever gets nice letters?

Agreement is cancelled by them, so does this really mean your consent is withdrawn hmmmmm????? Conundrums galore....

[sparkie1723]

Originally Posted by Dragonlady

Dear Mr McGrath, he has written to so many of us. he must despair when he gets our letters. I wonder if he ever gets nice letters?

Agreement is cancelled by them, so does this really mean our consent is withdrawn hmmmmm????? Conundrums galore....

IMO it would be a reasonable argument that as consent would be considered
a "core" term of an agreement and the agreements is cancelled all terms and conditions are non existant the only thing that is left is the "alleged" debt.

sparkie

[Dragonlady]

I tend to agree with you Sparkie. I wonder if the ICO has this opinion?