Consumer Credit Support  
Bailiff Advice Online

Go Back   Consumer Credit Support > Consumer Credit Support > Credit Reference Agencies
FAQ Members List Calendar Mark Forums Read

Reply
 
Thread Tools Display Modes
  #11  
Old 07-01-2008, 10:27 PM
powerful_rogue powerful_rogue is offline
Senior Member
 
Join Date: Dec 2007
Posts: 128
powerful_rogue is on a distinguished road
Default

Bullseye! Ive just checked the terms and conditions of Orange via The Carphone warehouse where the other half applied for her mobile phone contract.

Quote:
10.3 If you are making a joint application or tell us that you have a spouse or financial associate, we will link your records together so you must be sure that you have their agreement to disclose information about them.
I have since sent the below reply to equifax.

Quote:
I would like to bring to your attention the terms and conditions agreed by Miss Rogue who is shown as a finicial associate of mine when she applied for a mobile phone contract with Orange via The Carphone Warehouse.

"10.3 If you are making a joint application or tell us that you have a spouse or financial associate, we will link your records together so you must be sure that you have their agreement to disclose information about them"

This was not a joint application and at no stage in the application form did it ask whether she had a financial associate.

It also makes no reference to searching my credit file, only that it will link files. Due to the above information, I would like to know why my credit file has been searched without my permission and once again request any legislation that permits companies to seach credit files of financial associates without their permission/knowledge.
Reply With Quote
  #12  
Old 08-01-2008, 08:24 AM
powerful_rogue powerful_rogue is offline
Senior Member
 
Join Date: Dec 2007
Posts: 128
powerful_rogue is on a distinguished road
Default

Reply back:

Quote:
Thank you for your recent enquiry.

We acknowledge your comments regarding this information, however at this stage we wish to advise that your incident has been closed and we have already advised you about associate searches.

You list the terms as below.
"10.3 If you are making a joint application or tell us that you have a spouse or financial associate, we will link your records together so you must be sure that you have their agreement to disclose information about them"

Please note that the section "or tell us that you have a spouse or financial associate" covers Carphone Warehouse for the associate search, it does not have to be a joint application.

If you require further information on the content of your credit file, you may wish to visit: https://equifaxuk.custhelp.com. Here you can view our Frequently Asked Questions and submit an on-line query or attach supporting documentation via our "Ask a Question" facility, with no concerns about postal delays.

We hope the above details are of assistance to you.

Equifax Customer Services
I personally feel the section in bold is a bit ropey. They are presuming that because I am linked on her credit file she has told them. I would argue that its the other companies that have told her as she has no choice
Reply With Quote
  #13  
Old 08-01-2008, 11:09 AM
powerful_rogue powerful_rogue is offline
Senior Member
 
Join Date: Dec 2007
Posts: 128
powerful_rogue is on a distinguished road
Default

Just sent the following reply.

Quote:
"Please note that the section "or tell us that you have a spouse or financial associate" covers Carphone Warehouse for the associate search, it does not have to be a joint application."

Can you advise how this covers the Carphone Warehouse for the associate search?
Miss Rogue was not asked during the application if she had any associates. It also states that it will only link records together, it does not state in their terms and conditions they will conduct a search on my credit record.

"You must be sure that you have their agreement to disclose information about them"

As this was not a joint application, Miss Rogue is not my spouse and she was not asked if she had any associates none of my details were disclosed on the application form.

Based on the above I would deem this search as a breach of the Data Protection Act 1998 unless you can provide any legislation that permits this to take place.

I would also like to point out that this matter should not be closed as it has not answered my query.

Last edited by powerful_rogue : 08-01-2008 at 01:58 PM.
Reply With Quote
  #14  
Old 08-01-2008, 01:42 PM
sparkie1723 sparkie1723 is offline
Senior Member
 
Join Date: Jun 2007
Posts: 2,533
sparkie1723 has a spectacular aura aboutsparkie1723 has a spectacular aura about
Default

I'm not quite clear on what you are getting at here, even if you have one financial link wth anyone for any reason such as a mortgage which you may have had for a short while or a long period, means you are financially linked full stop, any search carried out on either file will cause an assiciated search to be recorded on either file can you clarify please if or not there is an actual financial link of any description

sparkie,
Reply With Quote
  #15  
Old 08-01-2008, 01:57 PM
powerful_rogue powerful_rogue is offline
Senior Member
 
Join Date: Dec 2007
Posts: 128
powerful_rogue is on a distinguished road
Default

I am shown financially linked to my partner as we have a bank account together.

What I object to is having my file searched everytime the other half does something that requires a credit check and vice versa.

I want to know where this permission comes from that allows them to search my file when a credit check is conducted on my other half. Equifax state that its in the T+C when you apply for something, however ive checked the T+C for Orange and they dont mention anything about searching the file of someone that is financially associated.
Reply With Quote
  #16  
Old 08-01-2008, 02:06 PM
tbern123 tbern123 is offline
Senior Member
 
Join Date: Jun 2007
Location: Austin, Texas
Posts: 629
tbern123 will become famous soon enoughtbern123 will become famous soon enough
Default

This might be worth a read
http://www.callcredit.co.uk/business...ird-Party-Data
Reply With Quote
  #17  
Old 08-01-2008, 02:17 PM
tbern123 tbern123 is offline
Senior Member
 
Join Date: Jun 2007
Location: Austin, Texas
Posts: 629
tbern123 will become famous soon enoughtbern123 will become famous soon enough
Default

Quote:
Originally Posted by powerful_rogue View Post
I am shown financially linked to my partner as we have a bank account together.

What I object to is having my file searched everytime the other half does something that requires a credit check and vice versa.

I want to know where this permission comes from that allows them to search my file when a credit check is conducted on my other half. Equifax state that its in the T+C when you apply for something, however ive checked the T+C for Orange and they dont mention anything about searching the file of someone that is financially associated.
I think the CRA may have got things around the wrong way. I would have thought that the association would have been covered by the t&c's of your joint current account and not subsequent applications.

I do not know who you bank with so I have jsut done a quick google search
http://www.flexicredit.co.uk/Privacy-Policy-Credit.html

"Information held about you by the Credit Reference Agencies may already be linked to records relating to one or more of your financial partners. For the purpose of this application you may be treated as financially linked and your application will be assessed with reference to any "associated" records. If you are a joint application or if you have told us of some other financial association with another person, you must make sure that you are entitled to (a) disclose information about your joint applicant and anyone referred to you by you; and (b) authorise to search, link or record information at Credit Reference Agencies about you and anyone referred to by you. An association between joint applicants and between you and anyone you tell us is your financial partner will be created at Credit Reference Agencies. This will link your financial records, each of which will be taken into account in all future applications by either or both of you. This will continue until one of you successfully files a disassociation at Credit Reference Agencies."
Reply With Quote
  #18  
Old 08-01-2008, 02:29 PM
tbern123 tbern123 is offline
Senior Member
 
Join Date: Jun 2007
Location: Austin, Texas
Posts: 629
tbern123 will become famous soon enoughtbern123 will become famous soon enough
Default

Another example
http://www.ucancarcredit.co.uk/terms.aspx


"An "association" between joint applicants, and between you and anyone you tell us is your financial partner, will be created at credit reference agencies. This will link your financial records, each of which will be taken into account in all future applications by either or both of you. This will continue until one of you successfully files a disassociation at credit reference agencies"

This is from the ICO

http://www.ico.gov.uk/upload/documen...aflet_2005.pdf

If you have a joint account or have made a joint application
for credit, the name of the other person(s) will show on
your credit file as a financial association. Your file will show
the name of the organisation that gave this information and
when. You and the other person may also have provided this
information directly to a credit reference agency. The other
personís name will stay on your credit reference file until
you write to the credit reference agencies telling them that
you are no longer financially connected. This is called
disassociation.
Reply With Quote
  #19  
Old 08-01-2008, 02:37 PM
tbern123 tbern123 is offline
Senior Member
 
Join Date: Jun 2007
Location: Austin, Texas
Posts: 629
tbern123 will become famous soon enoughtbern123 will become famous soon enough
Default

Quote:
Originally Posted by tbern123 View Post
I think the CRA may have got things around the wrong way. I would have thought that the association would have been covered by the t&c's of your joint current account and not subsequent applications.
I have found this from experian
http://www.experian.co.uk/downloads/...eexplained.pdf


Associations
A record of an association shows a financial link you have with someone. These links are created by joint judgments, joint accounts and joint credit applications, or from information you gave to us or lenders. Associations are not created between business partners. The information you see will include the details of the person you are financially connected to (the associate), the name of the organisation which created the link, and the date the link was created. Lenders may also see the financial information relating to the associate. This allows lenders to view all the information that may be relevant to your credit application. Information about an association is held
on record indefinitely. The financial information about any associates is not recorded on your credit report. If your associate needs to see their credit report, they will need to apply separately.


I think it is the terms and conditions of the joint account you need to check
Reply With Quote
  #20  
Old 08-01-2008, 02:43 PM
powerful_rogue powerful_rogue is offline
Senior Member
 
Join Date: Dec 2007
Posts: 128
powerful_rogue is on a distinguished road
Default

Quote:
9. How your data WILL be used by credit reference agencies:
a) The information which we, other organisations and fraud prevention agencies provide to the credit reference agencies about you, your financial associates and your business (if you have one) may be supplied by credit reference agencies to other organisations and used by them to:
i) Verify your identity if you or your financial associate applies for other facilities including all types of insurance applications and claims.
ii) Make decisions on credit, credit related services and on motor, household, life and other insurance proposals and insurance claims, about you, your partner, other members of your household or your business.
iii) Trace your whereabouts and recover payment if you do not make payments that you owe.
iv) Conduct checks for the prevention and detection of crime including fraud and/or money laundering.
v) Manage your personal, your partnerís and/or business account (if you have one).
vi) Manage your personal, your partnerís and/or business insurance policies (if you have one/any).
vii) Undertake statistical analysis and system testing.
Thats from the Halifax who have us both linked together.

I still think its wrong though
Looks like I can forget that battle.
Reply With Quote
Reply


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT. The time now is 04:34 PM.


Powered by vBulletin® Version 3.6.7
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Consumer Credit Support