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ICO answers some questions

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  • ICO answers some questions

    The following in response to some questions.

    I've asked him why and how was the 6 year figure calculated

    As I have his attention are there other questions anyone wants answered?

    I will now try to answer each of your questions in turn:

    • When a account is reported as being satisfied am I permitted to request that it be removed.

    • A defaulted or closed account will remain on an individual’s credit file for six years from the date of the default/closure even if it the account has been reported as being satisfied. However if the account has been satisfied then the lender must mark their entry on the credit report as ‘satisfied’ or ‘settled’.


    You cannot request that a default or closed entry be removed or amended unless it has either been on your file for more than for six years after the date of the default/closure, or the information on the entry itself is factually inaccurate. In such circumstances you would need to write to the organisation who placed the entry on your file explaining why the information was inaccurate and needed to be changed or removed.

    • If reports are no longer being updated can I request that they be removed as they are inaccurate.

    • The 4th Principle of the Data Protection Act states that personal information must be accurate and, where necessary kept up to date. If any data on a credit file is out of date then you should write to the organisation who placed the entry on your report explaining what information you think is wrong (and why) and asking them to update it. However It may not be possible to have the report removed entirely due to the six year rule I mentioned above.


    • Can I ask for entries to be removed if the amounts are inaccurate as they contain unlawful credit card charges.

    A. If the lender has accepted that the charges are unlawful then you should write to ask them to amend their entry to show the correct amounts. If the lender disputes that the charges are unlawful then you may wish to contact the Financial Ombudsman Service to see if your complaint falls within their remit. The FOS was set up by Parliament as an independent, free service for settling disputes between businesses providing financial services and their customers. The FOS can be contacted on 0845 080 1800 Monday to Friday from 9am-5pm.

    More information on how to go about change inaccurate information on a credit file can be found at the link below;

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



    Light travels faster than sound. This is why some people appear bright until you hear them speak.

    Nemo me impune lacessit - No one provokes me with impunity. (Motto of the Kings of Scotland)

  • #2
    Re: ICO answers some questions

    Hi frisp,

    I guess that in a lot of cases it is in the banks' interest (no pun intended) to destroy records after 6 years - you can't SAR a non-existent file.

    But what if the 'subject' has retained own records? (ie original old bank statements) - would the bank, in good faith or by law, have to accept them as proper evidence?

    Also, if someone has breached the DPA re notification, can ICO provide you with evidence of this? (eg I believe that if same re FSA, you can get a 'certificate' showing the status of the registration at time of application)

    Ta muchly,

    cnjw

    :okay:
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: ICO answers some questions

      I,ve found some excellent info on another thread re Statute of Limitations/last contact etc.
      Does contact from DCA count, (or DCA acting for another slimebal....sorry, DCA,) or does it have to be original lender?

      cnjw
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment

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