Credit Checking for new Employees

[Eloise01]

Re: Credit Checking for new Employees

Just wonder what would happen if someone was refused employment only to find out later it was because of an incorrect mark on their credit record. It does happen as we know, who would be the one to be sued I wonder lol

The data controller is responsible - the person who put that data there. And it also happens with DBS checks. Police records are not pristine either! I have had several cases of incorrect data held by the Police - and it is far less uncommon than we would hope for.

[enaid]

Re: Credit Checking for new Employees

The data controller is responsible - the person who put that data there.

As I thought, naturally it is their fault but do you think you could successfully sue?

I am only thinking this could possibly be a new tactic for the CMCs to grasp, with so much unemployment and so much debt at present, also wrongful credit markers. This could turn into another big rip off by people being led to believe they didn't get a job because of their credit record. This may sound silly I know but a few years ago we would never have thought bank charges and PPI would have been big earners for certain firms out for their own means and not the consumers.

[Eloise01]

Re: Credit Checking for new Employees

As I thought, naturally it is their fault but do you think you could successfully sue?

I am only thinking this could possibly be a new tactic for the CMCs to grasp, with so much unemployment and so much debt at present, also wrongful credit markers. This could turn into another big rip off by people being led to believe they didn't get a job because of their credit record. This may sound silly I know but a few years ago we would never have thought bank charges and PPI would have been big earners for certain firms out for their own means and not the consumers.

II can't comment on credit information because I don't have a firm grasp of applicable law. But we have successfully sued the police for erroneous data, yes. I suppose the question would be whether the right lawyers have the right cases. It obviously has to be a loss as a result of erroneous data, not as a result of correct data that means someone fails a credit check. Failing a credit check on the basis of accurate data that someone just doesn't like wouldn't cut it. But if the data is erroneous, then the same broad principles should apply.

[enaid]

Re: Credit Checking for new Employees

I was thinking of cases like the ones on here http://www.thisismoney.co.uk/money/e....html#comments the Wonga fraud thing is something that is well known sadly and the info on there advises you to check your credit report.
There are now more payday loan lenders than food shops sadly and although they may have restrictions placed on them eventually, they are free to run amok at present. I would also like to see just how many folks actually do check their credit reports even on a yearly basis.
So I would guess by fraud or a lender quick to throw in a bad report the situation is quite feasible and open for compensation?

[messimoo]

Re: Credit Checking for new Employees

correct me if I am wrong, but I do know that a prospective employer must either on the application form or when advertising the position, they must stipulate that a credit check will be performed and that the person seeking that position need not apply if any unpaid CCJ,s etc need not apply. These situations at least job hunters know that that particular job is not for them and they can carry on looking. But also with the way that DWP now commands that job seekers have to apply for anything that comes thier way or they could be sanctioned is open to many unemployed people who cannot apply for certain jobs because of an adverse credit file. As we all know now the DWP are getting very strict when job seekers now sign on. It,s my expressed opinion that with a few exeptions (high commanding jobs, lawyers etc) that normal ccj default credit checks should be stopped allowing people to get into employment.

[Eloise01]

Re: Credit Checking for new Employees

correct me if I am wrong, but I do know that a prospective employer must either on the application form or when advertising the position, they must stipulate that a credit check will be performed and that the person seeking that position need not apply if any unpaid CCJ,s etc need not apply. These situations at least job hunters know that that particular job is not for them and they can carry on looking. But also with the way that DWP now commands that job seekers have to apply for anything that comes thier way or they could be sanctioned is open to many unemployed people who cannot apply for certain jobs because of an adverse credit file. As we all know now the DWP are getting very strict when job seekers now sign on. It,s my expressed opinion that with a few exeptions (high commanding jobs, lawyers etc) that normal ccj default credit checks should be stopped allowing people to get into employment.

No that isn't correct. The law stipulates that jobs subject to the former CRB / now DBS must state that they are so subject. However, I must emphasise that although the law permits employers almost complete latitude in relation to their decision about such disclosures, there is clear guidance (unfortunately just guidance - I would like to see this stronger than guidance, and the law is beginning to move in that direction) about what are applicable and reasonable concerns. There is no such law in relation to credit checking. And even if there were, it also should be subject to at least guidance on what should be deemed relevant.

[Eloise01]

Re: Credit Checking for new Employees

I was thinking of cases like the ones on here http://www.thisismoney.co.uk/money/e....html#comments the Wonga fraud thing is something that is well known sadly and the info on there advises you to check your credit report.
There are now more payday loan lenders than food shops sadly and although they may have restrictions placed on them eventually, they are free to run amok at present. I would also like to see just how many folks actually do check their credit reports even on a yearly basis.
So I would guess by fraud or a lender quick to throw in a bad report the situation is quite feasible and open for compensation?

As the one time victim of an identity fraud, I'd certainly sympathise. But it would still come down to whether there was a reasonable cause for an adverse report, and when satisfied, whether that was then removed - which it ought to be. If the "lender" had no reason to suspect fraud, then negligent behaviour would be difficult to evidence. And I do appreciate that some of these lenders need a "reasonable amount" of persuading - been there and had the shouting match!

I do agree about credit reports and checking - and some people simply can't afford even the minimal amounts it may cost to do it occasionally. Perhaps one answer, and it perhaps doesn't go far enough, but we have to start somewhere, is that data holders should have to provide reports to individuals they hold data on every year - gratis. Experian their ilk make plenty of money - they can afford it!

[enaid]

Re: Credit Checking for new Employees

Thanks Eloise, I am pleased that you at least are getting the drift of my post, I am just suspecting where there is need, there is deed and greed and the littlest hint of compo is a lead to a fraud.

Credit reports are in fact the next underlying thing in the next big money making rip off to the consumer IMHO, as mad as a bag of frogs I may be, but I am always sceptical to say the least.