Swift Advances plc & CRA's

[Sparkie1723]

I've separated this issue from the main Swift Advances thread because I thinkn disussing this issue in amonst the rest will confuse things

Sparkie


EQUIFAX LTD. CRA


.“Each Equifax client is required to sign a contract prior to gaining access to our system. This contract stipulates that the client in question must seek consent, from the individual concerned, prior to supplying Equifax with insight information. Equifax works closely with our clients to ensure that they fully understand this requirement which is specified under the current Data Protection Act. It is the responsibility of the client in question to ensure that this consent is sought and that appropriate records are maintained to substantiate each account supplied to Equifax.”


I posted this on the Swift Advances plc thread…but I think as this points to problems for & with the CRA’s Callcredit and Equifax. I decided to start a new thread solely devoted to .this……I’m going to disect the statement above as follows, and, for these reasons stated.

Swift Advances plc do have a data controllers licence….but….
There are no other names stated on this licence indicating that they will supply data under no other name than Swift Advances plc.
First off…….“Each Equifax client is required to sign a contract prior to gaining access to our system.

Swift Advances plc will/should have signed the above mentioned contract, this should match their data controllers licence.
That would allow Swift Advances plc to access the CRA’s data base under the stated name to supply information and data and carry out searches on credit files………….only under that name.

Everyone knows that it has been discovered that the CRA Equifax data base is accessed and information is supplied by “Swift Group” about agreements entered into by borrowers with Swift Advances plc.

1…Swift Group, are an unrecognised body

2...Swift Group, up until 6th October 2010 were an unlicensed trading name.

3…Swift Group, could not and did hold their own data controllers licence, that would give that name/entity the authority to provide data and information to third parties and that includes the CRA’s.

4…The information supplied to the CRA’s by Swift Group is information about the account under and related to a consumer credit agreement, it matters not what type of consumer credit agreement all that matters is that it is a consumer credit agreement.

5…This would be in law construed not as conducting actual consumer credit business, but, as conducting consumer credit related business.
6…Under Section 39 (1) Conducting consumer credit business or consumer credit related business for which a CCA licence is required is a criminal offence, furthermore under section 39(2)a licensee who uses a name to conduct consumer credit business or consumer credit business that is not on said licence commits a criminal offence.

7…To access the CRA data bases and supply information the supplier has to have signed the contract with the CRA allowing that access. ( All CRA’s require this contract to be signed by said supplier of data)

8…Swift Group have no such contract in place with Equifax the CRA they supply data to, only Swift Advances plc have signed such contract ….but Swift Advances plc are not the suppliers of any of the information that is supplied to & held by the CRA Equifax.

9…I have questioned Equifax about all these issues and supplied them with many documents as evidence that Equifax are in complete breach of the DPA by initially accepting data from
a) an unrecognised body and;
b) an unlicensed trading name; and further more, continuing to accept data from a trading name that is not included in the contract initially signed by Swift Advances plc and which is not named in their own Data Controllers specific licence.


Callcredit Ltd CRA

Everything above applies to Callcredit……………Except……..the supplier of the data and information to them is “Swift Advances”.
So where in the above instead of “Swift Group” insert and read….. “Swift Advances”.

Questions I leave everyone with over all this……………….It is Swift Advances plc that hold the CCA licence…………it is Swift Advances plc that hold the data controllers licence ……but as seen it not under that name that all this information is supplied to the CRA’s……….why not? Why do they supply the two different CRA’s with the same information under two different unlicensed names?

Why? When it comes to the search, that is made on a customers credit file to check on their credit status on default of the agreement with Swift Advances plc. They search under the name of Swift Advances plc.
The search record states the reason for the search as “ Debt Collection”
Swift Advances plc do not hold the required category on their CCA licence to collect debts …….even their own (OFT state that would be required)

Why is it that Swift Advances plc never contact any customer under that name, in any form of correspondence, it is all done via a trading name(s) that were up until the date referred to unlicensed

[Gorang]

Re: Swift Advances plc & CRA's

Good Idea Sparkie so I will start with this post and add to it when I find stuff

Companies house search on Call Credit

Name & Registered Office:
CALLCREDIT LIMITED
ONE
PARK LANE
LEEDS
WEST YORKSHIRE
LS3 1EP
Company No. 03961870



Status: Active
Date of Incorporation: 28/03/2000

Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC):
7230 - Data processing
7487 - Other business activities
Accounting Reference Date: 31/12
Last Accounts Made Up To: 31/12/2010 (FULL)
Next Accounts Due: 30/09/2012
Last Return Made Up To: 28/03/2011
Next Return Due: 25/04/2012
Last Members List: 28/03/2011
Previous Names:Date of changePrevious Name
14/07/2006CALLCREDIT PLC


This is from the Privicy Policy page

This statement sets out the privacy policy ("privacy policy") of our website at www.callcredit.co.uk ("our site"). It explains what personal information we collect from users of our site and what we do with that information.
Our site is operated by Callcredit Information Group Limited, a company registered in England & Wales with company number 04968328, the registered office of which is at One Park Lane, Leeds, West Yorkshire LS3 1EP. For rules governing use of our site, please refer to our terms of use.

Collection and use of personal information
Our site collects personal information about you when you use a link to send us an email. If, in that email or any attachment to the email, you voluntarily provide us with personally identifiable information about yourself, such as your name, address or telephone number, we will collect and store that personal information.
Subject to you agreeing to allow us to contact you with promotional offers, we may from time to time advise you of products and/or services that are available to you from us. We may contact you for such marketing purposes by e-mail, telephone (including automated calls), SMS or other electronic messages, post or fax (depending on the information we collect from you). If you do not wish to receive offers then you will be able to prevent your information being used for communications by ticking the opt-out tick box at the time your personal information is collected or, at any time, by emailing marketing@callcredit.co.uk.

Cookies
Our site uses Google Analytics and WebJourney, web analytics services provided by Google, Inc. ("Google") and Alterian plc ("Alterian") respectively. Each service uses cookies. "A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. Cookies may store user preferences and other information about your use of our site (including your IP address). This information will be transmitted to and stored by us and Alterian on servers in the United Kingdom and Google in the United States and other places around the globe. We, Google and Alterian will use this information to ensure that our site is user-friendly, to help improve the content and user experience of our site and to understand who has visited which pages to determine the most popular areas of our site.
We, together with Google and Alterian, may also transfer this information to third parties where required to do so by law, or where such third parties process the information on our behalf.
We may also collect cookies and IP addresses for system administration and to report aggregate non-personalised information to our business contacts, selected third parties, sponsors or advertisers (such as anonymous statistics related to the take up or use of services).
Where you have requested information or asked us to contact you, we may use your personal information to respond to your request or to contact you.
We will not associate your IP address with any other data held by us.
You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do this you may not be able to use the full functionality of our site.

Security of personal information
We take the security and disclosure of personal information very seriously and as such we will not sell, trade, rent or otherwise provide personal information sent to us via our site to any third parties save as set out above.
We are mindful of the importance of upholding the security of information under our control. All data collected through our site that is stored electronically, is stored on secure servers, and we have stringent security and confidentiality procedures covering the storage and disclosure of such information, in accordance with the Data Protection Act 1998.

Doesn't look to bad until you get to here, then after that you may as well take everything above here and now throw it away

Consent
By using our site you consent to the collection and use of your personal information as stated above. We reserve the right to amend this privacy policy from time to time and, if we do so, your continued use of our site will be taken as acceptance of any such change.
Some websites that have links to and from our site from time to time may collect personal information about you when you access or utilise those links. We do not control the collection or use of such information, and the practices of those websites are not covered by this privacy policy. Some websites that have links to and from our site from time to time may also use their own cookies. We have no access to, or control over these cookies, and you are advised to check the cookie policies on such other websites or to amend your site browser's settings with respect to cookies accordingly.
Please note that this privacy policy only concerns the collection and use of personal information on this website. If you purchase any products or services from us or our group of companies via other sites which we or our group of companies maintain (including the site at www.callcredit.co.uk/stat-report-online), separate terms on how your personal data will be used will be applicable.

Your rights to see your personal data
You have the right to see the personal data (as defined in the Data Protection Act 1998) that we keep about you, on receipt of a written request, verification of your identity, and payment of a fee. If you are concerned that any of the personal information we hold on you is incorrect or if you wish to object to the use we have made of your personal data, please contact us at the following address:
Customer Services Department
Callcredit Information Group
One Park Lane
Leeds LS3 1EP

I am not even goig to start to try and list the directors of this one as there are about 5 different Callcredit companies with a few directors, but the 2 main ones that are standing out are

Mr J F McAndrew
Ms E A Richards

And they all seemed to have bought their way in at some point

Link here
http://bizzy.co.uk/uk/04968328/callc...ormation-group

Companies house search on Equifax

Name & Registered Office:
EQUIFAX LIMITED
CAPITAL HOUSE
25 CHAPEL STREET
LONDON
NW1 5DS
Company No. 02425920


Status: Active
Date of Incorporation: 25/09/1989

Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC):
7487 - Other business activities
Accounting Reference Date: 31/12
Last Accounts Made Up To: 31/12/2010 (GROUP)
Next Accounts Due: 30/09/2012
Last Return Made Up To: 25/09/2011
Next Return Due: 23/10/2012
Last Members List: 25/09/2011
Previous Names:Date of changePrevious Name
15/04/1992 EQUIFAX (U.K.) LIMITED
31/07/1998 EQUIFAX EUROPE (U.K.) LIMITED
30/01/1990 TRUSHELFCO (NO. 1552) LIMITED
01/03/2010 EQUIFAX PLC


From their Privacy page

Who we are
We are Equifax Limited.,("Equifax" / "we" / "us" / "our") a company registered in England and Wales under registered number 2425920 and our registered office is at Capital House, 25 Chapel Street, London NW1 5DS. For more than 100 years, Equifax (and its affiliated companies) ("Equifax Group") has been a catalyst for commerce by bringing businesses and consumers together. We have built our reputation through a commitment to protecting the privacy and confidentiality of sensitive information. This statement sets out our Privacy Policy and explains what personal information we collect from users of our website and what we do with that information. If you have any queries about this policy or our information practices, please contact us using the details given at the end of the policy. Please note that this policy only applies to this website and not to any other websites including any that are linked to it.

Consent
By using this website you signify that you have consented to our collecting and using the personal information that you provide to us in accordance with this Privacy Policy. You will also be deemed to have read and accepted this Privacy Policy.
We may change this Privacy Policy at any time by publishing revised or new terms on this website. By continuing to use this website after we change our Privacy Policy you accept and will be bound by its terms. We notify you of the date the changes were last made by including the date of these changes in the 'Latest Version' section below, so it is important that you check this page from time to time to take notice of any changes that we make.

The information that we collect about you
This Policy applies to all information we receive from you, whether you are registering on our website or ordering any of our products. During the course of your use of this website, we will collect two types of information:

(i) Aggregated Information - This website automatically gathers certain statistical information such as the number and frequency of visitors. This information is only used in the aggregate and individuals cannot be identified from it. This aggregated information helps us to measure how individuals use the website and our services so that we can continually improve them.

(ii) Personal Information - We require personal information from you, such as name, address, date of birth and e-mail address, in order for us to perform the services offered by this website and to fulfil your requests. Some of this information is voluntary and the compulsory fields are clearly marked on the form.

What we do with your personal information
Your personal information may be used in a number of ways:

• Identifying potential customers or subscribers.
• As part of the account opening process for new customers, including verifying your identity.
• Providing you with the services that you have requested, including dealing with your requests and queries and maintaining our records and for other administrative purposes.
• For the purposes of operating our systems properly and to protect ourselves and/or our users.
• For marketing purposes - please see the section entitled 'Marketing' below.
• We may disclose personal information to reputable companies and suppliers whom we engage to process data on our behalf and who may be based outside the EEA.
• We may also share statistical information gathered by us about you to other members of the Equifax Group and to other reputable organisations, but the information we provide will not include details that would allow these organisations to identify you.
• We may disclose personal information about you to government agencies, fraud prevention agencies and other lawful and/or competent authorities to comply with applicable laws, court orders or lawful government requests.

Marketing
We may from time to time send you promotional information about our products and services by email, telephone or post.
If you indicate your consent by ticking the relevant box on our website, we may share your information with other reputable companies so that they may provide you with information about their products and services.
If you do not wish to receive such information, all our communications give you the opportunity to unsubscribe. In addition, you may logon on to our website, go to the Products Page in the Member Centre and click on the Update Member Profile option at the top right hand side of the page. In the Update Member Profile page select the Opt-Out option. You may also contact us by post by writing to the Equifax Credit File Advice Centre, P.O. Box 1140, Bradford, BD1 5US or by any of the other methods described in the "Contact Us" section of this website.
Your Statutory Rights
You have the right to obtain your statutory credit report at a cost of £2. This report contains all the personal data we hold about you that is relevant to your financial standing. Click here if you wish to find out how to exercise this right http://www.equifax.co.uk/Products/cr...ry-report.html
You also have the right to receive a copy of all the personal information that we hold about you under S7 of the Data Protection Act 1998 by submitting a Subject Access Request. The statutory fee is currently £10.

Cookies
Cookies are small files that are transferred to your computer's hard drive when you access our website. These files are text-only strings that are entered into the cookie file or "memory" of the browser on your computer. We use cookies to;

• record your preferences;
• remember you on subsequent visits to our website; and
• to collect aggregated information about you and other users of our website.

Most computers are set up to accept cookies. You may set your browser to refuse cookies, however you may not be able to access many of the features and/or products and services that we provide if you do.

Information Security
We recognise the importance of keeping your personal information secure. We take reasonable steps to ensure that our online transactions are secure and that we protect the privacy of information provided to us. We have strict security and confidentiality procedures covering the storage and disclosure of information in order to maintain confidentiality; prevent unauthorised access; and to comply with the Data Protection Act 1998. Our senior leaders have endorsed and signed the Information Commissioner's 'Personal Information Promise' to demonstrate our commitment to data protection. You can read about the Personal Information Promise on the Information Commissioner Office website Data Protection and Freedom of Information advice - ICO.

I am not going to even start to point out the contradictions there are in here


There are 4 Companies in this group, the parent company being Equifax EUA limited

Equifax EUA Limited Incorperated 26th Feburary 2010

Directors are
Mr S.R.Holtzclaw appointed on 08/06/2010
Mr N Khimasia appointed on 29/02/2010

Catagory; Private Limited with Share Capital

----------------------------------------------------------------------------------------
Equifax Secure Limited Incorperated 29th December 1999

Directors are
Mr S.R.Holtzclaw appointed on 08/06/2010
Mr N Khimasia appointed on 29/07/2008

Catagory; Private Limited with Share Capital

----------------------------------------------------------------------------------------
Equifax Limited Incorperated 25th September 1989

Directors are
Mr P. Do Rego Barros Jr appointed on 13/10/2010
Mr S.R.Holtzclaw appointed on 08/06/2010
Mr N Khimasia appointed on 29/07/2008

Catagory; Private Limited with Share Capital

------------------------------------------------------------------------------------------
The Infocheck Group Limited Incorperated 2nd June 1982

Directors are
Mr S.R.Holtzclaw appointed on 08/06/2010
Mr N Khimasia appointed on 29/07/2008 and who is also a Director of these other 2 companies

Catagory; Private Limited with Share Capital
------------------------------------------------------------------------------------------
Hink Management Services Limited Incorperated 22nd June 1998

Directors are
Ms H Khimasia appointed on 27th March 2007
Mr N Khimasia appointed on 27th March 2007

Catagory; Private Limited with Share Capital
And
Workload Financial Business Consultants Limited No Incorperated Date shown

Directors are
Mr S Holtzclaw appointed on 01 March 2011
Mr N Kimasia appointed on 01 March 2011

Catagory; Private Limited with Share Capital



From what I can see these 2 Directors are at the top of all Equifax now, but they have bought their way in by the looks of things, therefor I think this just proves that they are just the same as any of us with a limited company so IMV they are also open to the same laws as us

This Info has just came from free info on the web without paying for anything so far

Might as well go for the full house with experian also

Name & Registered Office:
EXPERIAN LIMITED
LANDMARK HOUSE EXPERIAN WAY
NG2 BUSINESS PARK
NOTTINGHAM
NG80 1ZZ
Company No. 00653331


Status: Active
Date of Incorporation: 22/03/1960

Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC):
62020 - Information technology consultancy activities
Accounting Reference Date: 31/03
Last Accounts Made Up To: 31/03/2011 (FULL)
Next Accounts Due: 31/12/2012
Last Return Made Up To: 20/10/2011
Next Return Due: 17/11/2012
Last Members List: 20/10/2011
Previous Names:Date of changePrevious Name
02/06/1997 CCN GROUP LIMITED
31/12/1981 COMMERCIAL CREDIT (NOTTINGHAM) LIMITED
29/10/1993 CCN SYSTEMS LIMITED

This is from the link marked "legal" on the bottom of there home page

This privacy policy statement sets out the data processing practices carried out through your use of this web site by Experian Limited, its holding companies and subsidiaries (“the Group”).Para 1

If you have any requests concerning your personal information or any queries with regard to these practices please contact us.
Links

This privacy policy only covers Experian's web site at Credit Check, Credit Score and Free Credit Report from Experian UK. Additional web sites within the Group are governed by their respective privacy statements. We are not responsible for the data policies or procedures or the content of other linked web sites outside of the Group.Para 2

So already and on the same page 1 para and para 2 contradicts each other if I am not mistaken

Information collected
We collect personal information from visitors to this web site through the use of enquiry forms and every time you e-mail us your details. Other than this, we do not store or capture personal information but simply log your IP address (this is the technical standard which ensures messages get from one host to another and that the messages are understood) which is automatically recognised by the web server.
Use of personal information

We process personal information collected via this web site for the purposes of: -

• Identifying potential customers or subscribers.
• Dealing with your requests and enquiries.
• Carrying out customer and marketing research.
• Providing you with information about products and services offered by Experian
• Processing your application for employment at Experian, in which case, please see the section on Applying for a career at Experian below.

We do not sell personal information collected through this site or use your personal information for any other purposes than those stated above.

Experian seems to be the biggest and it is HUGE with about 5 names popping up and nearly all of them are from the Gus orginisation

Link here
http://bizzy.co.uk/uk/05860211/experian-uk-holdings

I will add things to this post about each as I find it

[Sparkie1723]

Re: Swift Advances plc & CRA's

Hi Gordon

This little bit.....especially the highlighted bit
Our site uses Google Analytics and WebJourney, web analytics services provided by Google, Inc. ("Google") and Alterian plc ("Alterian") respectively. Each service uses cookies. "A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website. Cookies may store user preferences and other information about your use of our site (including your IP address). This information will be transmitted to and stored by us and Alterian on servers in the United Kingdom and Google in the United States and other places around the globe.

This is a breach of the Seventh Principle...which says amonst other things

"Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data."

And a breach of the Eighth Principle.....which says;

Personal data shall not be transferred to a country or territory outside the European Economic Area, unless that country or territory ensures an adequate level nof protection of rights and freedoms of data subjects in relation to the processing of personal data

I bet a pound to a penny this is how where the hackers get peoples info from.....Callcredit could be held responsible for this.........methinks a mass complaint to the ICO about this little snippet. anyone can get at your info this way...........no wonder there is so much ID theft ....a institution that one of its main function to stop fraud and ID theft is .....HELPING IT all along...............B******Y BRILLIANT ISN'T IT

Sparkie

[Sparkie1723]

Re: Swift Advances plc & CRA's

Below are the two pages of my credit report……this page records ALL recorded searches carried out by lenders/creditors over the last 6 years.

On the first page it shows that an association between my self and my partner is recorded by Swift Advances plc as the source in 1996……………..This is incorrect ….we never had anything to do with Swift Advances plc until April 2007.
So how can they put this on my file

Our “Association” began in 1983 when we bought the house we live in as joint owners.

I have removed 3 other search info, for personal reasons.

But it must be seen that there is no record of the searches by Promise Finance/Solutions Ltd when they copied both ours Credit Reports in March 2007……..and no record of the search by Swift Advances or Swift Advances plc in the same month when they copied our Credit Reports.

You will also note that there are searches made by Swift Advances plc for Debt Collection Purposes…………….they have not got the required debt collection category on their licence…………and as our loan was sold to Kestrel Loans No 1 Ltd and they would be collecting it on behalf of them……………..that is ANOTHER criminal offence committed against us.

Sparkie








Still have had no acknowledgement or reponse to this e-mail letter sent to Equifax
21st Oct 2011

Dear Mandy Russell
Re; Continuing dispute about Swift Group and Equifax

I have received the copy of my Credit File as promised by Kathryn Keogh, I note that there are searches made by Swift Advances plc under debt collecting, I make Equifax aware of this fact, this is information given out by the Office of Fair Trading;


Businesses pursuing recovery of their own debts arising from consumer credit agreements (whether regulated or exempt) they have made with consumers, or pursuing recovery of such debts that have been assigned to, or purchased by, them, require a
'Category A – Consumer Credit Business' licence.6

I advise Equifax that Swift Advances plc did not and do not hold the appropriate category licence to engage in debt collecting activities on their Consumer Credit Licence, a simple check of the OFT public register will find this to be correct, and confirm what I say.

Of course this should have been done in Equifax’s checks of due diligence?????

Again Equifax have been negligent in failing to check that any specific type search of a data subjects credit file was a lawful one.

The record of these searches should be removed immediately.

I also make you aware as my partner has, the cheque I received in my name from Swift Advances plc was for £21,500, not £46,955 as stated on my credit file.

Yours sincerely

[Gorang]

Re: Swift Advances plc & CRA's

I am wondering if a FOI request should be made to find out how many "clients" Equifax has

because

they could argue that they are not responsible for what licences orgs have therefor as they are registered with Equifax they then can search anyone

and they will also say that because of the sheer amount of searches done every day they could not poss check each and everyone

I know they will prob go into more detail and excuses with this but that is a general findings they will come back with

BUT THEY COULD

There are not that many financial orgs in the country (my guess at this point would be about 200 to 300 max)
so

The CRA's could have a system set up with regards to the licence category, so if they that do not have the correct category of licence then they can only do so much on the CRA's web site, ie different categories allows them to do different things

This could show that the CRA's COULD quite easily reduce or stop this sort of actions happening illegally

[Sparkie1723]

Re: Swift Advances plc & CRA's

Thanks for the input Gordon.............remembering hat CRA's are classed as a data controller .....this little snippet issued by the ICO says a lot


Sparkie

3.1.4 Lawfulness
The Act does not provide any guidance on the meaning of "lawful". The natural meaning of unlawful has been broadly described by the Courts as "something which is contrary to some law or enactment or is done without lawful justification or excuse" (R v R [1991] 4A11 ER 481). The term applies equally to the public and private sector and to breaches of both statute and common law, whether criminal or civil. An example of information unlawfully obtained might be information which is obtained as a result of a breach of confidence or in breach of an enforceable contractual agreement. Since 2 October 2000 it applies to a breach of the Human Rights Act 1998 by a data controller bound by that Act.

This means that a data controller must comply with all relevant rules of law whether derived from statute or common law, relating to the purpose and ways in which the data controller processes personal data.

There are certain areas of law concerning the use of information and the relations of data controllers with individuals, which have particular relevance where breaches of the First and Second Principles are being considered. These are:
(a) confidentiality arising from the relationship of the data controller with the data subject;
(b) the ultra vires rule and the rule relating to the excess of delegated powers, under which the data controller may only act within the limits of his legal powers;
(c) legitimate expectation, that is, the expectation of the individual as to how the data controller will use the information relating to him;
(d) Article 8 of the European Convention on Human Rights (the right to respect for private and family life, home and correspondence).
These areas, particularly (b) to (d) above, are especially important in the case of data controllers in the public sector, who, for example, often have extensive statutory powers enabling them to require information from individuals.
There are circumstances where an obligation of confidence arises between a data controller and an individual about whom information is recorded, for example in relation to medical or banking information. The effect of an obligation of confidence is that a data controller is restricted from using the information for a purpose other than that for which it was provided or disclosing it without the individual's permission. It would be unlawful for a data controller to do this unless there was some overriding reason in the public interest for this to happen. Where such personal data are processed for a purpose other than that for which the information was provided, the processing is likely to be unlawful processing.
Many public bodies, for example government and statutory organisations, deal with personal data in order to carry out specific functions. In doing so they must act within the limits of their powers. Such powers may be set out in statute or be defined in a scheme of executive powers. Such bodies should be aware of the extent
18
Data Protection Act 1998

[Gorang]

Re: Swift Advances plc & CRA's

Update in red in post 2

And I thought Equifax was big, just take a look at experian as they are the biggest closely followed by Callcredit

the directiors and the companies is involved with this 3 companies is astronomical

[Sparkie1723]

Re: Swift Advances plc & CRA's

UPDATE EQUIFAX.

Received a short response from Equifax as follows....my draft reply follows this....................no one should doubt ...this is going to be in the Courts as fast as I can
sPARKIE..
Dear Mr “Sparkie”

Thank you for your recent correspondence concerning entries on your Credit
Report for Swift Group.

Firstly I would again like to thank you for your patience while we have
worked to investigate your queries. I have included each query separately
below to ensure a full response is available for each;

Credit Report entry for Swift

This entry was disputed with Swift and they have advised;

Swift Advances plc is the company with which Mr “Sparkie” entered into an
agreement and legal charge. Swift Advances plc is the registered
proprietor of the Legal Charge over the Defendant’s property. Swift
Advances plc is part of the Swift Group, as defined by the Companies Act.

I confirm the above entry will remain on your Credit Report.

Disputed search

The search in question was disputed and we have been advised the search was
conducted by a 3rd party unrelated to Swift Advances plc, namely Promise
Finance.

Any queries concerning this search should be directed to this 3rd party.

Associate Record

I have removed the associate record for Mrs “Sparkie” and have generated
a new Credit Report to confirm this has been amended.

My final investigation into this matter is now closed. If however you are
not satisfied with the outcome of my final review, I would suggest that you
may wish to contact a regulator, who will complete an independent and
impartial review of your complaint. Their services are available free of
charge.


Dear Kathryn Keogh,

I will not be contacting the ICO, it takes more than 9 months for any complain to be allocated to a case worker, the easiest and simplest way to resolve this Complaint about EQUIFAX Ltd is in the Small Claims Court, It is absolutely clear that Equifax Ltd accept explanations from " their Clients" with any proof whatsover, against the absolute proof I have provided,

1...I have provide Equifax Ltd with prima fascia documentary evidence that the loan account which information about is being supplied by "Swift Group" was transferred/sold/assigned to Kestrel Loans No 1 Ltd on 18th April 2007.

2...I have provided Equifax Ltd with prima fascia documentary evidence that our loan payments are being accounted for by Kestrel Loans No 1 Ltd

3...I have provided Equifax Ltd actual prima fascia documentary evidence that my partners and my separate credit files were copied by Promise Finance/Solutions Ltd on 19/02/2007.
This was then passed on to "Swift Advances".
Equifax Ltd are well aware that by accepting ( obtaining) this file from Promise Finance/Solutions Ltd is designated as further processing of data.

4...I have provided Equifax Ltd actual prima fascia documentary evidence that our separate credit files were again copied, on this occasion by Swift Advances plc on 22/03/2007 at 10:04:57 A.M

5...In relation to credit file copying I brought to Equifax Ltd's attention again that my credit file was also copied by the National Westminster Bank Ltd on 6th January 2006.

The above issues have been totally ignored by Equifax Ltd.

Today I brought to Equifax Ltd's attention in a phone call that on the First Page of my Credit report supplied by Equifax Ltd is an entry under associate created by Swift Advances plc on 29/01/ 1996.
No such association occurred between the person named ( My Partner maiden name and married name) and Swift Advances plc, until April 2007.

A Misrepresentative statement under the Misrepresentation Act. In fact the whole circumstances surrounding "Swiftv" which ever name they decide to use is a misrepresentation of actual facts.


The wrong association entry has been removed, if you will note that was an error again by Equifax as it lasted 1 Day......i.e. created and removed on same day

It is clear that these issues must be brought into the Public arena of the Court, it is of massive public interest and importance that the issue of he ease that Equifax Ltd allow credit files to be copied by any of their clients without the sightest knowledgs of data subjects.

Finally how can an unrecognised body, ....a business non entity supply information about an account and loan agreement that belongs to and is being accounted for by a totally separate Ltd company.

I have never encountered such a biased view/investigation?? on a complaint before, a point I am absolutely certain a reasonable Judge would bagree on, when presented with the evidence.

My partner and I will be issuing proceedings forthwith, as her complaint is of exactly the same nature, this email should therefore be accepted as a Letter Before Action.
Your letter of final response leaves us no other alternative.

Yours sincerely





Yours sincerely
PLEASE Any additions suggestions welcome


SPARKIE

[Gorang]

Re: Swift Advances plc & CRA's

Looks good but have one suggestion

BEFORE you send this, as they said

This entry was disputed with Swift and they have advised

send Equifax another SDAR and see if they did indeed contact or were "advised" by swift, if they did then that should show up as a third party, if they did then it could be interesting what the rest of the advisory contained and if they didn't then that is more amo for court,

reason for the SDAR, I strongly suspect this could be a standard robotic reply from a desk clerk

just make the DSAR for specific dates, from when you sent the last email unitil tomorrow, and include written documentation and phonecall transcrits or recordings, and anything else you can think of

[Sparkie1723]

Re: Swift Advances plc & CRA's

Looks good but have one suggestion

BEFORE you send this, as they said

send Equifax another SDAR and see if they did indeed contact or were "advised" by swift, if they did then that should show up as a third party, if they did then it could be interesting what the rest of the advisory contained and if they didn't then that is more amo for court,

reason for the SDAR, I strongly suspect this could be a standard robotic reply from a desk clerk

just make the DSAR for specific dates, from when you sent the last email unitil tomorrow, and include written documentation and phonecall transcrits or recordings, and anything else you can think of

Morning Gordon & everyone.
You & I must be ...."Phsyco-delic"....... or somethin like that ..............SDAR already in envelope along with cheque asking those very questions and more.......in fact ..............a big long "shopping list"
Am also sending Swift another SDAR specifically asking for records of all correspondence e-mails letters, transcripts of any /all telephone coversations with Equifax so that I can compare the two SDAR lots of info........Good move do you think?

Sparkie

[Sparkie1723]

Re: Swift Advances plc & CRA's

Draft SDAR to Swift

Please supply the following data and information;

1…Copies of all records and documentary evidence and information surrounding the transfer/assignment/sale of our loan as stated on the 2nd page of the History Notes of our account information.

2…Statements of our account that should have been supplied as soon as possible after the
8th October 2008, in compliance with Statutory Regulations for the following periods;
a) 8th October 2009 ------ 3rd April 2009.
b) 4th April 2009 ----------3rd April 2010
c) 4th April 2010 --------- 3rd April 2011
d) 4th April -----------------to date.

3…Transcripts/recordings of the last telephone conversation between myself and a Mr Damien King.

4…Transcripts of all telephone recordings between Swift Advances and/or Swift Group, Swift Group Legal Services with a designated representative Mr xxxxxxx, son of Mrs xxxxxxx.

5…Transcipts of all telephone recordings between Swift Group/Swift Advances/Swift Group Legal Services and Equifax Ltd CRA, and copies of any and all other correspondence and the manner of transmission of such correspondence.

6…Copies of all/any and all correspondence appertaining to ourselves with any other third party including the Information Commissioners Office and the Credit Reference Agency Callcredit Ltd.

7…A copy of our Credit File Report which was down loaded and copied by Swift Advances plc at 10:04:57 on 22/3/2007 from the data banks of Equifax Ltd, CRA.

I advise that further to this request being made by way of our rights under the Data Protection Act 1998, it is also made under a request for disclosure under Section 3 of the New Fraud Act, which provides for disclosure of information we are legally entitled to.

I also advise that copies of this request is being sent to the ICO and the OFT, in order they have records of this request.

Yours sincerely

[Gorang]

Re: Swift Advances plc & CRA's

You & I must be ...."Phsyco-delic"....... or somethin like that

either that or just a pair of Phsyco's PMSL

SDAR look good mate

Also good idea on one to swift also (Dam I missed that one)

Good job one of us are on the ball PMSL

[Sparkie1723]

Re: Swift Advances plc & CRA's


JUst strengented the SDAR......it will be on its way this afternoon
Sparkie
To
The Data Controller or Data Compliance Officer
Swift Advances plc
Arcadia House
WarleyBusinessPark
The Drive
Brentwood. Essex
CM13 3BE

Dear Sir or Madam
Ref Account/Agreement No:

DATA PROTECTION ACT 1998 SUBJECT ACCESS REQUEST
This Subject Data Access Request is made under sections 7, 8 & 9 of the Data Protection Act 1998, and by virtue of the Data Protection (Subject Access) ( Fees and Miscellaneous Provisions) Regulations 2000 ( S.I.No 191).

1…Copies of all records and documentary evidence and information surrounding the transfer/assignment/sale of our loan as stated on the 2nd page of the History Notes of our account information.

2…Statements of our account that should have been supplied as soon as possible after the
8th October 2008, in compliance with Statutory Regulations for the following periods;
a) 8th October 2009 ------ 3rd April 2009.
b) 4th April 2009 ----------3rd April 2010
c) 4th April 2010 --------- 3rd April 2011
d) 4th April -----------------to date.

3…Transcripts/recordings of the last telephone conversation between myself and a Mr Damien King.

4…Transcripts of all telephone recordings between Swift Advances and/or Swift Group, Swift Group Legal Services with our representative Mr xxxxxxxx, son of Mrs xxxxxxxxxxxxxx.

5…Transcipts of all telephone recordings between Swift Group/Swift Advances/Swift Group Legal Services and Equifax Ltd CRA, and copies of any and all other correspondence and the manner of transmission of such correspondence.

6…Copies of all/any and all correspondence appertaining to ourselves with any other third party including the Information Commissioners Office and the Credit Reference Agency Callcredit Ltd.

7…A copy of our Credit File Report which was down loaded and copied by Swift Advances plc at 10:04:57 on 22/3/2007 from the data banks of Equifax Ltd, CRA.

8…Copies or copies of the records of the two cheques made out to Mrs xxxxxxxxxx and Mr xxxxxxxxxxxon or around 4th April 2007, for the sums of £21,500 each.

9…A further request for a copy of the underwriting sheet with the personal information that has been redacted on the copy of the previous one supplied, such as the value of out property, the name of our First Mortgage provider, and other information we are entitled under the New Fraud Act section quoted.

10… A copy of the document sent to Promise Finance Ltd at 10.33 a.m. on the 4th April 2007. The reference of this document is BRO/COMP/FAX, containing personal information relating to ourselves, a copy of this document is an important document bthat has been with held from previous SDAR requests

I advise that further to this request being made by way of our rights under the Data Protection Act 1998, it is also made under a request for disclosure under Section 3 of the New Fraud Act, which provides for disclosure of information we are legally entitled to.
I copy below for avoidance of doubt as to yor legal duties

Section 3 of the New Fraud Act makes it an offence to commit fraud by failing to disclose information to another person where there is a legal duty to disclose the information. A legal duty to disclose information may include duties under oral contracts as well as written contracts. The concept of "legal duty" is explained in the Law Commission's Report on Fraud,
7.29 For this purpose there is a legal duty to disclose information not only if the failure to disclose it gives the victim a cause of action for damages, but also if the law gives the victim a right to set aside any change in his or her legal position to which he or she may consent as a result of the non-disclosure. For example, a person in a fiduciary position has a duty to disclose material information when entering into a contract with his or her beneficiary, in the sense that a failure to make such disclosure will entitle the beneficiary to rescind the contract and to reclaim any property transferred under it."


I also advise that copies of this request is being sent to the ICO and the OFT, in order they have records of this request.
Yours sincerely

[Gorang]

Re: Swift Advances plc & CRA's

Looks good to me

[Sparkie1723]

Re: Swift Advances plc & CRA's

I contacted Swift today by phone and spoke to Damian King who as usual wanted to know what it was about I told him I wanted to speak to someone in Compliance to ask....
1...Why they had told Equifax that they did not copy our credit files, and
2...Why we had NEVER received a statement of account that they were obliged to provide all customers since October 2008 in compliance with the regulations regarding statement of accounts.

I was left waiting for some time and then he told me he was not to put me through to Compliance and that he was not to talk to me unless it was about making a payment...........why do they talk to everyone else and .......not to me??? I am so upset!!!!hone:

Sparkie