Tesco Personal Finance / RBS Default Notice

[The Debt Star]

Re: Tesco Personal Finance / RBS Default Notice

AC, agreed, but we should know by now it makes no difference!!

[Angry Cat]

Re: Tesco Personal Finance / RBS Default Notice

AC, agreed, but we should know by now it makes no difference!!

The Data Protection Act 1998, is quite clear.

If the "Default" information has been processed for six years, from the date of the first Default registered with the CRA's, that information must be removed from the individuals CRA credit file.

Obviously, the individual concerned would have to provide documentary evidence providing proof that the processing would be considered: excessive.

[basa48]

Re: Tesco Personal Finance / RBS Default Notice

The Data Protection Act 1998, is quite clear.

If the "Default" information has been processed for six years, from the date of the first Default registered with the CRA's, that information must be removed from the individuals CRA credit file.

Obviously, the individual concerned would have to provide documentary evidence providing proof that the processing would be considered: excessive.

Obviously lenders and the CRAs would not want to be seen to continue Defaults on accounts for longer than is allowed (incidentally I know of no legislation or guidance that states 6 years for Defaults), but I am utterly convinced there is another 'underground' layer of reporting that no-one but the lenders have access to where adverse information is circulated.

[Angry Cat]

Re: Tesco Personal Finance / RBS Default Notice

Obviously lenders and the CRAs would not want to be seen to continue Defaults on accounts for longer than is allowed (incidentally I know of no legislation or guidance that states 6 years for Defaults), but I am utterly convinced there is another 'underground' layer of reporting that no-one but the lenders have access to where adverse information is circulated.

The Data Protection Act 1998
Principle 3:
Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed and the;
Fifth principle

Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

[Angry Cat]

Re: Tesco Personal Finance / RBS Default Notice

Please scroll down to, "Agreed Industry Practices":
http://www.ico.gov.uk/for_organisati...inciple_5.aspx

[The Debt Star]

Re: Tesco Personal Finance / RBS Default Notice

Yes, yes, the law says they shouldn't do "ABC" but they still bl00dy well carrying on damaging debtor's credit reports. There are other posts, plenty of them, about this issue. And the ICO is as useless as a fart in a jaccuzzi

[Jadkins]

Re: Tesco Personal Finance / RBS Default Notice

Hi

Just thought I'd update you on what has happened since I posted my request for advice regarding my default with RBS.
I didn't bother sending any SAR's as I was damned if I was giving them any of my money! As I'd had basically 2 fingers from Triton Services I contacted the ICO requesting guidance on how best to procede. They told me to contact Tesco not Triton. I sent my letter to their offices in Glasgow as that is who they had previously told me to contact regarding any issues I had about my loan. The reply I received though was from their Customer Service Dept in Telford! They told me the reason for adding the default on 5/11/05 was because I had missed 6 payments to them and that a new arrangement to pay was not put in place by the CCCS until February 2006. What an absolute pack of lies. Damn good job I still had my statements eh!! I rang them up for an explantion and they were still insistent that I had missed 6 months of payments. So I asked the pertinent question who's had those payments if you haven't, because I have statements showing that I have made them. He couldn't answer that one. I was told to write again to asking for them to reopen my complaint. So I dutlfully wrote a very polite letter providing them with the proof that I hadn't missed the 6 payments they said I had and a nice email from the CCCS confirming that no payments had been missed. I had a very nice letter back apologising for suggesting that I'd missed those payments and they have removed the default from my credit file. I have checked all 3 CRA's and yes it's gone. Yes I got the result that was due but I shouldn't have had to do any of this. They have basically lied through their teeth.
Now I'm going to make a complaint to the Financial Obudsman regarding their handling of my complaint.

[QCKate]

Re: Tesco Personal Finance / RBS Default Notice

Good for you, one day these people will learn.

wont they??

Hope your going to ask for compensation.


QCK

[Jadkins]

Re: Tesco Personal Finance / RBS Default Notice

It is nice to beat the bad guys now and again, it gives you a nice warm fuzzy feeling inside. Unfortunately I don't think they will change their ways anytime soon. Yes I am going for compensation and will keep you updated of my progress. Thanks to everyone who has helped point me in the right direction.