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T&C's Not Stating Reporting to CRA's?

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  • T&C's Not Stating Reporting to CRA's?

    Hi there,

    On Jan 4th 2010 BG state that I defaulted on one account but not the other (only 3 entries on one account a 6,6,8 and four the other 6,6,6,0) after leaving a student house, I assumed both were paid off before moving and I am hoping they realise this without me having to go down the legality route.

    Should they not my legal view is that looking at these T&C's I did not believe they would register my information with the CRA's and up until 2010 they didn't. Looking at them I don't believe these T&C's state they can report to the CRA's - just take information from it and base their decision on that data. I have not SAR'd them yet, as they state they will have the documentation ready to review on Wednesday (although I was promised this would be today) - to date I have no signed T&C's from them, no bills, no account management data nothing.

    BG 2007 T&C's

    11.7 We will check your details with one or more credit-reference and fraud-prevention agencies to help us make decisions about your ability to make payments and the goods and services we can offer you. We have given a brief guide to how we, the credit-reference and fraud-prevention agencies will use your information below.

    (a) We will search at credit-reference and fraud-prevention agencies for information about you and all the people you are applying with - if you are providing information about others on a joint application, you must make sure they agreed that we can use their information to do this. If you provide false or inaccurate information and we suspect fraud, we will pass your details to credit-reference and fraud-prevention agencies. Law enforcement agencies may access and use this information.

    (b) We will use the information provided to us by credit-reference and fraud-prevention agencies to:

    - help make decisions about credit or credit-related services for you and anyone applying with you;

    - check your identity;

    - prevent and detect fraud and money laundering; and

    - manage your account

    (c) When credit reference agencies receive a search from us they will record this on your credit file whether your application is successful or not.

    (d) We and other organisations may also use this information to prevent fraud and money laundering, for example when:

    • checking details on applications for credit and credit-related services
    • managing credit and credit-related accounts and services;
    • recovering debt;
    • checking details on applications and claims for insurance; and
    • checking details of employees and people applying for jobs.

    Organisations from other countries may use the information recorded by fraud-prevention agencies.

    (e) If you want to see what information credit-reference agencies hold about you, you can contact the following three credit-reference agencies currently operating in the UK. The information they hold may not be the same, so it is worth contacting them all. They will charge you a small fee.

    Compare that to their updated T&C's:

    Here’s a brief guide to how we – along with credit-reference and fraud-prevention agencies – use your information.

    1. We’ll ask the agencies for information about you and all the people you are applying with. If it’s a joint application, and you’re giving information about other people, you need to make sure they agree that we can share their information with the agencies.

      If you give us false or inaccurate information and we suspect fraud, we’ll pass your details to credit-reference and fraud-prevention agencies. The information might also go to law-enforcement agencies (such as the police and HM Revenue & Customs).
    2. We and other organisations can look at information about you that credit-reference and fraud-prevention agencies have given us. We can use this information to, for example:
      - check details on applications you make for credit and credit-related services;
      - check your identity;
      - prevent and detect fraud and money laundering;
      - manage credit and credit-related accounts or services;
      - recover debt;
      - check details on applications and claims for all types of insurance; and
      - check details of employees and people applying for jobs with us;
    3. When we ask credit-reference agencies to do a search about you, they’ll record that on the credit file they keep about you. They’ll do that whether or not we go on to supply you with gas or electricity (or both).
    4. We’ll give credit-reference agencies information about your account with us, and how you manage it. The agencies will record that information.

      If you’ve got an account with us and you don’t pay us any money you owe, in full or on time, credit-reference agencies will record the debt. They might give that information to other organisations and fraud-prevention agencies to carry out similar checks, find out where you are and deal with any money you owe.
      The credit-reference agencies keep records for six years after:
      - your account’s closed;
      - you pay the debt; or
      - someone takes action against you to recover the debt.
    5. We and other organisations might see (and use) information that the fraud-prevention agencies have received from other countries.

    My argument is that, based on part 2 of the DPA

    Part II Rights of data subjects and others

    7 Right of access to personal data.

    (1)Subject to the following provisions of this section and to [F12sections 8, 9 and 9A], an individual is entitled—
    (a)to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

    (b)if that is the case, to be given by the data controller a description of—
    (i)the personal data of which that individual is the data subject,

    (ii)the purposes for which they are being or are to be processed, and
    (iii)the recipients or classes of recipients to whom they are or may be disclosed,

    Here I do not believe they have done that.

    I know BG will argue that by continuing my supply any T&C updates are tacitly accepted, but I know the ICO will not accept this as an argument. Especially as for 2 years, no reporting, then only reporting negative data, this in my opinion goes against the DPA guidelines on reporting historic data also.

    Thank you for reading and any thoughts?
    Tags: None

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