Default Removal - Help Pls. from STUDIO

[CleverClogs]

Re: Default Removal - Help Pls. from STUDIO

No it isn't good and its a bloddy disgrace when you consider its only 3 years in Europe.

I wonder how the CRAs justify keeping records of alleged defaults for six years, when section 6 and schedule 1 of the Prescription and Limitation (Scotland) Act 1973 extinguishes any obligation to pay a debt that has gone unpaid and unacknowledged for five years.

They have 40 days to comply with your SAR.

That is 40 days, not 40 wan... working days.

One might wonder if that period of time was cribbed from Genesis 7:12.

[The Debt Star]

Re: Default Removal - Help Pls. from STUDIO

Hi CC. As far as I'm aware, there is no law stipulating the adverse data has to be held by CRAs for 6 years but that time frame comes from the limitation period of 6 years for bringing civil claims and also from the FSA's Guidelines on data handling (which stipulates organisations must hold data for 3, 6 years of indefinitely depending on the product). In short, the 6 year period applied by the CRAs is utter unjustified nonsense. There should be a 3 year period as in Europe imo.

[Gorang]

Re: Default Removal - Help Pls. from STUDIO

You are right DS there is NO at ALL stipulating the time data is held by the CRA's

Some of us have been looking into this for a wee while now and what we have found where the 6 yrs has came from is here

The Act does not prescribe the period for which information is retained by credit reference agencies. However we understand that the Crowther Report on Consumer Credit 1971 expressed support for the view that a statutory time limit should be considered and suggested a period of six years should be adopted. At the time this was already the practice common to some of the major credit reference agencies. The Younger Committee on Privacy considered that as the prevailing practices of the agencies were coordinated, there was no immediate necessity for statutory recommendations to be made but prepared the ground for the Data Protection Act 1984 by recommending that periods should be specified beyond which the information should not be retained.


Account information is held by the credit reference agencies for a period of six years after the account was last active. It appears to be the case that in addition to current credit commitments the preceding six years of
an individual’s credit history is taken into account by credit grantors when applications for credit facilities are assessed. As a consequence this historical information would appear to be relevant to the purpose of credit referencing and by holding this information the agencies would not appear to be in breach of the fifth principle.

And the 6 yrs as only ever been suggested and recomended, NEVER implamented in any law Act.

[The Debt Star]

Re: Default Removal - Help Pls. from STUDIO

Interesting post, thanks.

[Gorang]

Re: Default Removal - Help Pls. from STUDIO

Account information is held by the credit reference agencies for a period of six years after the account was last active.

This is the bit I personally think is quite alarming because if a debitor like a P1ssed off DCA decided to update the info of an now inactive account every 5yrs and 6 month then that account would NEVER drop off the end

The consumer would need to battle like hell to get it removed, and thats WRONG
And lets face it how much do we P1ss off some DCA's or banks

But I know that it is unlikley to happen but that fact that alarms me is it COULD happen as it SHOULDN'T be allowed to happen AT ALL

But maybe its just me, I just do not trust any finacial org or CRA as far as I could pick up this forum and throw it

[The Debt Star]

Re: Default Removal - Help Pls. from STUDIO

This is the bit I personally think is quite alarming because if a debitor like a P1ssed off DCA decided to update the info of an now inactive account every 5yrs and 6 month then that account would NEVER drop off the end

The consumer would need to battle like hell to get it removed, and thats WRONG
And lets face it how much do we P1ss off some DCA's or banks

But I know that it is unlikley to happen but that fact that alarms me is it COULD happen as it SHOULDN'T be allowed to happen AT ALL

But maybe its just me, I just do not trust any finacial org or CRA as far as I could pick up this forum and throw it

I believe the DPA itself says something along the lines that data can be held for as long as necessary. In other words, under the DPA, it could be held forever.

The 6 years seems to come from the Money Laundering Regulations.

[nooralamc]

Re: Default Removal - Help Pls. from STUDIO

These papers received by them as DSAR after two reminders.
No Agreement papers.
Please advise my next step, I am desperate to remove the default else I am stuck for 6 years.
Your help will be highly appreciated.

1. Order Information
2. Account History
3. Account History Notes
4. Address Details
5. Address Details Notes
6. Account Log
7. Account Log Notes
8. Telephone Number
9. Telephone Number Notes
10. Last Status Update
11. Last Status Update Notes
12. Date of Birth Update
13. Date of Birth Notes
14. Payment Protection Screen
15. Payment Protection Screen Notes
16. Account Arrears Activity
17. Account Arrears Activity Notes
18. Application Information Screen
19. Application Information Notes
20. Additional Application Information
21. Additional Application Information Notes

Regards
NAC