UK victims of identity fraud are being urged to use the Data Protection Act as a tool to restore their credit rating. E-Victims.Org, a former internet support group for those affected by cybercrime, said that even after victims are able to establish fraud and absolve themselves of liability to fraudulent debt they are still left …
Don't get me started on F***ing Credit Reference Agencies
Those f*ckers need to be accountable for their errors! (or at least be obligated to disclose the name of the lender that provided the bollocks info so that they can be!!)
And us common folk need the power to sue some f*ckers arse off when one of these mistakes negatively effects our lives!
I have told the F'ing F'wits at Expirian that I am in fact registered at my home address and have been over 15 years ( I even checked that I was as far as the council are concerned!) it lasted about a week before they reverted to the duff info again.
Why should I have to go through a heap of shit (x3) at cost of time and expense to me just to make sure that they have the right information?????
If they were accountable then they would make sure that the info was correct before ruining peoples lives!!!!
If it was only up to me these f*cking devil spunk companies would not exist in their current, life wrecking format.
Works for the TV Licencing too
I used this method to get the TV Licencing off my back. I was under constant barrage of "You don't have a licence you criminal" letters and visits when moving house, and at the time I didn't actually own a TV at my new house (I didnt move in fully for almost 2 years). Several letters written to the TVL didnt' stop the letters and visits, in the end I wrote to the DPA pointing out that TVL had inaccurate information recorded against me, and were refusing to correct their information, despite all the letters previously sent (which I also attached as a copy). Couple of weeks later, problem solved. I received a letter saying they had updated their records.
Can't you under the DPA prevent these Credit Quango's from automatically processing your information.
Section 10 Notice I think.
Section 10 Notice
If that is the case, I need to find out more about that...
I almost had my hopes up, until I realised all the letters I get are now addressed to 'the occupier'. Does that count as me as far as the DPA is concerned.
Oh well, it's not as if they send any of their thugs around outside of work hours.
It's legalese, and you have to check the cross references, but section 10 basically says that if they screw up, or even just use, your details in such a way that causes you substantial damage or distress, you can force them to stop "processing" your data. You write to them and they have 21 days to fix the problem and show you adequate proof.
It won't apply if you claim "substantial damage or distress" caused because someone won't lend you money based on accurate data, but if they have inaccurate data that causes someone to pull a credit line, they're in the firing line.
In most cases I've seen, if they are incapable of correcting the information, they are required to delete it. In one case, the idiots at the credit company went "meh, we'll take the hit of losing one record, rather than correcting it", until the data protection officer pointed out that they would be required to purge it from their backups as well...
Since the government and police decided that banking/credit card fraud was the responsibility of the banks, and the banks/CC co's farm credit rating out to third parties it's sadly predictable that it would all come back to the service user to correct such screw ups.
Good on the AC for giving solid advice.
Thank you AC
Will look into that
Mine were addressed to me. They have probably changed the paperwork so it reads as "The Occupier" to get around DPA issues.
Another way to get the credit reference people to check their facts
IANAL, but ... sue for libel.
The way to deal with the TVL people is to write "Moved away - Return to Sender" on one of their missives. A few weeks later they'll send another one but it'll be addressed to "The Occupier" because they'll assume you're not there now so some other 'criminal' has moved in and hasn't got a TV licence. At least that's what happened to me when I moved in here and did that with one addressed to the previous people.
The other thing to do if you haven't got a TV is just bin anything they send and refuse to communicate with them.
Re: Section 10
I think this would work but would have a fairly serious consequence. If you refuse to allow the credit reference agencies to report on you or get them to remove your data, you basically remove all traces of your credit history. This might sound like a good thing but in the current climate no bank is going to lend to you.
This may or may not be a good thing (depending on the position you started from) but is worth keeping in mind. No credit reference pretty much means no credit today.