Marks & Spencer created a financial association on a non-joint application
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From my understanding financial association should only be created if both are liable for the debt. On credit card only main applicant is liable for the debt if defaulted.
It's to protect them from you applying for a credit card and giving it to someone with terrible credit history that is going to fleece you.
I don't know why you'd include the information on the application, but the T&C said they would create a link and they did.
If there is no real financial link then applying to have it removed would seem to be the first step. If you have no joint accounts then there is not much they can do. If you're worried about your partners handling of money then maybe do something about that too.0 -
Hey folks
Just to clarify - I was NOT due to be an additional cardholder. The web form itself didn't suggest that either. My details weren't entered for that reason.
The form suggested (this is from memory, this was 2 years ago) something jovial along the lines of "please tell us about your partner" or something seemingly innocent. It was not to become a joint cardholder, it was not a joint application, it was not an additional cardholder.
Then next thing, a financial link is created.
My problem being that it was not a joint application and it was never suggested it was a joint application.
The effect on us has been negligible, but it was the principle of the matter. How can M&S get away with creating a financial link?? Especially as Martin said on the programme even MARRAIGE doesn't generate a financial link, so why on Earth should an extremely short form with minimal info (name, age, salary) create one?
No case updates yet but I will update in due course.0 -
Hey folks
Just to clarify - I was NOT due to be an additional cardholder. The web form itself didn't suggest that either. My details weren't entered for that reason.
The form suggested (this is from memory, this was 2 years ago) something jovial along the lines of "please tell us about your partner" or something seemingly innocent. It was not to become a joint cardholder, it was not a joint application, it was not an additional cardholder.
Then next thing, a financial link is created.
My problem being that it was not a joint application and it was never suggested it was a joint application.
The effect on us has been negligible, but it was the principle of the matter. How can M&S get away with creating a financial link?? Especially as Martin said on the programme even MARRAIGE doesn't generate a financial link, so why on Earth should an extremely short form with minimal info (name, age, salary) create one?
No case updates yet but I will update in due course.
I've seen this on application forms. They are bang out of order with this one. I hope you do take it up with the ICO and maybe the financial regulators.0 -
Processing must be fair and lawful. For this type of processing, consent is required. The OP/boyfriend is not party to the contract. The authority provided by the girlfriend is inadequate.. The right to process the data is given by contractual agreement between the lender and the girlfriend only. The girlfriend would need a signed power of attorney from the boyfriend giving her the right to agree to processing of data on his behalf and only then could the lender have the right to create an association. If the lender / CRA are right, it would mean that any person could give authority to be linked to any other person without their knowledge. The CRA is acting as agent for the lender and relies on the lender getting appropriate authority. The status quo is that the CRA has very little accountability if they are acting in good faith on the instructions of the lender. Howver, under the DPA, CRAs do have an obligation to ensure data is accurate. As the link was made on the basis of inaccurate information from the lender (that there was authority when there was not) the CRA must remove the link.0
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Thanks, yes SargeantSalt, with a few short fields and very little information, they made a link. Totally wrong IMO.
The case is indeed with both the Ombudsman and the ICO. Let's see what happens.0 -
Something that I'm not clear on:
Does the OP have a financial association from another credit product already?0 -
No, no previous financial links from any other credit product.0
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Well the Ombudsman have replied as follows.When the application was made in May 2014, you added your financial details to it and by
association this has been reflected in your credit file.
As discussed today, you accepted that your credit file must reflect the actions that you have
taken, and although you were unaware at the time that you would party to this application, you
have told me I can close this complaint based on the information I have seen to date.
what happens next
I think this is a fair outcome in the circumstances, for the reasons I’ve explained. If you decide
that you don’t accept my view, then an ombudsman here can look at everything again and make
a final decision.
He told me a lot has changed since 2014 and terms & conditions have been made clearer for these sorts of occurrences which I suppose was the main reason for my complaint in the first place.
Will see what the ICO view is when they respond.0 -
Well the Ombudsman have replied as follows.
He told me a lot has changed since 2014 and terms & conditions have been made clearer for these sorts of occurrences which I suppose was the main reason for my complaint in the first place.
Will see what the ICO view is when they respond.
Based on the response, the ombudsman is an obfuscating moron, and if you cut and paste the reply, it would appear that he can't even use English correctly.0 -
It looked better before I cut & paste
The ICO haven't responded yet either although I did receive the receipt acknowledgement. I've sent them a follow up.0
This discussion has been closed.
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