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  • FIRST POST
    • ScaredWitless
    • By ScaredWitless 6th Nov 17, 8:58 AM
    • 142Posts
    • 12Thanks
    ScaredWitless
    Subject Access Request
    • #1
    • 6th Nov 17, 8:58 AM
    Subject Access Request 6th Nov 17 at 8:58 AM
    I made a subject access request for everything in relation to an account held previously at MBNA which was sold to Max Recovery.

    I understand it takes up to 40 days for the information.

    I have a concern.

    I viewed my Noddle credit score over the weekend, and I am wondering as to why MBNA did a credit search!?

    Is this normal procedure when doing an SAR!?
Page 2
    • Richey_
    • By Richey_ 6th Nov 17, 1:51 PM
    • 265 Posts
    • 303 Thanks
    Richey_
    I heard you can get £10,000 per point lost in compensation.

    I’d now be using the MBNA card to buy some awesome stuff, max it out, have nothing to show for it and expect it repaid with MBNAS money.
    Oh wait you halve already done that.......!!!!

    • ScaredWitless
    • By ScaredWitless 6th Nov 17, 2:18 PM
    • 142 Posts
    • 12 Thanks
    ScaredWitless
    When you look into this business of permission, it turns out, somewhat surprisingly, that no one actually needs your permission to do any of this. The ICO allow anyone/any organisation to access your credit records provided they have a justifiable reason to do so. I found this out when I looking at what water companies can do. They can report your accounts, carry out searches - hard and soft - all without your permission.


    Definition of justifiable: there isn't one as far as this issue is concerned.
    Originally posted by tenchy
    Why would they place a search when the business already knew my details!?

    Surely if they knew my details no such search would be needed!?

    Also, the ICO told me quite clearly its not common practice to search your credit file after receiving a subject access request.
    • StopIt
    • By StopIt 6th Nov 17, 2:21 PM
    • 1,371 Posts
    • 1,169 Thanks
    StopIt
    Why would they place a search when the business already knew my details!?

    Surely if they knew my details no such search would be needed!?

    Also, the ICO told me quite clearly its not common practice to search your credit file after receiving a subject access request.
    Originally posted by ScaredWitless

    Because it wasn't a credit search.


    For the final time, read the actual search reference. It was an account check. They were matching your details, against what is held on the CRA system. They did not search anything else, nor did they perform any checks on your actual credit history.


    Also, not being common practice, does not preclude it happening.


    It did in this case, is perfectly above board and no, for the hundredth time, is not the signal for you to ask for money. You've made no monetary loss because MBNA wanted to check you were..well, you.
    • nic_c
    • By nic_c 6th Nov 17, 9:03 PM
    • 1,083 Posts
    • 618 Thanks
    nic_c
    Because it wasn't a credit search.
    Originally posted by StopIt
    Well one of the problems with Noddle is they don't separate out hard and soft searches, and so someone without the ability to comprehend the difference may be mislead. Maybe the OP could claim compo from Noddle for all the stress called.
    Hope I haven't given OP any ideas and we end up with a new thread
    • sargeantsalt
    • By sargeantsalt 9th Nov 17, 12:24 AM
    • 34 Posts
    • 10 Thanks
    sargeantsalt
    Sorry to go off topic. The OP has reacted as many normal people do when they discover they have no control of their personal data. It is unfair to him as he might feel that a person should have a little power over their own existence and how they are treated by others.
    When you look into this business of permission, it turns out, somewhat surprisingly, that no one actually needs your permission to do any of this. The ICO allow anyone/any organisation to access your credit records provided they have a justifiable reason to do so. I found this out when I looking at what water companies can do. They can report your accounts, carry out searches - hard and soft - all without your permission.
    Originally posted by tenchy
    You are right in that consent is only 1 of 6 possible conditions for processing and that permission is not always required. You are also right that the ICO allows just about anything so long as there is at least a tiny thread of justification.

    The fact you and most normal people find it surprising indicates the practice falls short of reasonable expectations of fairness.

    Processing must be "fair". A judge has wide discretion and can use any reasoning he likes to decide that it is unfair, even if 1 or more of the 6 conditions is satisfied. It is quite possible (in theory) that a court could decide it was unfair for your credit data to be shared simply for drinking a glass of water.

    In practice, no-one would be likely to afford the legal bill to put it to the test.
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