Arrangement to Pay (AP)

green8890

Willing2Learn said:

What did the ICO say?
Does that mean you have escalated a complaint to the ICO?
Have you asked your creditors to follow guidance that implies accounts should be recorded as defaulted once you are 3-6 months in arrears?  If the creditor just marks the file as AP, then you are suffering detriment compared to someone who makes no effort to settle an account.

Thanks for your reply I also thought of this , as my last option if they wouldn't remove it. And our account was 7 months AP. It was arranged for 10 but when I found out that this was stopping us getting a new mortgage I settled straight away. As I said I was totally not aware my information would be shared like this as I asked on the recorded call I stupidly thought that would cover me if indeed they would do something like this 

Willing2Learn

Just so you know, an 'AP' marker on your credit files should not cause any problems when applying for mortgage.  Depending on the rest of the data in your three credit files, you may still be able to approach one of the big banks for a standard mortgage.  If your credit files have adverse data in addition to the 'AP' marker, then you may need the services of a good mortgage broker instead of the bank.

green8890

Willing2Learn said:

green8890 said:

When making my complaint with ombusman I never knew about any of these documents and I also didn't know about ico now I have all this information I have appealed there decision I wasnt happy that I have to basically do the investigation myself and call ico and see what guidelines eon failed us on I thought that was the ombusman job

If you are stating that you have complained to the FOS, then you have escalated the complaint to the wrong organisation.  You need to be escalating to the ICO office as your query is data-related.  You would be querying the accuracy of data recorded on your three credit files.

I have raised the complaint with the energy ombusman. Eon told me to do this as they didn't have the power to remove it only they would .in my decision from ombusman they told me they couldn't remove it due to the document reporting the arrangement and defaults to cra .only when receiving this decision I found out about this document and the ico so I decided to give them a call to see if they could provide me with anything to strengthen my case I will message u the reply 

eskbanker

green8890 said:

I have messaged you the ico response 

Sorry, I don't engage in discussions of the content of forum posts via private messaging, but from a quick look can't see why you wouldn't share it on here for all to see, redacting any identifying details.

green8890

Willing2Learn said:

Just so you know, an 'AP' marker on your credit files should not cause any problems when applying for mortgage.  Depending on the rest of the data in your three credit files, you may still be able to approach one of the big banks for a standard mortgage.  If your credit files have adverse data in addition to the 'AP' marker, then you may need the services of a good mortgage broker instead of the bank.

This is only thing on our credit file and our current mortgage lender uses Equifax and they have told us that our application got reject because of the conduct on one of our accounts this is only thing on our credit file or a wouldn't be going to the hassle of trying to remove it 

Willing2Learn

Eon might say that you should complain to the Energy Ombudsman as they would not know or understand the process.  It is always the ICO to whom people should escalate the complaint when the query is data-related.  You could even complain to both...

green8890

Willing2Learn said:

Eon might say that you should complain to the Energy Ombudsman as they would not know or understand the process.  It is always the ICO to whom people should escalate the complaint when the query is data-related.  You could even complain to both...

I have done that now as mentioned I didn't know the ico exist until a recived my response from energy ombusman. Did you manage to read the response from the ico ?

Willing2Learn

Sorry, but I am the same as eskbanker, in that I also do not typically respond via PM.  All discussions should be anonymous and via the thread.  Your name and file reference should not have been PM'd to me.  You do not know who I am.  I could be a bad dude (or dudette)  who misuses your personal data....

green8890

Willing2Learn said:

Sorry, but I am the same as eskbanker, in that I also do not typically respond via PM.  All discussions should be anonymous and via the thread.  Your name and file reference should not have been PM'd to me.  You do not know who I am.  I could be a bad dude (or dudette)  who misuses your personal data....

23 April 2020

 

Case Reference Number 

 

Dear Mr x

Thank you for calling the Information Commissioner’s Office (‘ICO’) via our Helpline.

Summary of concerns and application of data protection legislation

As discussed we understand that you are dissatisfied with the way EON has handled your personal data. Specifically, you are concerned that the organisation failed to correctly inform you as to how your personal data would be processed if you agreed to a payment plan. This is because you state that EON confirmed that it would not disclose information regarding the payment plan to your credit file when this was not the case.

As advised by the ICO, when an organisation processes personal data it must comply with Articles 13 and 14 of the General Data Protection Regulation (‘GDPR’) which are commonly referred to as the ‘right to be informed’. Often an organisation will make attempts to comply with these Articles via making its Privacy Policy and/or Privacy Notice available to the individuals (sometimes via the organisations website). However in this case you state that you explicitly enquired as to whether information would be disclosed to your credit file, to which EON incorrectly stated it would not. If answered correctly we appreciate that you may have considered other options available to you.

We also appreciate that you are concerned with EON’s compliance with Principle A of the GDPR. As discussed, Principle A states that personal data shall be ‘processed lawfully, fairly and in a transparent manner’. Following on from the section above, as EON has misinformed you, you deem that it has not processed your information as per its obligations under the GPDR, nor has it processed data in a transparent manner.

Furthermore, as you are concerned that this information is now held on your credit file, and will be retained for a further six years, you attempted to have this information removed. However, both EON and Equifax have stated they will not remove the information as it is considered to be accurate. Whilst you do not dispute the accuracy you are concerned with EON’s compliance with the accountability principle, as well as Equifax’s handling of your right to erasure request.

Under Article 5(2) organisations ‘shall be responsible for, and be able to demonstrate compliance with’ the other principles. However, although you deem that EON has failed to comply with its data protection obligations, and has not deemed it necessary to request this information is removed from your credit file, you are concerned with its accountability.

In addition, we note that you are concerned with the way Equifax has handled your right to erasure under request under Article 17 of the GDPR. Under this right, individuals are afforded the right to request that their personal data is wholly, or partially, removed from an organisations systems. It is important to remember that this is not an absolute right and can only be upheld in specific circumstances. However, Article 17(1)(d) states that the organisation ought to comply with the request when ‘the personal data have been unlawfully processed’.

Further guidance

As your partly relates to information held on your credit file, please note that we do have information about credit reference agencies. Should you wish to review this information you can do so here:


Furthermore, as discussed it does not appear that we have not allocated you a case reference number as of yet for your complaint of 22 April 2020. Once set up and allocated, a Case Officer will be in contact with you about your case.

Should you have any further queries please feel free to contact the ICO further via the Helpline.

Yours sincerely,


Lead Case Officer
Information Commissioner’s Office
For information about what we do with personal data see our 

Willing2Learn

Have a look at the thread linked below, as you may find it useful to you.  The subject matter is similar to your query.

https://forums.moneysavingexpert.com/discussion/5884390/eon-lowell-ombudsman-update