Experian releasing personal information

Chris-x1

Hello, I had a good look around and couldn't find anywhere suitable to post this for potential replies but as it's credit card related I suppose it could sneak in here.

My current partner used to have an account with Lloyds TSB including a credit card. She ran up a certain amount of debt and tried to initiate a repayment scheme with Lloyds TSB who refused it. She was on benefits and had no means to repay them and they continued to phone and post her threatening letters.

She's since moved and recently opened up another bank account with another bank. Two years since she last spoke with Lloyds they sent a letter to her current address asking for payment of the oustanding amount. Rather Wescot Credit Services acting on behalf of Lloyds TSB did. In the letter addressed to her it said "they believed" she was residing there after information gathered from Experian.

Firstly I don't propose anyone sympathise with what she has done and this post is related to any of that. The key thing I want to ascertain here is ; Under what circumstances can Experian release personal address information? When someone is credit checked they authorise that party to access their credit information and I was under the impression that consent must be attained to do so.

My suspicion is that they have somehow used illegal means to access the information as I really find it hard to believe they could have just "phoned Experian" and they gladly handed over a "linked address" attached to a recent bank account. I know debt recovery agents do all sorts of underhanded things like ringing the DWP purporting to me relatives and try and gain address information under deception and before she rings Experian to argue with them over this I was wondering if anyone could shed any light on it.

Thanks

sutton111

Chris-x1 wrote: »

Hello, I had a good look around and couldn't find anywhere suitable to post this for potential replies but as it's credit card related I suppose it could sneak in here.

My current partner used to have an account with Lloyds TSB including a credit card. She ran up a certain amount of debt and tried to initiate a repayment scheme with Lloyds TSB who refused it. She was on benefits and had no means to repay them and they continued to phone and post her threatening letters.

She's since moved and recently opened up another bank account with another bank. Two years since she last spoke with Lloyds they sent a letter to her current address asking for payment of the oustanding amount. Rather Wescot Credit Services acting on behalf of Lloyds TSB did. In the letter addressed to her it said "they believed" she was residing there after information gathered from Experian.

Firstly I don't propose anyone sympathise with what she has done and this post is related to any of that. The key thing I want to ascertain here is ; Under what circumstances can Experian release personal address information? When someone is credit checked they authorise that party to access their credit information and I was under the impression that consent must be attained to do so.

My suspicion is that they have somehow used illegal means to access the information as I really find it hard to believe they could have just "phoned Experian" and they gladly handed over a "linked address" attached to a recent bank account. I know debt recovery agents do all sorts of underhanded things like ringing the DWP purporting to me relatives and try and gain address information under deception and before she rings Experian to argue with them over this I was wondering if anyone could shed any light on it.

Thanks

Wescot would of conducted a credit search for Outstanding Debt. They are allowed to search CRA's to do this. It will also say in their (the particular financial institution) terms and conditions 'that they may use credit reference agencies to trace debt'.

Debt Collection Agencies do use underhand tricks, but, this is legal.

never-in-doubt

sutton111 wrote: »

Wescot would of conducted a credit search for Outstanding Debt. They are allowed to search CRA's to do this. It will also say in their (the particular financial institution) terms and conditions 'that they may use credit reference agencies to trace debt'.

Debt Collection Agencies do use underhand tricks, but, this is legal.

Mate it's not entirely legal you know? Only if they have an official executed Notice of Assignment.... you have to remember that most companies bulk-process debt sales of accounts and forget the little details like issuing a default notice or assigning the debt (lawfully - not legally) to a third party DCA........:beer:

YorkshireBoy

Perfectly legal (thank goodness).

Google:
GAIN (gone away information network)
Hunter (fraud prevention agency)

See also: http://www.experian.co.uk/www/pages/what_we_offer/collections-debt-management/collections-debt-management.html

never-in-doubt

Chris-x1 wrote: »

Hello, I had a good look around and couldn't find anywhere suitable to post this for potential replies but as it's credit card related I suppose it could sneak in here.

My current partner used to have an account with Lloyds TSB including a credit card. She ran up a certain amount of debt and tried to initiate a repayment scheme with Lloyds TSB who refused it. She was on benefits and had no means to repay them and they continued to phone and post her threatening letters.

She's since moved and recently opened up another bank account with another bank. Two years since she last spoke with Lloyds they sent a letter to her current address asking for payment of the oustanding amount. Rather Wescot Credit Services acting on behalf of Lloyds TSB did. In the letter addressed to her it said "they believed" she was residing there after information gathered from Experian.

Firstly I don't propose anyone sympathise with what she has done and this post is related to any of that. The key thing I want to ascertain here is ; Under what circumstances can Experian release personal address information? When someone is credit checked they authorise that party to access their credit information and I was under the impression that consent must be attained to do so.

My suspicion is that they have somehow used illegal means to access the information as I really find it hard to believe they could have just "phoned Experian" and they gladly handed over a "linked address" attached to a recent bank account. I know debt recovery agents do all sorts of underhanded things like ringing the DWP purporting to me relatives and try and gain address information under deception and before she rings Experian to argue with them over this I was wondering if anyone could shed any light on it.

Thanks

Right mate, all you gotta do is return the letter saying unknown at this address. They will then go away. If they do not then post again and i'll give you a prove it letter to send them.

Going on the dates given, chances are that LTSB won't have the correct paperwork to enforce any action against you...... whatever you do, do not contact the DCA or admit to any debt with them!

After 6yrs the debt will drop off and can never return (Statute Barred).....

As for ringing DWP - if you have proof of this from DWP then you can have the actual company closed down and the staff members from both sides sent to prison. As ex internal fraud for JC+, we have a very stringent audit trail system in place (bear in mind it is the government gateway, i.e. access to anyone in the country) so staff would never risk accessing an account on the mainframe illegally - yea they may try it on LMS which is windows based but never on the mainframe as an audit check is performed every 8 people accessing the systems from across the sountry so in essence you stand a high risk of being caught.

If you suspect this then write in to your DWP office and mark for the attention of the DSSp (District Security Specialist) who will then investigate for you and audit trail who has accessed your NINO and why! I very much doubt this to be true though......

YorkshireBoy

never-in-doubt wrote: »

Right mate, all you gotta do is return the letter saying unknown at this address.

She's on a fraud prevention register, and Experian/Equifax, (and presumably also on the electoral roll) at her current address...the one she applied for the current account from.

What you're suggesting is deception to gain a pecuniary advantage, ie fraud, isn't it?

never-in-doubt

YorkshireBoy wrote: »

Perfectly legal (thank goodness).

Google:
GAIN (gone away information network)
Hunter (fraud prevention agency)

See also: http://www.experian.co.uk/www/pages/what_we_offer/collections-debt-management/collections-debt-management.html

They have nothing to do with DCA searches! Same as a DCA search remains for 3yrs but others are one year....

GAIN is only as good as the people that use it, most don't as it is primarily used by the DCA's - not the OC as the OC would sooner sell the debt on.

When you say it is perfectly legal, you mean because Experian sell it, that makes it right? Trust me, there are still underlying laws that have to be abided by and first and foremost is the DPA followed by the CCA - both which prevent anyone sharing data without the knowledge of the data subject. So I reiterate, it all depends on whether there was a lawfully binding (executed) NOA.

YorkshireBoy wrote: »

She's on a fraud prevention register, and Experian/Equifax, (and presumably also on the electoral roll) at her current address...the one she applied for the current account from.

What you're suggesting is deception to gain a pecuniary advantage, ie fraud, isn't it?

Not necessarily she isn't..... N Hunter doesn't work like that (I have posted enough about N Hunter to last a lifetime) and regards to Experian DA - they are linked into lenders systems it is not a separate entity!

I am suggesting deception, too right! 3yrs down the line, why raise it now? Just write back and say not known at this address - jees, get over it!

Half the UK deceive, just cos you think it's wrong doesn't mean everyone has to!

I'd be looking to get my Credit File and check but if anything is showing on GAIN then post back and i'll tell you how to get it off, its so complex hardly any creditors check the act before adding to it and thus when it is wrong, it comes off! They are amateurs!

Have a read here for all you need to learn about these - Innocent and me have SAR'd everyone and can show you exactly what each does and what info each holds and also how each one works!

You forget to mention: Synectics Solutions (FPA) - they are the one that links with catalogues and parcel deliveries.....

http://forums.moneysavingexpert.com/showthread.html?t=1576035

YorkshireBoy

never-in-doubt wrote: »

They have nothing to do with DCA searches!

I freely admit that (fortunately) I'm not familiar with DCA processes and procedures, so I'll bow to others' greater knowledge.

When you say it is perfectly legal, you mean because Experian sell it, that makes it right?

I don't think the DCA has speculatively rung or requested specifically the information that has been provided to them. More likely the recent current account application has triggered events because a flag has been placed on the name/DOB/previous address(es) of the OP's partner. Once she had 're-surfaced' and applied for the current account, anyone with a vested legal interest in this person (who had 'gone away' [hence why I mentioned GAIN]), ie was an Experian subscriber, would have been alerted.

I am suggesting deception, too right!

That saddens me! Hopefully the OP's partner will think long and hard before acting on that particular advice.

never-in-doubt

YorkshireBoy wrote: »

I freely admit that (fortunately) I'm not familiar with DCA processes and procedures, so I'll bow to others' greater knowledge.I don't think the DCA has speculatively rung or requested specifically the information that has been provided to them. More likely the recent current account application has triggered events because a flag has been placed on the name/DOB/previous address(es) of the OP's partner. Once she had 're-surfaced' and applied for the current account, anyone with a vested legal interest in this person (who had 'gone away' [hence why I mentioned GAIN]), ie was an Experian subscriber, would have been alerted.That saddens me! Hopefully the OP's partner will think long and hard before acting on that particular advice.

Come on mate - I'm not disagreeing with you, just have slightly different views! I'm not saying yea lets all go and cheat the banks, not by a long shot but when it is 3yrs down the line its best to be forgotten otherwise if the OP admits or accepts liability for any debt then the 6yrs starts from that date so its kinda known as looking out for number one - deception is just the legal word for it......

Regards to the way these scum companies (CRA's and FPA's) it's no secret that they bend the laws but when we do it, it's wrong? How is that right? They are dodgy and the OP even suggested that they have been acting illegally so surely it wouldn;t be unethical for the OP to do the same and say pish-off to the DCA...?

I'm just being honest at the end of the day mate

By the way, you're spot on as to why she got caught. You have to hide for at least 4 years to get away with that - in the old days it was known as the cover period and at 4yrs you then go on electoral register and in year 5 apply for a bank account and by year 6 you should be fine to get credit, sad as it is - with the same lender who you just Statute Barred from! Ironic but true!

Obviosuly in years 1-4 you hide! LOL..... I am assuming, like you correctly point out, this is why the OP was caught..... there will be a link to the previous address as well.

It may be better not to do a runner then, especially not if she appears on E/R and has herself applied for credit!

Chris-x1

Thanks for the advice and information. Makes everything a little clearer now as to how her current address was flagged up on the system. She had made a repayment plan with Lloyds TSB which they described as "unacceptable" at the time and since then she has been in and out of the country before settling back here. She has made no attempt to contact Lloyds TSB since August 2007 and as far as I am aware she's not interested in mediating with them to consider repayments given their earlier refusal.

Presumably Lloyds themselves are bored already given that they have now sold the debt to Wescot, unless this is a spurious credit arm of Lloyds themselves. Like I said I'm not endorsing her decisions and she can choose the path she wants. Credit Searchers must know people will just send the letters back "not at this address" and surely will come knocking to investigate and that's something she will probably find intolerable.

never-in-doubt

Chris-x1 wrote: »

Thanks for the advice and information. Makes everything a little clearer now as to how her current address was flagged up on the system. She had made a repayment plan with Lloyds TSB which they described as "unacceptable" at the time and since then she has been in and out of the country before settling back here. She has made no attempt to contact Lloyds TSB since August 2007 and as far as I am aware she's not interested in mediating with them to consider repayments given their earlier refusal.

Presumably Lloyds themselves are bored already given that they have now sold the debt to Wescot, unless this is a spurious credit arm of Lloyds themselves. Like I said I'm not endorsing her decisions and she can choose the path she wants. Credit Searchers must know people will just send the letters back "not at this address" and surely will come knocking to investigate and that's something she will probably find intolerable.

Hiya

Ok, so has she applied for anything in her own name? Has she linked to the previous address? Have you linked her to the previous address? Does she appear on the electoral register?

Bottom line is the DCA cannot come knocking, well then can if they give you notice and you accept it otherwise you deny them notice and they cannot then come.

DCA's are governed by that many acts they always screw-up so don't be surprised if you never hear from them again! If they hassle you post back and i'll give you letter to send to stop harassment...... :rotfl: