Statutory credit report, conflicting facts, CCA1974 or DPA1998?

amosworks

Hi folks,

I'm applying to the big 3 for my paper credit report as is my right under the Consumer Credit Act 1974, with the statutory £2 fee.

However, after downloading the templates Martin has provided, it says the request is made under s. 7 of the Data Protection Act 1998.

I did search the forum and am finding conflicting facts as to where my right to this information is stipulated. Can somebody please settle this for me as I'm unsure as to which is correct.

Kindest thanks,
Amosworks

CLAPTON

what is the problem
have any of the CRA refused your request?

amosworks

No, I am writing my own letters (I don't do standardised templates nghaa). However, the wording of Martins template says the request is made under s.7 of the DPA whereas it seems lots of people claim that my right to the information is in fact stipulated under the CCA.

Surely the CCA is right and Martins templates are wrong? Otherwise would it not then be a data subject request with a statutory fee of £10 and not the £2?

I need to make sure that my legalese is correct, plus ask the audience seems split 50/50 :rolleyes: I'm confused because of conflicting beliefs.

CLAPTON

if you want to get the information held on you, and specifically your transactions records then you need to use the data protection act costing £10.

amosworks

That's my point, I'm not making a data subject request for that information, I am requesting my credit file which is slightly different and does not require the £10 statutory fee, but a £2 statutory fee which makes me believe that, as many people have said, that it's not a DPA request, but a CCA request.

My question then is why Martin's templates are talking about the DPA and not the CCA. It's contradictory and slightly nonsensical.

Molanole

Should the Freedom of Information Act now be thrown into this particular mix as well? I'm certainly no expert on the data protection act but I thought it was more to do with how your data is handled, retained, made use of and eventually destroyed. No help at all I know but I'm pondering this too now!

file_wizzard

Just to clarify the CCA was enacted to govern credit agreements themselves and the associated relationships between the parties involved.

In terms of the information ( personal data) you are entitled to receive from a CRA this is governed by the DPA S.7 and more specifically S. 9

However just to confuse things there is a requirement within the DPA for the data to be supplied in a format which is in compliance with S. 159 of the CCA.

Nonetheless the overriding requirement to supply the data is governed by S.7 DPA

Hope this helps

file_wizzard

Molanole wrote:

Should the Freedom of Information Act now be thrown into this particular mix as well? I'm certainly no expert on the data protection act but I thought it was more to do with how your data is handled, retained, made use of and eventually destroyed. No help at all I know but I'm pondering this too now!

The Freedom of information act at present only covers public body’s, the CRA's are private company’s and as such are not accountable under the freedom of information act

amosworks

file_wizzard wrote:

Just to clarify the CCA was enacted to govern credit agreements themselves and the associated relationships between the parties involved.

In terms of the information ( personal data) you are entitled to receive from a CRA this is governed by the DPA S.7 and more specifically S. 9

However just to confuse things there is a requirement within the DPA for the data to be supplied in a format which is in compliance with S. 159 of the CCA.

Nonetheless the overriding requirement to supply the data is governed by S.7 DPA

Hope this helps

It helped fantastically thanks very much. Actually when you put it like that it's very simple

Donedoingdebt

Am I missing something here? I just wrote a normal letter & enclosed a cheque for £2 to Experian who then sent me a small form to fill in. They sent me my file upon receipt of this completed form no problem.

amosworks

No I'm just requesting my credit files, but I refuse to use Martin's hideously plain and ugly letters (no offence Mr ) I just want to sex them up with my own unique style. Check it to the kerb, aiii