Retract permission to report to credit reference agency?

mike1066

this is my whole point, I am not convinced I would win, but I would be willing to give it a go, but not on my bill, if I lose all well and good I will pay the court costs but I am not stumping up the cost in the first place.
Your last point is the very basis of the thread however, I am concerned about my credit rating and wish to stop them from reporting, and want to know if I can retract the permission they got in the original agreement.

Premier_2

mike1066 wrote: »

this is my whole point, I am not convinced I would win, but I would be willing to give it a go, but not on my bill, if I lose all well and good I will pay the court costs but I am not stumping up the cost in the first place.
....

You'll have to pay the court cost up front whether it is a claim or counter claim.

If you don't pay the fee up front, expect such claim or counter claim to be struck out by the court.

dunstonh

Your last point is the very basis of the thread however, I am concerned about my credit rating and wish to stop them from reporting, and want to know if I can retract the permission they got in the original agreement.

You can delay them reporting until the court rule on your case as the debt is in dispute. However, if you dont take court action, there is nothing to stop them from recording the debt. You cant say you dispute the money and not follow it up unless they accept the dispute and resolve it.

davidgmmafan

I'm not sure if this is relevent but it might help, I recall seeing something once on CAG about having a right to insist CRA's don't process credit searches electronically the beauty being there is no paper system to fall back on. I've never been able to find it since, something to do with the data protection act, and it wasn't a case of this will give you good credit rather nothing will show up.

If you have a few defaults then nothing will be better than what would show up.

mike1066

I don't intend to counter claim, simply dispute the debt in court if it were to go that far.

surely if the complany are passing information on to a third party (The CRA's) they need my permission to do this??? otherwise what is to stop anyone reporting other people for supposed debts such as you owe me a fiver and then report it, it is the written permission that is the basis is it not? and this is what I wish to retract.

the_insider

Unfortunately the only way to stop them reporting to CRAs would be to clear the overdraft and close the account. Otherwise they have your consent to the terms and conditions of the account. And they have a legal obligation to ensure that your credit file is an accurate representation of your account conduct. In most cases, the repercussions of them not reporting are much more serious than you disputing the information, even if it's in court.

mike1066

but thats my point they have my consent but if I withdraw that consent they would no longer be able to report.

I am confused as to your sugestion that they are under an obligation to report, I agree they are required to report accuratly if they do report but they are under no obligation to report in the first place they choose to do this surely.

natweststaffmember

Mike, I would try https://www.consumerforums.com/forums
They are pretty good on the CRA stuff and I would ask them.

davidgmmafan

I understand where the OP is coming from, but look at it the other way if anyone could withdraw that consent then it would render CRA's meaningless, and mean there'd be one less tool for companies to get people to pay up.

Look into the Data Protection stuff, even if you have a cast iron case CRA's are tremendously reluctant to do anything other than take what the banks say at face value.

natweststaffmember

I would read the Data Protection Act 1998 sections 9 to 12 would be pertinent. It does allow you, under certain circumstances, to refuse permission for CRA's to use information. Section 12 might be more for the Data Controller of the Financial institution rather than the CRA though.

http://www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_3#pt2-l1g8

For reference guys