Retract permission to report to credit reference agency?

mike1066

Ahh, thanks, I have had a good look through and I think I have found the point I was lookinf for, under the data protection act 1998 Schedule 2 Conditions relevant for purposes of the first principle: processing of any personal data, point 1 states: The data subject has given his consent to the processing. If that is a requirement then if I withdraw that consent then they can no longer process any of my personal data.
http://www.opsi.gov.uk/acts/acts1998/ukpga_19980029_en_10 refers.
let me know what you think

MobileSaver

mike1066 wrote: »

The data subject has given his consent to the processing. If that is a requirement then if I withdraw that consent then they can no longer process any of my personal data.

I would suspect that as giving consent was part of your original agreement with them the only way you can withdraw consent is by terminating the agreement (i.e. clearing the overdraft and closing the account.) You cannot just unilaterally change one of the terms of the contract.

natweststaffmember

MobileSaver wrote: »

I would suspect that as giving consent was part of your original agreement with them the only way you can withdraw consent is by terminating the agreement (i.e. clearing the overdraft and closing the account.) You cannot just unilaterally change one of the terms of the contract.

I think under the Data Protection Act 1998 there is a case that you can withdraw permission for the lender to effectively tell a third party about you without your consent since as you have said, initially you have given that consent so therefore you can withdraw it. You aren't withdrawing from the agreement or from the bank sharing it within their own organisation but the CRA's are not part of a bank and therefore are a third party.

MobileSaver

natweststaffmember wrote: »

I think under the Data Protection Act 1998 there is a case that you can withdraw permission for the lender to effectively tell a third party about you without your consent since as you have said, initially you have given that consent so therefore you can withdraw it. You aren't withdrawing from the agreement or from the bank sharing it within their own organisation but the CRA's are not part of a bank and therefore are a third party.

No, that cannot be correct. When you apply for a loan or overdraft you agree to certain things including for example when and how you will pay back the credit and that the bank can send your information to CRAs.

You can no more unilaterally withdraw your consent regarding the CRA than you can withdraw from repaying the overdraft. By withdrawing your consent you are withdrawing/breaching the agreement with the bank, it was a material condition of the bank giving you credit.

Think it through logically and if what you were saying was possible then MSE would be full of posts and a template letter advising that as soon as you can no longer afford repayments you should withdraw your consent regarding CRAs. The whole credit scoring system in the UK would collapse overnight.

hicskis

I would agree with MobileSaver - however it would be a nice thing to be able to do...:rotfl:

toffe

i agree it's unlikely you could just withdraw consent in normal circumstances.

However, if consent is a requirement, what if you were to request a copy of the original CCA and the lender could not produce one?

Without your signed agreement they could surely not prove that you gave consent.

nottoolate

interesting from the information commisioner

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_%20agreements%20-%20data_%20sharing.pdf

The complainants’ argument is based on the assumption that the credit reference agencies need consent to process account information.

This is not the case.

MobileSaver

toffe wrote: »

However, if consent is a requirement, what if you were to request a copy of the original CCA and the lender could not produce one?

Without your signed agreement they could surely not prove that you gave consent.

You give consent when you apply for a loan/overdraft so the lender will have your signed agreement from your original application form.

Alliance & Leicester Legal Terms:

Q: How will I know if my information is to be sent to a CRA or Fraud prevention agency?

A: Organisations are only allowed to send information to CRAs and/or Fraud Prevention Agencies with your agreement and knowledge.

You will be told when you apply for an account if your data will be supplied. We will also tell you if we plan to send information on you or your business, if you have one, to CRAs.

natweststaffmember

nottoolate wrote: »

interesting from the information commisioner

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/credit_%20agreements%20-%20data_%20sharing.pdf

The document kinda backs up what I have said a number of times on the timescale on keeping data ie that it relates back to the Crowther Report back in 1971.
Hmmm, interesting though and will be interesting what the OP does on this one since the ICO do appear to state that you cannot withdraw consent for them to process information on the basis of DPA section 5.

natweststaffmember

MobileSaver wrote: »

You give consent when you apply for a loan/overdraft so the lender will have your signed agreement from your original application form.

Alliance & Leicester Legal Terms:

What if they cannot produce a signed agreement? Does that then allow for it to happen?(asking cos sometimes lenders do not have the agreements).