Can credit cards/banks keep thier own records of debts of a bankrupcy?

desperatemumof6

HI
I WENT BR 6YRS AGO NEXT MONTH AND MY CREDIT FILE IS CLEAR ONCE MY BR IS REMOVED IN A COUPLE OF WEEKS. I AM WANTING TO KNOW IF I APPLY FOR A CARD OR BANK ACCOUNT WITH A COMPANY THAT I HAD TROUBLE WITH BEFORE IF THEY WOULD REFUSE ME ON THE GROUNDS I DEFAULTED BEFORE MY BR. ARE THEY ALLOWED TO KEEP RECORDS OF THIER OWN OR IS IT STILL THE 6/7 YEARS FINANCIAL RECORD RULES THEY HAVE TO ADEAR TO? DOES ANYONE KNOW? I DONT WANT TO FUTHER DAMAGE MY CREDIT FILE BY GETTING REJECTIONS FROM THESE COMPANIES SO NOT SURE IF I SHOULD STAY CLEAR!
THANKS :eek:

chanz4

They shouldnt after 6 years, but can you prove it?

bengalknights

they cant enforce any debts on you but they can keep whatever data they want on you relating to your defaults and use this on internal scoring.

nottoolate

some definitely do

Xbigman

You better hope they keep records. In 2002 I wanted a mortgage and was asked to provide records from my 1990 BR. Luckily the records still existed.





X

thenudeone

Under the Data Protection Act 1998, personal data should only be kept for as long as is necessary for the purposes for which the data was obtained (principle 5)

http://www.ico.gov.uk/for_organisations/data_protection/the_guide/the_principles.aspx

Although the Act does not give a specific time limit, it's clear that data can't be kept forever (unless you still owe them money in which case they are entitled to keep the data).

If they keep data for longer than the 6 year after you have cleared your debt or been declared bankrupt (i.e. the state declares your debt is wiped), you would have good grounds for making a complaint to the ICO.

chanz4

also can you prove they kept it? Also things can and do get microfished

seeya23

bos do i had a ACCOUNT with them in 1999 last year apply for account with halifax a few days later had a letter from dca asking for money

thenudeone

chanz4 wrote: »

also can you prove they kept it? Also things can and do get microfished

You can make a subject access request under the Data Protection Act and they have to comply within a certain time.

YorkshireBoy

thenudeone wrote: »

If they keep data for longer than the 6 year after you have cleared your debt or been declared bankrupt (i.e. the state declares your debt is wiped), you would have good grounds for making a complaint to the ICO.

The bank may argue that they were taking reasonable steps to protect themselves, having been taken to the cleaners once already by this individual?

the DPA 1988 is the law

The DPA wasn't around in 1988. It was revamped in 1998, 6 years after it's enactment in 1992, if that's what you meant?

thenudeone

YorkshireBoy wrote: »

The bank may argue that they were taking reasonable steps to protect themselves

That would be a reasonable argument but not guaranteed to be accepted by a court.

YorkshireBoy wrote: »

having been taken to the cleaners once already by this individual?

Are you suggesting that anyone who is made bankrupt is actually just taking their creditors to the cleaners?

YorkshireBoy wrote: »

The DPA wasn't around in 1988. It was revamped in 1998, 6 years after it's enactment in 1992, if that's what you meant?

Sorry for the typo.