Experian Credit Expert!

JuicyJesus

MoneySaverLog wrote: »

No that's not entirely correct, the CRA cannot amend anything without approval from their customers. The ICO may be able to force the issue, but if there is something on your credit file which is incorrect THE CRA WILL NOT AMEND IT WITHOUT GETTING CONFIRMATION FROM THE DATA CONTROLLER. The CRA's role in all this is that of a Data Processor only. They can only act on what the DATA CONTROLLER tells them.

If you go direct to the CRA, all they will do is write to the Data Controller to get confirmation before amending your credit file.

The fact it affects us is irrelevant I'm afraid.

That's interesting, because it contradicts the law. The DPA gives rights regarding false or inaccurate information to the person whom it regards, not the company that controls it or any sort of "customer" of that company.

Long story short - citation needed. I'd appreciate something actually saying what you've just said there, as it makes no sense.

ChiefGrasscutter

All seems pretty logical to me.

The credit reference agencies in effect hold the data on the behalf of the data issuer, a bank for example.
The reference agencies have no way of knowing whether the data is 100% correct and without access to the internal records of the bank/whatever in question I don't see how they could possibly know.

Joe Bloggs may write to the the credit reference agency telling them to put some 'error' right but quite how the credit reference agency is mean't to sort out whether Joe is correct or whether Joe is telling a pack of lies escapes me.
Hence they merely refer all such queries back to the supplier of the data for an investigation.

However I think I am right in that the refererence agencies do provide for an agrieved person to record a statement on their record that they believe such and such record is incorrect/misleading.

MoneySaverLog

Absolutly right ChiefGrasscutter, you hit the nail on the head.

Do not get me wrong both the Data Controller (Creditors etc) and the Data Processor (The CRA) have a legal obligation under the DPA to ensure the data is accurate and where necessary kept up to date (4th Principle of the act) and kept for not longer than is necessary (5th Principle)

As the Data Subject you can write to the CRA and ask them to correct the information, they will however NOT do this on YOUR SAY SO. If you don't believe me try getting a default removed that way. They will not do it. They MUST get approval from the creditor (Data Controller)

As ChiefCrasscutter rightly points out you can put what is known as a "Notice Of Correction" on your credit file. But personally I would not bother.

MoneySaverLog

This was in response to a reply that got deleted, and probably would not make much sense now as it replied to the Questions asked.

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The CRA can be a Data Controller too, for it's own purposes.

However, in the capacity of reporting individuals credit reports it is acting as the processor of the information. The data itself having been sent to them by it's customer the creditor, for them to publish as the creditor (Data Controller) tells them to.

To clarify the Q & A...

What it is saying is you have to go to the person or organisation holding this information which is the CREDITOR not the CRA.

All data originated from the creditor. The CRA does not know anything about the state of your credit agreements without the Data Controller informing them.

If the creditor does not play ball, then you can make a complaint to the ICO about the same.

The following Q is from http://www.ico.gov.uk/Global/faqs/data_protection_for_the_public.aspx

Q: There is inaccurate information on my credit file – what can I do to get it corrected? You will need to write to the lender and tell them of the inaccuracy, including proof where possible. If you do not get a reply or the information is still wrong, you may wish to contact the credit reference agency from where you obtained your file. If you are still not satisfied you can contact our office and ask us to consider whether an organisation has breached the Data Protection Act.

tagq2

FWIW (I only had the post up a couple of minutes and wanted to update it because I felt I wasn't convincing enough the first time round - I didn't expect such a quick response!) my deleted post IIRC mentioned:

(1) CRAs are ICO registered data controllers including a purpose of credit referencing - even if you think the aggregation and redistribution activities don't imply some sort of control (but see below), they produce credit scores and e.g. in the case of Noddle/Callcredit produce adverts for financial products based on your report;

(2) Section 9 of the DPA 1998 suggests that CRAs will be controllers;

(3) The ICO's advice in the general case is to go to the entity holding the information.

Whether a Controller or merely a Processor is discussed in detail in the EU Data Protection Working Party's Opinion 1/10. Look at Example 13 in particular: we appear not to have the first situation which epitomises CRA as mere processor: the CRA is a passive recorder and redistributor jointly owned by financial institutions and acting equally for data subjects and financial institutions, collecting and forwarding subject access requests where necessary and making additions or edits based on evidence. Instead the CRA is an independent entity logging and redistributing information provided by various financial institutions only on their word but providing (by default) to data subjects only the opportunity to add notices of correction. They do this processing undoubtedly for their own benefit: it is less risky to re-sell information provided by financial institutions to other financial institutions.

To clarify, an independent CRA may argue that it is only a Processor (Experian claims this in its marketing material, for example) but it is deliberately and independently processing data in such a way as to maximise the value of that data to independent existing and new clients. If I am a new credit provider looking to find low-risk data on potential clients then it's all been neatly prepared for me by a CRA already.

Experian_company_representative

Benergy wrote: »

I will never go near Experian again after they kept me waiting for an hour on the phone when I tried to cancel my trial. Worst company ever.

Really sorry to hear about your experience Benergy. I'd like to investigate your cancellation experience to try to understand what happened.

Please can you drop us a line through the email address address on my MSE biog?

Thanks
James Jones

oasis1979

Experian_company_representative wrote: »

Really sorry to hear about your experience Benergy. I'd like to investigate your cancellation experience to try to understand what happened.

Please can you drop us a line through the email address address on my MSE biog?

Thanks
James Jones

I have been trying to cancel for over a year, its making my life a complete misery