Data Protection Act- my rights?

vax2002

You do not have to have lost money to sue someone, there is such a thing as flagrancy, the deliberate causing of nuisance when requested to desist and a court can make an award for compensation where a company has acted with flagrancy to the detriment of the innocent, to prove flagrancy you would have to prove that they have acted outside what is reasonable notice that this person is not you, despite proof they have continued to blacken your name in complete ignorance of fact.
As such in continuation of the course of action, in contrary to information received, they acted with flagrancy in dispelling the request to cease associating this person, with the actual person responsible and as such this has caused the apperceptions of the claimant to suffer harm such as lost sleep, worry and mental stress.
So there is a case for damages, not losses, damages.

Equaliser123

It is really, really simple. A "Part 8" Application to the Court requesting a Court Order requiring Experian to take the necessary action under the DPA 1998 (i.e. to hold correct personal data).

No need for criminal proceedings, injunctions or the like.

Oh, and the Court would have the power to award compensation in any event.

Experian_company_representative

Sorry to hear of your problems. I do understand your frustration, but it's certainly not misuse of data. Lenders and collectors are allowed to use CRA data to try to locate missing customers. All three CRAs provide tracing services for this - ours is called Autotrace - and what these do is provide POSSIBLE customer matches. The onus is then on the lender or collector to take steps, in accordance with OFT's debt collection guidelines, to verify whether any do relate to their customer, certainly before commencing recovery action. If you have the same or very similar name and DOB as someone who is being traced then your address is likely to come up as a possibly match. However, in troublesome cases like yours we can usually take steps to help you. If you get in touch with my colleagues using the email address on my MSE biog we'll see if we can put a stop to this for you.

James Jones

Equaliser123

Experian_company_representative wrote: »

Sorry to hear of your problems. I do understand your frustration, but it's certainly not misuse of data. Lenders and collectors are allowed to use CRA data to try to locate missing customers. All three CRAs provide tracing services for this - ours is called Autotrace - and what these do is provide POSSIBLE customer matches. The onus is then on the lender or collector to take steps, in accordance with OFT's debt collection guidelines, to verify whether any do relate to their customer, certainly before commencing recovery action. If you have the same or very similar name and DOB as someone who is being traced then your address is likely to come up as a possibly match. However, in troublesome cases like yours we can usually take steps to help you. If you get in touch with my colleagues using the email address on my MSE biog we'll see if we can put a stop to this for you.

James Jones

Rubbish. OP has said that defaults, CCJs, etc have been appearing on their credit report - which you hold.

It IS, therefore, a failure to hold accurate data.

Flyboy152

Experian_company_representative wrote: »

Sorry to hear of your problems. I do understand your frustration, but it's certainly not misuse of data. Lenders and collectors are allowed to use CRA data to try to locate missing customers. All three CRAs provide tracing services for this - ours is called Autotrace - and what these do is provide POSSIBLE customer matches. The onus is then on the lender or collector to take steps, in accordance with OFT's debt collection guidelines, to verify whether any do relate to their customer, certainly before commencing recovery action. If you have the same or very similar name and DOB as someone who is being traced then your address is likely to come up as a possibly match. However, in troublesome cases like yours we can usually take steps to help you. If you get in touch with my colleagues using the email address on my MSE biog we'll see if we can put a stop to this for you.

James Jones

It most certainly is if the data is inaccurate, irrelevant or inappropriate for its intended use.

joannaspanner

Experian_company_representative wrote: »

Sorry to hear of your problems. I do understand your frustration, but it's certainly not misuse of data. Lenders and collectors are allowed to use CRA data to try to locate missing customers. All three CRAs provide tracing services for this - ours is called Autotrace - and what these do is provide POSSIBLE customer matches. The onus is then on the lender or collector to take steps, in accordance with OFT's debt collection guidelines, to verify whether any do relate to their customer, certainly before commencing recovery action. If you have the same or very similar name and DOB as someone who is being traced then your address is likely to come up as a possibly match. However, in troublesome cases like yours we can usually take steps to help you. If you get in touch with my colleagues using the email address on my MSE biog we'll see if we can put a stop to this for you.

James Jones

James

I am in touch with Tristan McSweeney and also Steve Leahy and I suggest you speak to them regarding my case and find out my actual story rather than just sending a generic message on this forum...

They are dealing with this for me, but I do not agree this is not misuse of data, it is misuse of my data as threatening letters are coming to MY ADDRESS and have been doing for 5 years. It is misuse of my data as my credit report has been dragged through the mud. The fact I have a similar FIRST NAME ( not the same, SIMILAR) and the same date of birth ( we did share the same surname but I haven't been known by the surname in question for 3 years since marriage) really isn't my problem and doesn't mean I should simply put up with it, and I won't, not anymore. I have spent hundreds of hours having to write letters/call these debt collection companies to try and clear my name when I am completely innocent, I have had CCJ's and up to 30 defaults on my credit report despite me telling these people I'm not the debtor ( my middle name begins with an R, yet her middle initial of H was also showing on my credit report)

You may think me very melodramatic but this has totally consumed my life for the past 5 years, I know its not me in debt, but when your credit file is getting destroyed and letters are coming to your home threatening bailiffs and nothing you are saying is making any difference then you will have to forgive me, but after 5 YEARS it does tend to get you down a bit.

I have an A4 file bulging with all the correspondence I've had to deal with if you're interested? No? Thought not.

fluffnutter

Experian_company_representative wrote: »

Sorry to hear of your problems. I do understand your frustration, but it's certainly not misuse of data. Lenders and collectors are allowed to use CRA data to try to locate missing customers. All three CRAs provide tracing services for this - ours is called Autotrace - and what these do is provide POSSIBLE customer matches. The onus is then on the lender or collector to take steps, in accordance with OFT's debt collection guidelines, to verify whether any do relate to their customer, certainly before commencing recovery action. If you have the same or very similar name and DOB as someone who is being traced then your address is likely to come up as a possibly match. However, in troublesome cases like yours we can usually take steps to help you. If you get in touch with my colleagues using the email address on my MSE biog we'll see if we can put a stop to this for you.

James Jones

This is about the lamest company response I've ever read. What incenses me just as much as the sloping shoulders ("It's not our fault!") are the half-hearted attempts to help... "We can usually take steps to help you"... "We'll see if we can put a stop to this".

Can the language be any more wishy-washy?? What joannaspanner needs is an assurance that after FIVE YEARS this will get sorted, not some vague "Yeah, we might have a look. If we can be arsed".

Credit reference agencies are the scourge of modern life. It's about time the government starting reigning them in.

joannaspanner

Thanks fluffnutter, you said it a lot better than I did.

As you said a '' we can usually take steps to help'' simply won't wash with me, not anymore.

Also how is it not a misuse of data when my credit report has been ruined with data that a) ruins my credit report and b) doesn't belong to me, how on earth is that not misuse of data??

fluffnutter

joannaspanner wrote: »

Thanks fluffnutter, you said it a lot better than I did.

As you said a '' we can usually take steps to help'' simply won't wash with me, not anymore.

Also how is it not a misuse of data when my credit report has been ruined with data that a) ruins my credit report and b) doesn't belong to me, how on earth is that not misuse of data??

It is. They're just not prepared to admit it. That's what happens when you're poorly regulated and unchallenged and get too big for your boots.

joannaspanner

Sorry fluffnutter that question wasn't directed to you.

The 2 chaps I've been speaking to at Experian Tristan and Steve have been great, and when I get the letters from the debt companies, I forward them onto them and they speak to the companies and get it sorted, they have been great and this certainly isn't a witch hunt against Experian, but after 5 years, enough is enough and I don't want to have to be speaking to Experian for several more years with all due respect, James' response though has infuriated me as you said with it being such a lame wishy washy response ....