Broker running credit searches against my wishes...

alan_partridge

We are looking to buy our first house, so I'm sure many of you can sympathise with the stress and confusion that this entails!

We have been dealing with a mortgage broker, and had sent him a lot of personal details with a view to him getting a Decision In Principle for us at some point. However, after receiving bad advice from him on a couple of occasions, we decided to "go direct" and so I sent him a lengthy, polite email asking him to delete any sensitive information he may hold about us and specifically asking him not to run any credit checks or searches (as this could negatively affect my credit score). I then spoke to him on the phone to make sure he had received the email, and he said he had and he wouldn't progress any further.

However, I have just checked my credit report on Experian, and there is the following new search on there (which wasn't there when I checked last week):

Searched on: 15/11/2012
Searched By: NATIONWIDE BUILDING SOCIETY (MTG)
Application Type: First Mortgage

This is dated 15/11/2012, 4 days after I specifically instructed him not to run any such searches! This has caused my credit score to drop, so I am understandably very annoyed.

Is there anything I can/should do? Do I have any legal recourse? I know it sounds petty, but my fiancee and I are trying for a 95% mortgage so we need our reports to be as clean as a whistle, and this definitely isn't going to help.

Any advice appreciated.

Thanks.

kingstreet

This may be a daft question, but have you applied to Nationwide for a decision in principle?

BTW we aren't allowed to "delete any sensitive information he may hold about us." We have to hold it securely on file in case of any future complaint.

alan_partridge

kingstreet wrote: »

This may be a daft question, but have you applied to Nationwide for a decision in principle?

No, we haven't applied anywhere! The whole point was that we wanted to hold off until we could both get our affairs in order and were ready to go ahead in earnest, rather than just running searches willy-nilly. We haven't even approached Nationwide, so I don't see how else they could have got our details, let alone run a search.

kingstreet

It was a daft question.

All you can do is send a strongly worded letter of complaint to the intermediary suggesting they have breached your Data Protection rights by sharing your information with a third party when specifically asked not to.

Tell them you expect to be compensated for your inconvenience. It will probably only get you £50, but it will cost the intermediary a £500 case fee if they don't apologise and you decide to escalate to the Financial Ombudsman Service (FOS).

Copy the Information Commissioner in on it.

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF

kingstreet

Find out the outcome of the Nationwide agreement in principle while you're about it. You might as well know the result.

cr1mson

OK playing devil's advocate here but could the app to Nationwide have already been sent when you asked him not to run any more credit checks/progress it any further? Did you ask him to recall any outstanding applications as well?

alan_partridge

cr1mson wrote: »

OK playing devil's advocate here but could the app to Nationwide have already been sent when you asked him not to run any more credit checks/progress it any further? Did you ask him to recall any outstanding applications as well?

No. When I spoke to him on the phone he clearly said that he had not run any checks, and he wouldn't do so.

kingstreet wrote: »

Find out the outcome of the Nationwide agreement in principle while you're about it. You might as well know the result.

I will; as you say, I might as well. Unfortunately, I can't at the moment, as I'm away - I just happened to have internet access so (foolishly) decided to check my emails, and there was one saying my credit file had changed. Hence the post here!

kingstreet

cr1mson wrote: »

OK playing devil's advocate here but could the app to Nationwide have already been sent when you asked him not to run any more credit checks/progress it any further? Did you ask him to recall any outstanding applications as well?

I'd do a Nationwide DIP via MTE on the day. I can't see how it could be delayed four days unless the intermediary simply ignored the instruction.

AFAIK, the credit file shows the actual search date, rather than a registration date which might have been a few days later.

It will be investigated when the complaint is made anyway.

Conrad

Let the FS know about this broker so they can keep an eye. There is a whistle blowing hotline for this sort of thing on thier website. It's important people do this otherwise other customers will get hurt.

I know why this broker did this. He's bitter and resentful you've managed to achieve something he could not and so he's whether 1) deliberately ruining your score or 2) just intrigued to see if he could have got you accepted.

On scenario 1), some folk might say that's a strong assertion to make, but just consider those undercover nursing home abuses, people are capable of many and strange things.......

droiderm

kingstreet wrote: »

BTW we aren't allowed to "delete any sensitive information he may hold about us." We have to hold it securely on file in case of any future complaint.

Really, isn't that against Data Protection too?
If you were holding my personal information for ever, I would have a complaint to make.

kingstreet

No. How you store information and what you do with it are the big issues.

Our factfind says;-

You have the right of access to information we hold about you on our records (an administration fee may be charged for copies of this information). If there is anything incorrect or inaccurate you have the right to have it amended.

I/We agree that this Fact Find is a true record of my/our discussion with the adviser and that this information is true to the best of my/our knowledge. I/we understand you may disclose my personal details to third parties e.g. credit reference agencies and/or product providers for the purpose of my/our application.

I/we consent to the data being checked and / or disclosed to the regulatory authorities as part of compliance monitoring activities.

Under the FSA rules, we are required to retain information we've gathered for a minimum period, six years IIRC.