complaint about halifax, ICO final repsonse

Thrugelmir

PaulW922 wrote: »

The impression I get is that whilst they do not consider Halifax has fully complied with the DPA principles, the ICO does not consider the recording of a default unreasonable. i think it is technical compliance against the bigger picture.

Hence this reference.

This is different to a default reported under the CCA; this is a legal position where the lender has to have followed certain steps and it is not necessarily the same thing recorded on a credit file.

rizla_king

Marcus676 wrote: »

On balance, the reporting of the default seems to have been made a number of months after there was a breakdown in the relationship between lender and customer. Consequently, the record does not seem to comply with the first or fourth data protection principles, regarding fairness and accuracy, respectively.

That is the main thing to take forward to the FOS. That the date they sued was not fair and accurate.

rizla_king

Marcus676 wrote: »

Thank you, ill get onto them in the morning, I've got nothing to lose which to be fair has been my attitude since I started this

Yes you may as well take it as far as you can with the FOS.

Marcus676_2

rizla_king wrote: »

That is the main thing to take forward to the FOS. That the date they sued was not fair and accurate.

Thanks Rizla King, i shall be using this section.

Marcus676_2

PaulW922 wrote: »

The impression I get is that whilst they do not consider Halifax has fully complied with the DPA principles, the ICO does not consider the recording of a default unreasonable. i think it is technical compliance against the bigger picture.

Thanks for your reply PaulW922, just to be clear the default is fair and im not trying to remove it, just amend the date