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Credit Experian

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I've recently tried to get loans for a new car and found out that it's just not going to happen due to a debt from back when i was 18 (im 26 now) in which i got my dad a car and he never paid for it...
So i decided that I wanted to log onto credit experian and see my debts and start to sort them out. I couldnt log on so called up and through the conversation asked if they shared details with debt collectors to which I was told that if a debt collector is to ask them if they know of the address of a debtee that credit experian will share it with them.... Is this legal?!
my name is the lead name on my family home lease so I cant risk being found by a debt collector so is there any other way i can view a detail credit report without this?
And is it true that the debt is dead after 6-8 years?
PS the debt was 10k at the time and last time i received a call it had gone through 2 debt agencies and was then worth 26k thankyou
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Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Yes it is legal.
    If you provide your current address to experian they will update your credit file with that information. Then anyone who searches your credit file (who must have historically had permission to do so) will see your updated address.

    In the case of debt collectors you will have originally given permission to the lender to view your credit files.

    Experian also sell tracing services to their members (lenders/debt collectors) whereby the creditor will pay to be alerted when particular debtors update their addresses.

    You cannot access your credit file without providing an address. They need that to confirm you are who you say you are.

    A debt is not 'dead' after 6 to 8 years. However if there has been a period of 6years where
    -you paid nothing to the debt
    -you did not acknowledge in writing that you owe the debt
    -the creditor did not commence court action within that 6year period

    then the debt would become statute barred. Which means it will still legally exist but that you are not required to repay it. (The law is different in Scotland).

    If the creditor did not obtain a CCJ and if neither you or your father ever paid anything towards this debt then it would likely be statute barred and likely no longer appear on your credit files.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    Tixy wrote: »
    Yes it is legal.
    If you provide your current address to experian they will update your credit file with that information. Then anyone who searches your credit file (who must have historically had permission to do so) will see your updated address.

    In the case of debt collectors you will have originally given permission to the lender to view your credit files.

    Experian also sell tracing services to their members (lenders/debt collectors) whereby the creditor will pay to be alerted when particular debtors update their addresses.

    You cannot access your credit file without providing an address. They need that to confirm you are who you say you are.

    A debt is not 'dead' after 6 to 8 years. However if there has been a period of 6years where
    -you paid nothing to the debt
    -you did not acknowledge in writing that you owe the debt
    -the creditor did not commence court action within that 6year period

    then the debt would become statute barred. Which means it will still legally exist but that you are not required to repay it. (The law is different in Scotland).

    If the creditor did not obtain a CCJ and if neither you or your father ever paid anything towards this debt then it would likely be statute barred and likely no longer appear on your credit files.

    This seems not to be the case any longer. Water companies are now declaring they are going to carry out credit checks. However, by the nature of the customer relationship, no permission will have been granted.
  • Experian_company_representative
    Experian_company_representative Posts: 2,134 Organisation Representative
    Part of the Furniture Combo Breaker
    Creditors need to notify you before sharing data and they need your consent before accessing your data. Often, when you enter a credit agreement the creditor obtains your permission to check your credit report for 'on-going account-management' purposes, which allows them to make additional checks while you remain a customer.


    James J
    Official Company Representative
    I am an official company representative of Experian. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"

    Posts by James Jones, Neil Stone, Stuart Storey & Joe Standen
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    Creditors need to notify you before sharing data and they need your consent before accessing your data. Often, when you enter a credit agreement the creditor obtains your permission to check your credit report for 'on-going account-management' purposes, which allows them to make additional checks while you remain a customer.


    James J

    How do United Utilities obtain consent? There's no mention of consent here. They are just going to do it, regardless, it would seem. See point 1 b). Can you please explain.
  • Tixy
    Tixy Posts: 31,455 Forumite
    GingerBob wrote: »
    How do United Utilities obtain consent? There's no mention of consent here. They are just going to do it, regardless, it would seem. See point 1 b). Can you please explain.

    It would sound like perhaps unitled utilites are not accessing your existing data, just sharing data from the account you hold with them.
    According to what James has said in #4 they would only need to notify you of that, not obtain consent.

    Have you actually seen a search of your file by united utilities? or just seen a credit account appear in their name?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    Tixy wrote: »
    It would sound like perhaps unitled utilites are not accessing your existing data, just sharing data from the account you hold with them.
    According to what James has said in #4 they would only need to notify you of that, not obtain consent.

    Have you actually seen a search of your file by united utilities? or just seen a credit account appear in their name?

    I'm not a customer of theirs. However, their leaflet says "when you become liable for services (i.e. when they become liable to supply you) we will do all or some of the following ..... Search at credit reference agencies for information on your personal accounts.

    Then:

    What we do when you have an account ... we may make periodic searches of our own records and at credit reference agencies to manage your account with us.

    There's no mention of obtaining permission. So what's going on here?
  • Tixy
    Tixy Posts: 31,455 Forumite
    edited 22 July 2014 at 11:52AM
    GingerBob wrote: »
    I'm not a customer of theirs. However, their leaflet says "when you become liable for services (i.e. when they become liable to supply you) we will do all or some of the following ..... Search at credit reference agencies for information on your personal accounts.

    What they say they may do and what they actually can and do do may be different.

    If someone has had a search appear on their credit files by them, or any company, and has not given their permission to do so then they should definitely make a complaint.
    GingerBob wrote: »
    Then:

    What we do when you have an account ... we may make periodic searches of our own records and at credit reference agencies to manage your account with us.

    There's no mention of obtaining permission. So what's going on here?
    Perhaps they only search CRAs if the occupier has agreed to it in paperwork/by phone at some point. If the occupier is asked and declines then presumably they do not but would just report their own account conduct.

    Edit - according to this article this is indeed how it works with yorkshire water. They share the data of all customers (and inform them that they will do so) but they only access the customers credit file if they have permission to do so, which will be sought when a new account is opened - http://www.credittoday.co.uk/article/14849/online-news/experian-signs-water-company-to-credit-sharing-scheme
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • GingerBob_3
    GingerBob_3 Posts: 3,659 Forumite
    Tixy wrote: »

    Edit - according to this article this is indeed how it works with yorkshire water. They share the data of all customers (and inform them that they will do so) but they only access the customers credit file if they have permission to do so, which will be sought when a new account is opened - http://www.credittoday.co.uk/article/14849/online-news/experian-signs-water-company-to-credit-sharing-scheme

    So given that they are legally obliged to supply you, and there are no T&Cs in connection with water supply, presumably you can refuse permission and there's not a lot they can do about it.
  • Tixy
    Tixy Posts: 31,455 Forumite
    edited 22 July 2014 at 12:10PM
    Yes you could refuse permission for them to search your credit file.

    Although that said I am not sure why people would feel the need to. As you say they are obliged to supply to property regardless of what is on the occupier's credit file.

    I guess it may limit the payment options they will offer to the occupier, but then so could refusing that permission.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Pseels
    Pseels Posts: 3 Newbie
    so im confused as to how id get my credit details without telling them where i lived and giving them a chance to come take everything in the house??
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