CRA and Housing Associations

CKhalvashi

Surely if there's nothing in the tenancy agreement regarding info being shared with third parties, then this isn't possible to report.

One of my bank accounts doesn't show due to being opened before banks routinely reported to CRAs, and at no point have the bank decided to either start reporting, or as far as I'm aware do they reserve the right to.

Just a thought.

sarah_in_glasgow

I've just checked my tenancy agreement and there's nothing saying they would pass this info on, I've also spoke with the legal guy thru my union, and he says a housing association cannot pass info on without permission. I've also read Experians page re this, and this info WILL go on people's credit file, for all interested parties to see. Soliciter has advised me to write a letter to the housing saying thanks but no thanks, which I will do over the weekend.

sarah_in_glasgow

Just an update re Credit ref agency and my housing association. I saw the housing manager today and told him I don't want my details sent to Experian. He said he would take my data out of the system, and Ive asked for written confirmation when this has been carried out. Hopefully this will be the end of it, though they have done a 'trial run' with our details, I'm not optimistic. I have now compiled a letter outlining the details of our meeting today, and posting it tomorrow morning, as instructed by my Unions solicitor. Anyone else in this situation , at first mention of this, should get along to tenants meetings and voice their opinion, whether for or against.

MisterBaxter

Just make sure that you get your £2 credit report from Experian every now and then just to make sure they are not recording the information.

GingerBob_3

sarah_in_glasgow wrote: »

Just an update re Credit ref agency and my housing association. I saw the housing manager today and told him I don't want my details sent to Experian. He said he would take my data out of the system, and Ive asked for written confirmation when this has been carried out. Hopefully this will be the end of it, though they have done a 'trial run' with our details, I'm not optimistic. I have now compiled a letter outlining the details of our meeting today, and posting it tomorrow morning, as instructed by my Unions solicitor. Anyone else in this situation , at first mention of this, should get along to tenants meetings and voice their opinion, whether for or against.

Well done! Make sure you publicise your success as widely as possible, but as MisterBaxter says, check the CRA files to see that you have actually been removed from them.

fermi

This is what the ICO position was recently

Rental Exchange

This scheme involves local councils or Housing Associations providing information to CRAs. It is a project that is designed to help individuals improve credit ratings by having their rental payments included in the credit file.

We have stated that just because Experian has informed us of the development of the project does not mean we endorse it in any way.

Councils or Housing Associations need to make their own decision about entering into the project. It will be their responsibility to ensure that any project is correctly implemented fully addressing all the possible issues.

We contributed the below to an Experian leaflet that sets out our position.

“The ICO was approached about Rental Exchange in October 2010 and has had the opportunity to comment on data protection and privacy issues throughout the development of the project.

It is anticipated that many of the housing associations considering using Rental Exchange will have similar queries relating to the Data Protection Act 1998 (DPA).

For this reason, the ICC has addressed some of the common issues here. This is not an ICO endorsement of the Rental Exchange Project, it is a reflection of the advice that the ICO has provided to Rental Exchange and Experian since October 2010.

Much of the discussion has focussed on the justification for sharing tenant’s rental payment information. Above all else, data sharing must be fair, as well as satisfying the relevant conditions for processing. One such condition is consent, but gaining consent from data subjects is one of several other equality valid conditions for processing available under the DPA. The ICO is aware that the legitimate interest condition is being used in the context of Rental Exchange and the justification for this is explained by Experian above.

Despite the use of the legitimate interest condition, the ICO is pleased to note that if a data subject does not want their data to be shared through Rental Exchange (having weighed up the benefits), their objection will be respected. This enhances the data subject's control over the use of their data and the general fairness of the project.

The ICO is satisfied that discussions over the project reflect Big Issue Invest and Experian’s understanding that a critical part of fulfilling the requirements of the legitimate interests condition is to be absolutely transparent with tenants about how their data will be used. The Fair Processing Notice has been developed by Experian and Big Issue Invest and the ICO’s comments have been taken into account and incorporated into the final draft. Any housing association that previously informed existing tenants that their data will not be shared with CRAs or similar third parties should consider this when moving to Rental Exchange. This point was raised during discussions but it was considered unlikely to be relevant in most cases. Nonetheless, it should be considered by housing associations that are considering
processing existing tenant’s data in new ways.

In addition to discussions about Rental Exchange, Experian has provided the ICC with updates on the project at regular liaison meetings. The ICC looks forward to continuing discussions as the project develops.”

GingerBob_3

That is interesting. The ICO appears to be taking a different stance on this issue than on others such as water companies reporting you to the CRAs.


For water companies, the information I have so far is that you can't stop them reporting you, and it's even permissible - according to the ICO's guidelines - for them to carry out a credit check without your permission. Consent doesn't appear to come into it.


On the rental issue, clearly tenants would be well-advised to deny permission. A rough estimate on my part would be that 10,000 green markers on a credit file = 1 red marker. In other words, on-time payments count for nothing. Credit file snoopers are only interested in late payment markers; one of which is troublesome and two a disaster. Tenants should minimise the chances of error by withdrawing permission.

sarah_in_glasgow

My big worry is now my details along with others details are now in Experians data base, albeit on a supposedly trial run, how difficult will this be to have it erased ? I've also written to the housing regulator regarding this. I've read the data protection act, which if I'm understanding it correctly states data cannot be passed on to anyone for marketing purposes, but when I read Experians comments re Rental Exchange,they have clearly stated in the letter ai received, and I quote, assess your financial standing to provider you with suitable products and services( marketing?) also they state manage any accounts that you may already hold, foe example reviewing suitable products or adjusting your current product in light of your current circumstances. I will await feedback from the housing regulator and also from yourselves on here. Thanks for all your input. It's helped me quite a bit, as I felt ai was on my own with this.