can business run a credit check without premission

sargeantsalt

sofronia wrote: »

they can access to anyone's data without consent just because they have the facility/system to do so???
so i can only report to ICO?

thats my doubt as well, i have no idea why they have all the infomation, because they should only have my name and address (from DVLA).

The credit agencies opinion is that they can always share your data to whoever pays for it without your consent. Most people on this forum believe that because they are told so by the CRAs.

However, it is not true. Data sharing must first be fair and lawful and can only be fair if it is necessary and meets a fair condition for processing. Whilst there are some situations where data can be shared without consent, in this case, no such condition has been met.

Problem 1. The DVLA unlawfully disclosed your details to the debt collectors.
Problem 2. The debt collectors unlawfully disclosed your details to the credit reference agency to carry out a search.
Problem 3. The credit agency unlawfully disclosed details from your credit file to the debt collector.
Problem 4. Your bank shared your details with credit reference agencies and in doing so they have made it available to debt collectors for a non-legitimate purpose that they did not forewarn you of. Your bank may not disclose your data for the interests of other organisations without your consent.
Problem 5. The ICO may most likely turn a blind eye because this sort of thing is so widespread it would make business impractical if these organisations had to respect your so called "rights".

Nobody has the right to investigate you like this apart from the police who have special rights in this regard.

The car finance company have taken the law into their own hands and violated and harrassed you.

If you have the time and inclination, you are free to complain to the ICO about the above problems.

boo_star

sargeantsalt wrote: »

The credit agencies opinion is that they can always share your data to whoever pays for it without your consent. Most people on this forum believe that because they are told so by the CRAs.

However, it is not true. Data sharing must first be fair and lawful and can only be fair if it is necessary and meets a fair condition for processing. Whilst there are some situations where data can be shared without consent, in this case, no such condition has been met.

Problem 1. The DVLA unlawfully disclosed your details to the debt collectors.
Problem 2. The debt collectors unlawfully disclosed your details to the credit reference agency to carry out a search.
Problem 3. The credit agency unlawfully disclosed details from your credit file to the debt collector.
Problem 4. Your bank shared your details with credit reference agencies and in doing so they have made it available to debt collectors for a non-legitimate purpose that they did not forewarn you of. Your bank may not disclose your data for the interests of other organisations without your consent.
Problem 5. The ICO may most likely turn a blind eye because this sort of thing is so widespread it would make business impractical if these organisations had to respect your so called "rights".

Nobody has the right to investigate you like this apart from the police who have special rights in this regard.

The car finance company have taken the law into their own hands and violated and harrassed you.

If you have the time and inclination, you are free to complain to the ICO about the above problems.

That's all well and good but I suspect the OP is trying to get an "angle" to get the finance company to back down and return the car. This avenue isn't going to result in that IMO so it seems like a pointless exercise.

Better to take the matter to court as it appears the OP does have good title for the car.

sargeantsalt

I'm not sure on how these car finance deals work but if the finance co had security on the car and there was a rule that the first owner could not sell the car unless the finance was paid then maybe the first owner had no right to sell the car.
If there was no right to sell the car, then the OP cannot have bought the car for good title. The crook tool money for nothing and the OP is victim. The OP may not have a right to get the car back if it has been repossesed. The OP can only sue the person they bought it from (fat chance)


Is there an easy to follow reference guide online on things to check so you don't fall victim to this kind of scam?

Dr_Crypto

I thought there was an exception to the rule for cars on finance that when a private individual purchases a car with outstanding finance as long as he acted in good faith he acquires good title? Hire Purchase Act 1964.

sofronia

@boo_star
i intend to pass the car issue to solicitor, not finding an angel here to help me get the car back.
i just wonder is it lawful for them to run a check on me without legitimate reason, and where to report to as this business is dishonest. and i feel my privacy is being invaded.

@sargeantsalt
i m the first private buyer/owner of the car, as the seller is not a buyer he is a hirer.
they cant just come to my land to take away the car without a court order, this is tort of conversion. i can only reposses the car when i bring the to court for justification.
there is no way to prevent innocent people in falling into this kind of scam, as people will usually blame you for not running a HPI check in which it is not a legal obligation for private sale, and the gov has done not much education on HPI, as i mentioned earlier HPI should be added in the driving theory test and set out laws regulating whoever sell vehicle have to attach a HPI report; or simply by issuing a ownership form together with v5 to completely stop this kind of fraud again.
cant understand why the gov set out an act to protect innocent purchaser (which only protect u after u have fallen into scam), instead of doing something to stop the scam to happen.
and the victims have to pay extra from their own pocket to bring this to court, so many victims will choose to leave it, and thats why there are so many scam of same kind happen out there everyday.

@Dr Crypto
yes, it is Hire Purchase Act sec27.
provided that he/she doesnt know there is a finance in place and is the first private buyer, have good title, he/she will then has the ownership of the vehicle.

boo_star

sofronia wrote: »

@boo_star
i intend to pass the car issue to solicitor, not finding an angel here to help me get the car back.
i just wonder is it lawful for them to run a check on me without legitimate reason, and where to report to as this business is dishonest. and i feel my privacy is being invaded.

This is all irrelevant and you need to focus on the main point, getting your car back.

Focus on that instead of going after a regulatory issue that will, at best, enrich the Government and not you.

sargeantsalt

sofronia wrote: »

i just wonder is it lawful for them to run a check on me without legitimate reason, and where to report to as this business is dishonest. and i feel my privacy is being invaded.

No it is not. The problem is most people do not mind and do not complain. You are not the only person this has happened to. They only do it because they are allowed to get away scot free. If everyone stood up for themselves it would reduce this bad practice, not only for you but for many others too.

If the DVLA got too many complaints about this company for requesting information without valid grounds, the DVLA might stop allowing this company to access V5s. Then they would not have details to run a credit check with.

As you have lost your car because data breach, you have a claim against those who should be keeping your data safe.

It is free to make a complaint to the ICO, just email their form. The problem is they don't seem to take much action so long as your data was paid for. They only seem to get tough where data is released without being paid for i.e. BA.

If your credit file was hacked and led to your car being stolen by a thief, there would be hell to pay. If your data was sold unlawfully to a company who have unlawfully seized your car then probably nothing will happen as the ICO will not want to obstruct day to day business.

Paul_DNAP

I am sure that they see that they did have a valid reason for credit checking you. You had just registered as the new keeper of what is, to an fair extent, their car. When you buy a car with outstanding finance the financier will be expecting that you will be taking over the finance payments as well as the car, and so they checked you for that purpose. Then, when you didn't contact them about the payments, they came and got their car back.


That's me looking at it from their angle of course.


Now, of course you do have Section 27 of The Hire Purchase Act on your side, and I feel that you really ought to be putting all your efforts into exploring that, rather than trying to catch them out on potentially non-existent breach in good working practice.

[Deleted User]

sofronia wrote: »

is it an offence for business to run a credit check without my consent, and without a legitimate reason?

Who is the finance company and who came and took the car away?

Kentish_Dave

OP, did you not go to the seller’s house to buy the car?

Unfortunately you’ve gone against all of the good advice available to avoid precisely this sort of issue which may we’ll leave you stuffed, as the seller has no right to sell the car to you; it was not theirs.