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BW LEGAL performed credit search on my file...

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Hi,

I've learned today that BW LEGAL have performed several searches on my credit report. We have a court date set so I imagine they are assessing the likelihood that I will pay up if I was to lose the case.

Obviously I have never given them permission to do this. Is this legal?!
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Comments

  • The_Deep
    The_Deep Posts: 16,830 Forumite

    Obviously I have never given them permission to do this.


    They do not need your permission.

    Nine times out of ten these tickets are scams so consider complaining to your MP.

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    No thats not why they do a "soft search" of your credit file.
    They do this to check if some one is still living at the address etc
    Its nothing to do with paying up etc. perfectly legal.
  • elgordo9
    elgordo9 Posts: 48 Forumite
    Second Anniversary 10 Posts Name Dropper
    Brown Trout,

    The 'account' with BW LEGAL relates to parking invoices. I have never taken out a product or credit agreement that BW LEGAL now own. So no consent has been given at any time that could be passed onto them.

    Doesn't seem leagl to me, and defintley worth a complaint to the information commissioners office.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This is yet another occasion when Paul_DNAP is wrong.

    Read his signature:
    (Although I could be wrong, I often am.)
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    So if you had moved (and perhaps sold the vehicle) between the initial event and BW Legal issuing court proceedings you'd have been OK with them using the old address they had for you and potentially obtaining a default judgment?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Perhaps Paul you should take a course in waterfowl alignment.
    You never know how far you can go until you go too far.
  • elgordo9
    elgordo9 Posts: 48 Forumite
    Second Anniversary 10 Posts Name Dropper
    Johno100,

    That's a ridiculous question. Not wanting BW LEGAL to issue court proceedings at an old address is hardly a rationale for implied permission to be granted for anyone to be able to view my address and credit history.

    If I had your name and someone told me you had an alleged debt, would it be appropriate for me to perform a check on your credit file?
  • Johno100
    Johno100 Posts: 5,259 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    elgordo9 wrote: »
    Johno100,

    That's a ridiculous question. Not wanting BW LEGAL to issue court proceedings at an old address is hardly a rationale for implied permission to be granted for anyone to be able to view my address and credit history.

    If I had your name and someone told me you had an alleged debt, would it be appropriate for me to perform a check on your credit file?

    Yes, if it confirms my current address and avoids me having a default judgment registered against me and having to go through the whole set aside procedure to try and sort the mess out.

    How else do you think the private parking company or its solicitors can confirm where someone is now living possibly up to six years after the event?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    Stout one, you are asking questions the answers to which are readily available on the internet. The law may not be what you want it to be, but it is what it is.

    The regulars on here are very familiar with the law surrounding these matters, and have helped hundreds, perhaps thousands of people to defeat these scammers in court.
    You never know how far you can go until you go too far.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The_Deep wrote: »
    Stout one.

    Rude - just rude

    :rotfl::rotfl:
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