Can utilities report to CRAs without a credit agreement?

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  • Degenerate
    Degenerate Posts: 2,166 Forumite
    edited 4 July 2018 at 8:45PM
    Explicit permission is NOT needed if it is a condition of service.
    What part of "I became account holder in 1993, they started reporting to CRAs in 2016" didn't you understand?
  • [Deleted User]
    [Deleted User] Posts: 35,242
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    The bit where it had anything to do with what I just posted.

    Try to relax and engage in an adult level rather than getting all narky with people who are trying to help.
  • Degenerate
    Degenerate Posts: 2,166 Forumite
    The bit where it had anything to do with what I just posted.
    It had everything to do with it. It was not a condition of service when my service started. I did not agree to a change. My explicit permission was required for this change.

    (What is more, making it a condition of service may actually break the company's obligations as a statutory undertaker - still looking into that.)
  • [Deleted User]
    [Deleted User] Posts: 35,242
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    Hence the NoV. Hence no explicit permission required under the basis of processing.
  • BoGoF
    BoGoF Posts: 6,969
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    I fear you are wasting your time trying to help this person. Another poster who only wants replies supporting their point of view.
  • Degenerate
    Degenerate Posts: 2,166 Forumite
    edited 4 July 2018 at 9:08PM
    Hence the NoV. Hence no explicit permission required under the basis of processing.
    Variation of what? There wasn't even a valid contract for them to vary, I was too young to enter into one.

    And BTW, explicit permission is required in ALL circumstances. When it's a condition of service, it's an explicit part of the agreement and you give that permission when you sign up.
  • antrobus
    antrobus Posts: 17,386 Forumite
    Degenerate wrote: »
    Variation of what? There wasn't even a valid contract for them to vary, I was too young to enter into one.

    Contracts entered into by minors that are for necessaries are binding on minors. A utility contract is likely to be a necessary.

    In any case, a contract with a minor is perfectly valid, but voidable.

    This means that the minor can cancel, or avoid any contract at any time before reaching the age of 18 years, and for a reasonable time afterwards.

    https://www.inbrief.co.uk/contract-law/contract-with-minors/

    Since you don't appear to have cancelled the contract within those parameters, I'd say you were now bound by its terms.

    P.S. Go and ask a proper lawyer if you are in any doubt.
  • Degenerate
    Degenerate Posts: 2,166 Forumite
    edited 4 July 2018 at 9:53PM
    antrobus wrote: »
    Since you don't appear to have cancelled the contract within those parameters, I'd say you were now bound by its terms.
    And nowhere in those 1993 terms did it mention sharing data with a CRA. And at no time since did I give them the explicit permission that is required under the DPA for them to do so.

    But thanks for the info on contracting with minors, that was useful and informative - unlike the other contributions to this thread that are basically saying a company do whatever it wants.

    I'm still skeptical about the legality of Water Companies setting mandatory T&Cs that require permission for CRA reporting. Looking further into the "Statutory Undertaker" thing.
  • fermi
    fermi Posts: 40,546
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    From the ICO:
    The water companies use the legitimate interests condition to share data with CRAs. However, they must be clear and transparent with consumers about what they are doing with the data and the data must be accurate.

    If the legitimate interest condition is satisfied, consent is not required (contractual or otherwise).

    Saying on their website and in bills or other communications that they will be doing this likely fulfils the clear and transparent part.
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  • [Deleted User]
    [Deleted User] Posts: 35,242
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    Degenerate wrote: »

    And BTW, explicit permission is required in ALL circumstances. When it's a condition of service, it's an explicit part of the agreement and you give that permission when you sign up.

    Another error. That's not explicit permission.

    Look the definition of consent under GDPR. It would be worth you spending some time understanding data protection legislation. Start with the ICO website.

    When it's a condition of service, it's contractual or LI.
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