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Response to unauthorised search on credit check?

from anon (i.hate.abbey.national@another.com)
My totally unqualified opinion to your DPA question is;

Nobody can issue a credit check on you without authority. It is a clear breach of the DPA, the HRA, the Consumer Credit Act and even your right to privacy.

These people may try to claim that they were acting for the bank that you have a shortfall claim with. But in fact only the bank have a right to issue a credit check against you.

When you enter into a credit agreement there is a clause stating that they can contact Credit Reference Agencies. The banks like to "Assume" that this means they, and their agents, can issue credit checks against you for ever and ever. This is not the case, but it has never actually been proved in court.

There are legal cases on such issues coming before the courts this year. I will post details and updates in these cases when they are completed.

I would suggest to you that the best course of action is;

If you have suffered distress or loss because of this credit check then you need to document this immediatly. Keep all documents, letters, logs of telephone calls, notes of doctors visits, write down what people say to you on the telephone during, or immediatly after, a conversation.

Send a letter to the IC formally requesting an assessment of this credit check. Download the assessment form from the IC web site, or simply send a letter with a bold title of, "Request for Assessment". There is no charge for this.

If the IC rule that the credit check is valid then you do not have a case under the DPA.

If however the IC rule that your rights have been violated, and you have suffered distress, then you have a claim under the DPA in the county court. If you obtain such an assessmentthen you need to contact a solicitor experianced in the DPA.

I can't begin to estimate your costs to pursue this in the courts, and since there are no previous cases and decisions available, I can't estimate what compensation you could hope to receive.

Good Luck.

(posted 8124 days ago)

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