Late Payment Marker removal

[Gerry]

Re: Late Payment Marker removal

Gerry, well said - exactly how it is

It frustrates me that court cases are being stayed and we can't go for the kill as the lenders KNOW about their delays so they think they can force through a court case, which are they doing, knowing we need the SAR and the ICO cannot ask them to provide it, until they get the case which lately is taking 60 days upwards!

I know pal its a nightmare that people have to wait so long, worrying and stressed out waiting for a reply.

Gerry x x

[wizzywig27]

Re: Late Payment Marker removal

well apologies, but I know nothing of these timescales/problems etc....

[Never-In-Doubt]

Re: Late Payment Marker removal

well apologies, but I know nothing of these timescales/problems etc....

Mate, it's not your fault.... thing is though, too many people go in two feet first and complain - yet if they asked some of us in the know, on varying forums, they'd soon see it is fruitless....

It's not their faults, its primarily the ICO's for not employing enough staff when they know we're in a recession and people (consumers) are fighting back.... it aint gonna go away overnight

So best of luck, however the ICO will not, unforunately, request removal of the late payment markers so don't hold your breath awaiting their reply - instead try appealing to the lenders better nature, forget threats - use tact and be nice (kinda like begging)....

[Gerry]

Re: Late Payment Marker removal

well apologies, but I know nothing of these timescales/problems etc....

No need to apologise you haven't done anything wrong. Your not a mind reader how were you supposed to know about the backlog.

gerry x

Do some major grovelling, it'll work a treat...

[The Debt Star]

Re: Late Payment Marker removal

granted, but there's no actual harm or detriment done in complaining though? and perhaps by the time the SAR comes back there may be something else DPA-related to beef up the complaint with something more substantial...always a possibility...

[Never-In-Doubt]

Re: Late Payment Marker removal

granted, but there's no actual harm or detriment done in complaining though? and perhaps by the time the SAR comes back there may be something else DPA-related to beef up the complaint with something more substantial...always a possibility...

Mate the SAR is a separate issue lol - thats to sar CIFAS about cifas entries.. This is nothing to do with the ICO nor the dpa per se...

[The Debt Star]

Re: Late Payment Marker removal

TG for explaining that, I thought I was losing the plot entirely!

[Never-In-Doubt]

Re: Late Payment Marker removal

TG for explaining that, I thought I was losing the plot entirely!

Yea, two queries mate!

1. There may be incorrect cifas entries so I said to sar cifas.

2. He queried a late payment marker and I said complaining to ico is waste of time.

Make sense now?

[The Debt Star]

Re: Late Payment Marker removal

cifas being CRAs? or am I a rolling emotion again? lol

[Gerry]

Re: Late Payment Marker removal

TG for explaining that, I thought I was losing the plot entirely!

Lost!!!

[The Debt Star]

Re: Late Payment Marker removal

argh! hang on...I've just blown an angel out

[caspar]

Re: Late Payment Marker removal

I am totally in agreement here that the OP has not got a leg to stand on as the data processed and published is accurate so there is nothing they can do about it other than add a personal marker.

I still think the issue of who is data controller is debateable. You know me - I won't just roll over! lol

I think there may be a case for there being a joint data controller in the situation of CRA's, but there's also this:

"4. Where personal data are processed only for purposes for which they are required by or under any enactment to be processed, the person on whom the obligation to process the data is imposed by or under that enactment is for the purposes of this Act the data controller."


Could this not be interpreted to mean that the CRA have the obligation to process the data, so the processor in this case is the processor = data controller of CRA -ie- it is possible for the data controller and the data processor to be one and the same.

I know I'm being deliberately awkward, but it may prove important at some stage and I find it interesting to debate the finer points of law. I'm happy to be proved wrong (total lie!!!!!!!) but can you see my argument?

[Never-In-Doubt]

Re: Late Payment Marker removal

cifas being CRAs? or am I a rolling emotion again? lol

CIFAS being cifas mate!

---> http://www.cifas.org.uk/

Its an FPA (Fraud Prevention Agency)

[Never-In-Doubt]

Re: Late Payment Marker removal

I am totally in agreement here that the OP has not got a leg to stand on as the data processed and published is accurate so there is nothing they can do about it other than add a personal marker.

I still think the issue of who is data controller is debateable. You know me - I won't just roll over! lol

I think there may be a case for there being a joint data controller in the situation of CRA's, but there's also this:

"4. Where personal data are processed only for purposes for which they are required by or under any enactment to be processed, the person on whom the obligation to process the data is imposed by or under that enactment is for the purposes of this Act the data controller."


Could this not be interpreted to mean that the CRA have the obligation to process the data, so the processor in this case is the processor = data controller of CRA -ie- it is possible for the data controller and the data processor to be one and the same.

I know I'm being deliberately awkward, but it may prove important at some stage and I find it interesting to debate the finer points of law. I'm happy to be proved wrong (total lie!!!!!!!) but can you see my argument?

Mate, no matter how you look at it - the data processor is the CRA (in this case) they are NOT a controller as they do not own the data which is why they (CRA's) always say - we'll contact the lender and if they agree to remove, we'll remove.

Bear in mind, the name speaks volumes!

Processor = CRA's (cos they process the data on behalf of the controller)
Controller = Owner (they own it and control it)
Subject = Customer (you're what the above is all about!)

[The Debt Star]

Re: Late Payment Marker removal

Death Star changing orbit and heading back towards Planet Niddy