Late Payment Marker removal

[Never-In-Doubt]

Re: Late Payment Marker removal

Well ICO said they can't help, but got a call from JD Williams today, my letter pleading with them worked, they going to remove the late payment marker - woohoo!

Nice one matey

[wizzywig27]

Re: Late Payment Marker removal

any update matey?

Well ICO said they can't help, but got a call from JD Williams today, my letter pleading with them worked, they going to remove the late payment marker - woohoo!

[Never-In-Doubt]

Re: Late Payment Marker removal

hey all

bit of a development, ICO replied and basically said that given the information I had proided they cannot take it forward, which is good cos I kinda felt guilty.

secondly I spoke to some guy in customer service and he passed it to the serious complaint department for them to look into, so hopefuly they will act on it.

Still not had a reply from JD Williams in relation to the letter pleading with them to remove it which was sent recorded last Monday!

any update matey?

[wizzywig27]

Re: Late Payment Marker removal

hey all

bit of a development, ICO replied and basically said that given the information I had proided they cannot take it forward, which is good cos I kinda felt guilty.

secondly I spoke to some guy in customer service and he passed it to the serious complaint department for them to look into, so hopefuly they will act on it.

Still not had a reply from JD Williams in relation to the letter pleading with them to remove it which was sent recorded last Monday!

[Never-In-Doubt]

Re: Late Payment Marker removal

Wizzy, nah it's just deviated to the actual inserts that make the dpa. It's good to have a debate and see differing points of view.

[wizzywig27]

Re: Late Payment Marker removal

started something here aint I ;-)

[Gerry]

Re: Late Payment Marker removal

I'll reply tomorrow lol but suffice to say you're still reading the dpa out of context. The data controller in your last quote refers to the actual companies (ie lenders) appointed data controller - this is an appointed person. Similarly, the cra's have the same. Lee Hancock takes this role with Experian.

It's not in the same context as the collective "controller" meaning the data owner (ie the bank/lender).....

Oh no its deja vu niddy caspar's got the ICO back onboard...

[Never-In-Doubt]

Re: Late Payment Marker removal

I'll reply tomorrow lol but suffice to say you're still reading the dpa out of context. The data controller in your last quote refers to the actual companies (ie lenders) appointed data controller - this is an appointed person. Similarly, the cra's have the same. Lee Hancock takes this role with Experian.

It's not in the same context as the collective "controller" meaning the data owner (ie the bank/lender).....

[Gerry]

Re: Late Payment Marker removal

I do enjoy nitpicking (as I think you're getting to know). However, I also like things to be right (which also you're hopefully getting to know!)

I'm not going to argue it any further as we'd go on all night. To be fair the ICO says go to the data controller of the lender first, then to the data controller of the CRA. In my opinion this means there is still some mileage in my argument otherwise the ICO would not suggest that.

However, as I said ages ago, we're talking theoretically anyway as in my post made at 14:19 I said I don't dispute that only the lender will remove it (if you're extremely fortunate).

I find the DPA a really interesting piece of legislation and find it hard to see why people try to use it in action quoting detail rather than the eight enforceable fundamental principles which are so clear.

Your nitpicking with yourself good odds for winning, i would take that bet.

I agree with you 100%, thats what i told her to do....

Gerry x

[caspar]

Re: Late Payment Marker removal



I do enjoy nitpicking (as I think you're getting to know). However, I also like things to be right (which also you're hopefully getting to know!)

I'm not going to argue it any further as we'd go on all night. To be fair the ICO says go to the data controller of the lender first, then to the data controller of the CRA. In my opinion this means there is still some mileage in my argument otherwise the ICO would not suggest that.

However, as I said ages ago, we're talking theoretically anyway as in my post made at 14:19 I said I don't dispute that only the lender will remove it (if you're extremely fortunate).

I find the DPA a really interesting piece of legislation and find it hard to see why people try to use it in action quoting detail rather than the eight enforceable fundamental principles which are so clear.

[Gerry]

Re: Late Payment Marker removal

Don't want to pursue this to the death, but having surfaced again, albeit sleepily, think about the following:

http://www.yourrights.org.uk/yourrig...y-records.html


The Act itself states:
The Data Controller of any organisation is ultimately responsible for the processing of any and all data by that organisation. If other people are involved in handling the data in any way whatsoever, it is the Data Controller's responsibility to ensure they are trained to do so correctly.


A CRA cannot "only pass the information on." By doing this they are without doubt processing your personal data. Of the eight enforceable fundamental prinicples of the Data Protection Act 1998:

No1 states personal data must be fairly and lawfully processed;
No 4 states it must be accurate
No 6 sates it must be processed in accordance with the data subject's rights.

Finally and this annoying proves us both right in my opinion, if you look on the ICO website it says that if you find incorrect information on your credit file you should complain to the lender and to the CRA. If this is what the ICO works by, then I think we have to agree we're all right.

I think the info is accurate caspar however they are being unreasonable as to the circumstances. Probably some wee guy at customer service that basically didn't give a sh*t or try to help in any way whatsoever.

Gerry

[Never-In-Doubt]

Re: Late Payment Marker removal

Numbers 1, 4 & 6 above are the responsibility of the processing controller which is the lender as they pass data to a third party to process the data (usually a cra)!

It's so easy to grasp, you're reading the act out of context mate. Totally.

[Never-In-Doubt]

Re: Late Payment Marker removal

Mate the part of the act you quote actually is right, in the right context (think legal and not so literally). It's clearly saying that the data controller must ensure all data is processed correctly, ergo the processor (in this case the cra's) must go back to the controller (lender) in case of query as they are ultimately the data controller; the cra is only a data processor, processing on behalf of the controller (lender) as I've argued all along lol

[caspar]

Re: Late Payment Marker removal

Don't want to pursue this to the death, but having surfaced again, albeit sleepily, think about the following:

http://www.yourrights.org.uk/yourrig...y-records.html


The Act itself states:
The Data Controller of any organisation is ultimately responsible for the processing of any and all data by that organisation. If other people are involved in handling the data in any way whatsoever, it is the Data Controller's responsibility to ensure they are trained to do so correctly.


A CRA cannot "only pass the information on." By doing this they are without doubt processing your personal data. Of the eight enforceable fundamental prinicples of the Data Protection Act 1998:

No1 states personal data must be fairly and lawfully processed;
No 4 states it must be accurate
No 6 sates it must be processed in accordance with the data subject's rights.

Finally and this annoying proves us both right in my opinion, if you look on the ICO website it says that if you find incorrect information on your credit file you should complain to the lender and to the CRA. If this is what the ICO works by, then I think we have to agree we're all right.

[The Debt Star]

Re: Late Payment Marker removal

Guilty Party.......

http://forums.all-about-debt.co.uk/s...62&postcount=2

hmmm....I do believe that was what Whizzy was referring to as well! But I DID add a colourful caveat to it.