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  • #1

    Running defaults, what the heck?

    Just come across this, which was a bit of a shock. Anyone here know anything about this?

    'Not sure if other forum members are aware of the following in connection to water companies reporting to CRA's for which i have been trying to find an update because a review was supposed to take place after 5 years by the ICO. Can anyone provide an update or knows if the below allowing running defaults has been changed?:-

    Normally, once 6 years has passed since the original Default Date a record will automatically be removed. To ensure that customers who fall into the above scenario, who are continually not making payments, do not have the default disappear, a running default will effectively be created. This will involve the oldest default details dropping off at year 6 and the newest default adding in. In order to manage this process there needs to be some changes made to the Original Default Balance and the Default Date field.


    Water Companies CAIS Reporting Guidance

    Final May 2012'
    Tags: None
    • 1 like
  • #2
    Ahh you're referring to this nonsense - Water Companies CAIS Reporting Guidance

    However, I thought at the time that this was nonsense as it is in direct conflict with both the Principles for the Reporting of Arrears, Arrangements and Defaults at Credit Reference Agencies and the Principles of Reciprocity

    I would send an email to the ICO and ask for an update to this, but I have always argued that services like this are not credit - we did not ask to subscribe to Yorkshire Water (or whoever) - it's just that they run the monopoly and if we could have a choice then I am sure 99% of us would. So adding the entry in the first place is, in my opinion, wrong. However that said, is seems that our data is way out of control because under GDPR we can demand they cease processing or sharing our data. Now here is where it gets tricky, as I do not want to be a customer of Yorkshire Water but am forced to by proxy, and the fact they cannot disconnect me as I always pay on time, in advance, I should be able to demand they cease sharing my data as I am not in debit as I pay in advance. They argue this and say no, each month I pay is a third off my quarterly bill. No, if I pay £75 a month and pay £75 on 16th January then that is, in the eyes of the law, payment for the period 16th Jan to 16th Feb. However the water board seem to say that because they only invoice quarterly, they estimate credit of £225 and then each month I pay £75 they reduce it on the CRA.

    Utter nonsense. See the flaws just in the above? I am not in arrears by £150 on 17th Jan after my monthly payment - I only go into arrears on 17th February assuming my payment didn't go through on the 16th but even then it's by one day. They must allow monthly billing to alleviate this issue because I am going to test this and demand they stop processing my data and sharing it with a third party. They will argue they have a legal obligation to process my data to provide the service (that I neither want nor did I ever sign up for), however whilst that's all good and well, I will revoke all authority to share with a third party. Lets see how they respond. But I will push it and if necessary start a test case as I genuinely feel that water companies being the monopoly are taking us for a ride.

    This nonsense about the 6 year default continuing makes sense as you cannot have more than one account so they'd essentially turn the default into a live account again but that defeats both the CCA and the policies outlined above. So something can't be right. But lets say they defaulted you after you moved to another area with a different water company, then the default could only last for 6 years - period.

    I will test this in the coming months when I get time to waste arguing.


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    • 2 likes

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    • #3
      OH I look forward to this xx
      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.
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      • #4
        Update
        Still no response from the ICO. Will give them another week, then chase for an answer as to the running default situation.

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        • #5
          Had a response from ICO at last - its a bit of a surprise, and im not too sure i understand why the ICO wasn't involved and left it to Experian and what the consequences are if any??

          ICO response

          'In your forwarded email you have asked for a copy/link to the review outcome of Water Companies CAIS Reporting Guidance. Unfortunately this is not guidance that we produce. Having searched the guidance online it appears that it is produced by Experian. In the circumstances it appears that your enquiry may be best directed to Experian. You may be able to contact them through the information on their website https://www.experian.co.uk/contact-us/index.html .'

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          • #6
            Oops, something went wrong...

            Error-Code: 403 the link they state
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Hi Sorry about that. Not a techie, so do not know how to remedy.
              I will at some point make contact with Experian to allow an update to this thread

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              • #8
                #2 above Niddy comment for now?
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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