Disclosure
& Use Of Your Information.
It is important you read the following information,
this explains how your data will be used.
Data Protection - updated 1/12/00
In simple terms the Data Protection Act
requires companies and individuals who process
and retain information about their customers
to tell the customer how the information
will be used and to what purposes it will
be put.
The act does not restrict itself only to
information kept on a computer, it is relevant
to any ordered filing system, If you have
applied to a FSA company the information
below describes how your data will be processed.
If your information is to be processed differently
the trader will tell you.
Credit Brokers
If you have applied to a credit broker they
will use the information you have provided
to:
- Process the application you have made;
- Make, or cause a search to be made, at
a credit reference agency (see the note
further on) - this search will be shown
in any other searches which are made in
connection with applications made by yourself
and other members of your household. The
disclosure of multiple searches may adversely
affect your credit profile and may make
credit harder for you to obtain.
The broker may also use the information:
- To offer you other products which they
make available;
- To pass your details on to a lender or
lenders they feel may be willing to lend
you money;
- To pass on your details to another broker,
if your broker is not able to arrange finance
for you;
- To write to you in the future with a view
to offering you products they feel may be
of interest to you;
- To pass your details to another broker
in the future with a view to them offering
you products they feel may be of interest
to you;
- To permit access to your information by
the FISA or other regulatory bodies to ensure
that the broker is processing information
correctly and complying with regulatory
requirements.
The broker may keep the information for
several years. You can ask for the information
not to be used to offer you other products.
Any other broker or lender to whom the information
is passed during processing your application
may use it in the same way. Every company
or person who processes or keeps data has
a duty to keep that information up to date
and accurate.
Lending Companies
Use of information when application is being
processed.
Lenders to whom the application is passed
will make wider use of the information than
the broker. If you have received any lender
documents, they should include a statement
telling you what they will do with the information,
or telling you where to look to find out
what use they will make of it. This statement
will usually be near any signature box,
or clearly placed on the front page. If
the information is not by the signature
box there may be an 'information padlock'
sign (like the one above) drawing your attention
to where the information is.
Almost all lending companies will check
the information supplied on loan or mortgage
applications with data held by credit reference
agencies. Every time a search is made it
is recorded by the agency and disclosed
to other organisations on any later searches.
Lenders will use the information obtained
in the credit reference search to help them
assess the application and they may use
the result of any search in a credit scoring
system.
A credit scoring system is a system by which
points are given for various factors like
your age, your job or even for information
obtained from a credit reference agency,
such as how you have repaid previous or
existing credit. Lenders use different methods
of scoring depending upon their interpretation
of the importance of different factors and
the level of risk they are willing to accept.
You should be told if a lender is going
to use a credit scoring system.
The lender may check your details with the
credit reference agency or with other agencies
(see pages 24 and 25) to satisfy itself
that all the details on the application
are true, and that the application has really
been made by you. If it suspects information
is false or inaccurate it may report it
to a fraud prevention agency. Please ensure
the information you give is true as lending
companies will check with fraud prevention
agencies and if you give false or inaccurate
information, and the lender suspects fraud,
it will record this.
NOTE - OTHER AGENCIES SEARCHED
As well as the credit reference agencies,
there are agencies dealing specially with
the checking of application details to identify
possible fraud. This is a protection for
honest applicants, although it can sometimes
cause delays. Details of these other agencies,
and a brief outline of their purpose, are
given further on in this text.
Nobody has a right to receive a loan. Loans
are always granted at the discretion of
the lending company.
What if my loan application is not accepted?
Sometimes a lender may not wish to lend.
This may be for a number of reasons.
The lender may think you cannot afford the
loan. If it is a secured loan, your property
may not be of sufficient value.
A lender does not have to tell you exactly
why you have been refused a loan but you
can ask them for the name and address of
any credit reference agency used and they
will supply this information free of charge.
If you are refused credit because of a computerised
credit scoring system you can ask the lender
for an explanation of how their credit scoring
works (this applies only if the decision
has been made on the basis of a computerised
system alone.)
The lender may charge a small fee for providing
this information, You also have the right
to require a personal, non automated, review
of the decision.
Use of information once a loan has been
made
All lending companies keep information about
their customers in their own records. This
will include all the initial information
given by you, and extra information about
how your account has been run and any other
dealings between you and the lender.
Lenders will record the conduct of any loan
throughout its duration, including how punctually
the payments are made and other information,
with one or more of the credit reference
agencies. This enables them, and others
to make decisions about credit and credit-related
services for you and members of your household
including decisions on motor and household
credit, life and other insurance proposals
and insurance claims.
Information may also be provided to the
other agencies mentioned further on. These
will help lenders and other subscribers
to those agencies to trace debtors, recover
debt, prevent fraud and to check your identity
to prevent money laundering. In particular,
any difference between the information given
by you or your broker and any later information
discovered by the lender is likely to be
noted.
Lenders may also use your information for
statistical analysis about credit, insurance
and fraud. This may be done by them or by
third parties contracted to do the work
by them. If they use a contractor, they
are obliged to ensure that your data is
properly secure. Many lenders will also
need to give information about you and your
account to their bankers, other providers,
insurers and re-insurers of funding for
their lending or any other product they
have offered to you.
If your broker or lender intends to use
your information for any purposes not included
above, it will explain this in its documents.
Brokers and lenders are under a legal duty
to keep all the information they hold accurate
and up to date.
Credit Reference Agencies
The two main credit reference agencies are:
Equifax Plc
Credit File Advice Service
PO Box 3001
Glasgow, G81 2DT
Experian Limited
Consumer Help Service
PO Box 8000
Nottingham, NG1 5GX
All the FSA lending companies use one or
both of these agencies.
The agencies do not keep 'blacklists' nor
do they give any opinion about whether or
not credit should be granted. They do have
a duty to keep information up to date and
accurate.
Credit reference agencies keep a wide range
of information. This includes information
from the electoral roll (sometimes known
as the voters roll) and records of most
county court judgements and bankruptcies.
They also retain information relating to
previous and existing credit and a record
of searches made against the file. The lenders
share information through the agencies providing
a history of how punctually payments are
being made or have been made. Loan information
is usually held on file for 6 years. Details
of the voters roll may be held for much
longer. Information about credit searches
is kept for up to two years.
Other Agencies
CIFAS
Reports from CIFAS relating to fraud and
fraud avoidance are also available to its
members (most lenders) - these contain information
indication that fraud, or attempted fraud,
has been notified by a lender. The information
might not directly relate to you, it might
relate to someone who has tried to impersonate
you. Data available to members of CIFAS,
may also be used to help make decisions
on motor, household, credit, life and other
insurance proposals for you and members
of your household.
CML Repossession Register
The Council of Mortgage Lenders, Repossession
Register is available to its members through
the main credit reference agencies. If you
have had a property repossessed or have
given it up voluntarily this will show on
the register.
GAIN
A file may also show a 'gone away' marker
indicating that a member of the ' Gone Away
Information Network' has reported that they
cannot trace a customer who is in arrears
with payments. Alternatively, the marker
may indicate a new address which the 'gone
away' has been traced to.
HUNTER
Files in this register contain detailed
information on applications made and loans
given. It is aimed at tracing fraudsters
who use different combinations of information
to obtain credit dishonestly. It checks
and counter checks information given on
application forms.
If your broker or lender used any of the
above agencies they will be able to confirm
their contact addresses.
All Agencies, Brokers and Lenders
You are able to see what information any
of the above hold about you. You can ask
them for a copy at anytime. They must also
tell you where the information was obtained.
You will need to write and they may charge
a small fee (£10 maximum). The firm
will have to reply within 40 days from receipt
of their fee.
If you wish to see the information contained
on a credit reference agency file you can
do so by writing to the relevant agency.
The agency must respond within 7 working
days. There is a small fee of £2 required.
If your credit reference file contains information
about other people with whom you have no
financial connection or if it contains information
which is incorrect you can ask for the entry
to be corrected, removed, or have a note
put on the file explaining why you think
the information is wrong. The agency will
not remove correct information.
The Data Protection Commissioner provides
a useful leaflet which explains how to request
changes to your credit reference file. The
easy to read leaflet includes examples of
letters and details of various actions you
may take to amend a file.
You can obtain copy of the free leaflet
by writing to:
No Credit Leaflet, PO Box 99, Nelson, BB9
8GS.
Information is also available at www.dataprotection.gov.uk
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