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Response to Anyone else SARN'd Experian?

from Harry (pearson_harry@hotmail.com)
Sorry to disapoint you but...

Section 9(2) of the DPA allows a credit reference agency to respond to a SARN request with only a statement about your credit standing. No data has to be supplied unless you state that section 9(2) of the DPA does not apply to this SARN request.

DPA 9.

(1) Where the data controller is a credit reference agency, section 7 has effect subject to the provisions of this section. (2) An individual making a request under section 7 may limit his request to personal data relevant to his financial standing, and shall be taken to have so limited his request unless the request shows a contrary intention. (3) Where the data controller receives a request under section 7 in a case where personal data of which the individual making the request is the data subject are being processed by or on behalf of the data controller, the obligation to supply information under that section includes an obligation to give the individual making the request a statement, in such form as may be prescribed by the Secretary of State by regulations, of the individual's rights- (a) under section 159 of the Consumer Credit Act 1974 , and (b) to the extent required by the prescribed form, under this Act.

Therefore;

Experian, Equifax, and MCL are not required to send you anything else apart from a single sentence concerning your character. They will all send you copies of credit reports, some other assorted bumf, but these are just being thrown in to bulk up the response. The only bit of their SARN response that is actually required is the single sentence about you.

You will note this sentence in the letter that came with their reponse, something along the lines of "There are no adverse comments in your personal data held by us"

They may have treated your SARN as you intended, but without the staement that 9(2) does not apply, you have no way of knowing.

Send them a letter immediatly, saying that section 9(2) of the DPA did not apply to your recent SARN request, you require ALL data held against your name.

Good Luck.

(posted 7878 days ago)

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