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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
FISA 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 FISA 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 |