This section holds useful information regarding debt questions and bankruptcy questions.

Moderators: TalbotWoods, JaneClack

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By TalbotWoods
#159689 How to raise a complaint with the Information Commissioner

This has been produced after consultation with the Information Commissioners Office (ICO) and is what they require for you to raise a complaint. If you do not provide the information they need then the complaint WILL be returned to you as they cannot action it

This guidance should only be used AFTER you have written proof that you have contacted the Creditor / DCA concerned, and you have waited MORE than 28 days from them receiving your request for them to comply AND you have a copy of your Credit Reference Files that are NO MORE than 90 days old, that shows they have FAILED to comply with your request.

Please note that written proof that you have asked a Credit Reference Agency to investigate an inaccuracy IS NOT accepted as proof that you have contacted the Creditor / DCA. This is why this forum advocates that you MUST address your initial complaint directly to the Creditor / DCA.

Process to be used for EACH individual Creditor / DCA:

You have an incorrect entry on your Credit Reference Files

Step 1

    You must write to the Data Controller of the company concerned, (the relevant information can be found at the end of this post as to how to find the correct Data Controller)

    You MUST send you letter by recorded delivery.

    You must allow at least 28 days from receipt for a reply or for them to update the incorrect entry. The ICO also recommend that you allow a further 7 days to give the CRA systems to be updated.

    Check your Credit Reference files again

    If the entries have been correctly updated there is no need for a complaint.

    If the entries have NOT been corrected you then need to obtain an ICO Complaint form from the ICO (the links at the end of this post will tell you how to get them.)

Step 2.

    You must complete one form for EACH Creditor / DCA but this can complain about several aspects such as incorrect default date, not marked as settled, etc.

    You MUST include the following as evidence:

      - A copy of the relevant entry from the Credit Reference Files which MUST be no younger than 35 days after you sent to complaint letter to the Creditor / DCA

      - A copy of the ORIGINAL recorded delivery letter you have sent

      - Proof of delivery (Obtained from the Internet is acceptable)

      - Copies of any Replies that you have received

      - The completed complaint form

    You must send this by recorded delivery

    The ICO will acknowledge receipt but this can take several weeks, as they are extremely busy

    The ICO will write back to you telling you how they have dealt with the matter (or may ask you for more information)

    If they have found in your favour they will formally request the Creditor / DCA to amend the Credit Reference Files.

    If they have found in favour of the Creditor / DCA they will write to you and explain why.

Step 3

If they have found in your favour, you MUST check your Credit Reference Files after waiting a minimum of 6 weeks after you have been informed, and no later than 9 months.

If the creditor has amended the entry then the matter is closed.

If they have failed to amend the entry then raise a further compliant to the ICO informing them that the Credit / DCA has filed to follow their request and ICO will then serve an enforcement Notice and issue a fine if necessary (Please note that this step is extremely rare)



Links

Data Controllers Details

To the DebtQuestions Data Controllers List:

viewtopic.php?t=320

or if they are not listed you can find the details here:

http://www.esd.informationcommissioner. ... search.asp

If you are still not able to find the link please ask on the forum.



To ICO complaint forms.

In Word Format (Only use if you have scanned copies of all documentation)

http://www.ico.gov.uk/upload/documents/ ... t_form.doc

In PDF Format

http://www.ico.gov.uk/upload/documents/ ... s_form.pdf


To the ICO site with further information

http://www.ico.gov.uk/complaints/data_protection.aspx

Telephone Number for the ICO


0303 123 1113


If you have any further questions please post them in this section of the forum and we will answer them as soon as we can

Updated by Tim - 27/10/2010