I handed back the keys to a one bedroom flat using Union Finance. After 5 years I have bought another house, and have now been found by the mortgage company ( UCB ). They asked for our mothly income and out goings so they could work out a payment for us to pay. We refused to show them any details but suggested as a good will on our behalf to pay #50.00 per month, but under no circumstances did we admit to any libility to the shortfall. We have now discoverded that they haved carried out a credit check on our property with out our concent.I approached them about this and they appologised and they said they are not sure how it happened. Should I take the matter further

-- Alan Alavrez (candyalv@aol.com), June 16, 2000

Answers

This is the Typical Standard answer you got-so credit checks just happen and pigs also fly-seen this so many times Ok Write to the Office Of Data Protection ,make formal complaint and also write to the credit agency and if it is a mistake!!!!! as them to remove it from there files-obtain a letter -write to Ucb asking them to state what they did and forward the letter on the the credit agency! Now saying all this you still have the shortfall and they know you have a mortgage by mistake or otherwise very crafty! The Law works in odd ways I say this for after usual apolgies etc and investigations how it came about you still left with same shortfall problem Go and see a lawyer on this and dont -dont offer any money untill your lawyer has seen it and all papers re previous shortfall!!

Good Luck

Charles Twford

-- charles twford (charles.twford@lineone.net), June 18, 2000.

It is a contravention of the Data Protection Act to conduct any credit search without the written consent of the data subject.

You should demand compensation from the company for infringing your personal privacy, and if they do not come up with an offer you should threaten them with an approach to the Data Protection Commission with 'a request for assessment' of your complaint. This will lead to a formal ruling by the Commission under the 1998 Data Protection Act which was implemented in March of this year. The rulings are severe embrassments to companies - they'll do everything they can to avoid one!!!

-- James Simons (james_2999@hotmail.com), June 29, 2000.

One can never Presume in law That it will go onto Formal Proceedings There are alot of excuses by both parties before it comes to that stage! If only the Law was so simple-but is not infact there are many out there who are not even Registered and this Includes Solicitors and Accountants-The normal citizen has little rights-when it comes to these sort of things-All thes Bodies are setup with good measure-but when it comes to practise NO!!!!

By all means follow this answer but do not let it detract from your main problem -the Shortfall! we mentioned earlier

Regards

Charles Twford

-- charles twford (charles.twford@lineone.net), June 30, 2000.