Patrick Hasler

Sorry Tracy ... i went to edit that and deleted it

But thanks for saving it on your post

Patrick Hasler

I was told by a lawer that is was "International Data Prtection Laws' thats all

They forbid personnal info of any sort being transfered from UK to USA without prior written permision from the subject

Tracym

Very interesting - thanks.

But ok... following this thought... they sell the debt to a US company; that company gets a court judgement and put it on your US credit report. You tell the US credit agencies to remove it, and they do.

Can't they still collect on the court judgement?

... obviously this won't happen from a phone contract, but now I'm curious.

rew1000

I think there are several different things being talked about here:

1. UK creditor tells UK credit ref agency (UK credit ref agency can't disclose that outside of EU?)

2. UK creditor obtains UK court judgement ordering repayment (judgement can then potentially be enforced in countries that will enforce UK judgements)

3. UK creditor hires US debt collection agency to ask you nicely for the money (then perhaps US debt collection agency can tell US credit reference agency? or obtain US court judgement?)

I imagine that unless the sum of money involved is large, not a lot will happen, but I'm sure it's wrong to think that there could never be any consequences of UK debt if you move abroad.

Tracym

You're right - interesting point in #3

Are we talking about a UK court judgement, or a US one?

If it's a UK court judgement, yes US collection agency couldn't do squat.

But how could they get a US court judgement, if it is illegal to pass the information over here that would be necessary to get that judgement?

scrubbedexpat099

It isn't, talking of two seperate issues and combining them.

Tracym

Sorry, what?

scrubbedexpat099

Data Protection Act
Legal enforcement of in this case a debt.

Duncan Roberts

Interesting. So would that be considered as not showing good moral character in the eyes of immigration? Would it or wouldn't it also count as a CMT? I think the department of state classes the intent to defraud and the act of committing a fraud as CMTs.

I don't really care either way, but it's interesting what people are willing to do without fully thinking it through in order to save a few bob.

rew1000

The rule preventing overseas transfers without consent is called "Principle 8". Schedule 4 of the UK Data Protection Act lists a series of exceptions to this principle. One of these is that data may be transferred if

"The transfer—

(a) is necessary for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings),

(b) is necessary for the purpose of obtaining legal advice, or

(c) is otherwise necessary for the purposes of establishing, exercising or defending legal rights. "

Ray

I think it would be ...it came under the 1968 theft act
but it was very complex ...but no proof of intent to permanently
deprive was involved which was useful ...... basically it was for minor fraud

kins

No idea about the credit rating in the US, but we had a similar situation happen when we moved to the US years ago. The phone company tried to take out a CCJ against us but couldn't because we were abroad. So they put a black mark on our UK credit rating and continued to send threatening letters.

When we got back to the UK I contacted the regulator at the time (Oftel?) about the fact that the phone had been mis-sold in the first place, and the phone company dropped all the charges and withdrew the black mark or whatever it's called (sorry am a bit fick when it cums to technical terms about credit ratings).

chartreuse

What he said. Not to mention that the OP may have already given consent for the transfer. In that, such consent might well be a term in the original contract. Somewhere. In really tiny letters. The DPA was never designed to shield crooks, though it may sometimes appear to have that effect. Not that I'm calling the OP a crook - just to be clear.

To the best of my knowledge, the reason EQ & EX won't transfer credit files is not the DPA (though it's no surprise that they, like many of others, may use it as a convenient excuse). After all, if that were the only stumbling block then all we'd need to do would be give them permission when we emigrated and, presto, instant credit history!

Rather it's that the UK and US systems are incompatible and it's not worth the cost of conversion to them.

Tracym

So you folks appear, in essense, to be saying that Pat's attorney was wrong, and they can transfer the info over here just fine?

lapin_windstar

Yes. Patrick's second-hand info is complete balls.

Under the England & Wales DPA, UK data processors can't send personal data overseas unless the recipient is either a) in a country where data protection legislation is equivalent or b) where the recipient has signed a Safe Harbour agreement.

The US federal legislation is not good enough (or, depending on your opinion, is too good) for the USA to fall in category a), so b) has to kick in. A Safe Harbour agreement can just be a letter between two companies that says "we promise to treat your data properly".

Having said all that, I doubt that they bother to cross-reference credit files between the UK and the US as a matter of course. The effort compared to the benefit would be minuscule.

In any case, if they really want your money, they'll sue you for it, obtain a judgment against you, and enforce it in the US. Otherwise people would just borrow ten million quid and do a bunk to Florida.

Edit to add: http://www.export.gov/safeharbor/SafeHarborInfo.htm