FIRST PUBLISHED BY: THIS
IS MONEY
TIMELY TEXT: WAS IT A COINCIDENCE THAT I GOT A TEXT MESSAGE
FROM A CREDITOR URGING ME TO GET IN TOUCH A WEEK AFTER I MISSED A COUNCIL PAYMENT?
I had a text on my mobile phone out of the blue from a
creditor urging me to get in touch if I was experiencing financially
difficulties just a week after missing a Council Tax payment. Do
banks/mortgage lenders or even the councils send out advisories as to who might
be struggling financially? If so isn't this a breach of confidentially? It doesn't feel like a coincidence as I have never missed a payment and the
creditor has a secured loan i.e a second charge on my property.
Linda Mckay of This is Money replies: Struggling borrowers
such as yourself who are juggling many different debts including a mortgage,
second charge or credit cards may have trouble in meeting all the demands of
creditors. Can creditors spot financial difficulty and if so how? I asked
experts in the field for you. Joanna Elson OBE, chief executive of the
Money Advice Trust replies: The crucial issue here is whether or not this is a
creditor through which you pay your Council Tax. If they are not, then
something may be amiss and a breach of confidentiality under the Data
Protection Act is worth exploring.
In this case the first thing to do is to write to the
creditor and ask what information they used to identify your supposed financial
difficulty. A missed Council
Tax payment may show on your credit file, and so a creditor could
possibly spot this while carrying out a genuine check on your file. However, if
this is the case you should ask the creditor to justify why they were looking
at your file, as creditors can’t simply do so on a whim. Alternatively it may
have been a phishing text with coincidental timing.
However, if this is a creditor through which you pay
your Council Tax, then
there has been no breach. Indeed we encourage creditors to proactively contact
customers they identify as being at risk of financial difficulty. Of
course much of our support for such practices depends on the nature of how the
creditor contacts such an individual and what advice they provide.
For example if a creditor notices an individual frequently
incurring charges for dipping into an unauthorised overdraft and they then contact
that person to signpost them to relevant sources of free debt advice, such as
National Debtline, My Money Steps or Citizens Advice, the person may be able to
resolve their financial situation more quickly and less painfully than might
have been the case had the creditor simply ignored the issue and continued
collecting overdraft fees and charges.
We conducted research into the merits of proactive contact
with struggling borrowers last year, and found that the results of these
practices were overwhelmingly positive, with people resolving their financial
problems before they became particularly serious. Anyone who is struggling with
their finances is likely to find a far better outcome the earlier they start to
deal with their problem, and the first step is to seek free, independent
advice.
James Jones, of leading credit agency Experian replies:
Councils do not share data about Council
Tax payments with lenders through the credit reference agencies (CRAs),
so the text from your mobile phone provider will not be because you missed a
Council Tax payment. Many lenders that do share credit data through the CRAs do
get your permission to consult it on a regular basis. If, while doing this,
they spot a missed payment elsewhere or simply that your overall financial
situation is deteriorating, they may take action such as getting in touch to
offer help.
If you’re concerned about the information on your credit
report, it’s easy to get hold of a copy. If you do this and find a mistake you
can make sure it is corrected. You can also use a ‘notice of correction’ to
explain the reasons for any correct missed payments or other adverse
information in the past.
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