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Thread: Credit Check without permission

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    Credit Check without permission

    Can a debt collector (which is not registered with the council for debt collectors) do a credit check on someone without permission?

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    Site Caretaker Dave A's Avatar
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    Interesting question.

    Two thoughts came to mind.

    The debt collector is an agent of the creditor. If the creditor has permission to do a credit check at hand, I expect this could be used as the line to justify the credit check.

    My second thought is that judgements are a matter of public record. If the report contained only judgements, and did not include "adverse credit reports" (essentially non-judgement type records), a complaint of invasion of privacy probably wouldn't go far.

    I have to mention - Normally the complaint is the debt collection agency filing an adverse credit report (without notice, judgement etc).
    The trouble with opportunity is it normally comes dressed up as work.

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    Diamond Member Vanash Naick's Avatar
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    Where does the right to privacy originate?

    Section 14 of the Constitution of 1996 provides:

    Everyone has the right to privacy, which includes the right not to have-
    (a) their person or home searched;
    (b) their property searched;
    (c) their possessions seized; or
    (d) the privacy of their communications infringed

    Indeed, you have a right to privacy, BUt, if you believe that your right to privacy has been infringed the recourse to the law that you have or the remedy is to sue for damages in a civil court of law.

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    Can anyone please show me the law or refer it to me that prevents anyone doing a crim or a credit check on anyone? And im not talkimg about the right to privacy etc etc.
    Bearing in mind that this info is public knowledge.

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    Diamond Member Vanash Naick's Avatar
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    Hi KenvinB,

    In attempting to put you in the right drection, the question I ask is , has a crime being committed? and if so, what crime? I have looked at the definitional elements of various crimes and cannot realy find one that we can match to your situation. if you looking to lay criminal charges that one could argue that this behaviour falls under the general crime of 'stalking'.
    The problem with credit checks is that you have to be subsribed to itc or experian to acces their records. A better approach in in a civil court of law, sueing for damaginges for infringement of the constitutional right of privacy.

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    Credit and crim checks are also done for business purposes such as myne and my wife in recruitment, u can access these recirds without being registered with transunion itc if u are in my line of work. Therefore it does not have anything to do with any crime being committed. It has to do with the fact that we HAVE to know in the security industry.

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    Email problem Missnancyalex's Avatar
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    I did not know much about but please check this link
    http://www.consumerfraudreporting.or...collection.php , hopefully you will find some useful information.

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    Thats quite an interesting link Missnancy .........................

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    Site Caretaker Dave A's Avatar
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    The Fair Debt Collecting Act

    Aah - USA legislation. Not relevant to the South African situation, unfortunately.
    The trouble with opportunity is it normally comes dressed up as work.

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    Email problem Missnancyalex's Avatar
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    Quote Originally Posted by Dave A View Post
    The Fair Debt Collecting Act

    Aah - USA legislation. Not relevant to the South African situation, unfortunately.
    opps sorry for that.

    I got one more.....

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