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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I applied for a self employed job and was told I got it but

Resolved Question:

I applied for a self employed job and was told I got it but they have done a credit check on me and I am bankrupt (2009 and for 9 years).. they have since said they wont take me on, do they need to confirm in writing they are credit checking me and do I need to give written consent ???


are they allowed to do this as it is for a shutter fitting company, I thought they would do a CRB but they done this credit check...

Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Alex Hughes :

I assume you did not give your consent for a credit check?

Customer:

Hi, nothing was in writing and when he said about a check on me I thought we were talking about a CRB check as I will be going in peoples homes.

Customer:

nothing was in writing

Alex Hughes :

The Data Protection Act 1998 allows searches to be conducted with consent or where required by law. Neither of these apply to your situation. So this company appears to have broken the law. The first thing you should do is right a letter of complaint and ask for compensation for the breach. If they refuse yiu should complain to the Information Commissioner www.ico.org.uk

Customer:

he is saying I gave him consent, but if I would have known it was a credit check I would have told them about being bankrupt.
so would they have to of got it in writing from me ???.
also he said he will contact me on Monday and let me know why they have done a check and for what reason they cant take me on.

Alex Hughes :

Yes. It should be in writing.

Customer:

thank you so much, I will put something in writing to them and see where it goes.
the worst part of it all is I had another job offer which I turned down after he told me I had the job with him and now the other job has been offered to someone else so I have lost out big time..
thank you again for a great service.

Alex Hughes :

You can ask for compensation. Its not going to be very high but you have lost out as a result of their actions. I suggest you start at £1,000 unless you can prove you have lost out by a larger sum.

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