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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a British Citizen who grew up in Australia and I am contemplating

Customer Question

I am a British Citizen who grew up in Australia and I am contemplating a return to the UK next year. I have a default from a credit card about 5 years ago when I previously lived in the UK but no CCJ was recorded and I have no other debts etc.
I am concerned that a UK employer may find out about this via a pre employment credit check and it may affect my ability to be employed (I work in legal services). However I have also heard that pre employment checks are limited to bancruptcy, CCJs etc.
Can employers check this deeply into my credit history lawfully?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know why they would do a credit check rather than criminal background check?
JACUSTOMER-wucx5rxz- :

I am unsure whether they would do or not. I know that in some financial services positions they do a credit check and criminal background check. My question really is whether or not working for say, a law firm, they would be entitled to check my credit history and if so, would this just be to check for CCJs, bancruptcy etc (which I do not have).

Alex Watts : Generally they would not and would only be able to do a credit search if you consented. If you do not consent then they can't do one
Alex Watts : They are only entitled to check if you agree.
Alex Watts : Can I claeify anything for you about this today please?
JACUSTOMER-wucx5rxz- :

Yes I am aware that they require my consent, however I am concerned that if I did not consent, that would make them suspicious. Are you saying that generally, a law firm would not conduct a credit check? I understand that they would always do a criminal check.

Alex Watts : No they can't do it without costent
Alex Watts : if They did it would be a beach of the data Protection Act and Therefore illegal
Alex Watts :

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