Section 158 Duty of agency to disclose filed information.C1

United Kingdom

(1)

A credit reference agency, within the prescribed period after receiving,—

F1(a)

a request in writing to that effect from a consumer,

(b)

such particulars as the agency may reasonably require to enable them to identify the file, and

(c)

a fee of F2£2,

shall give the consumer a copy of the file relating to F3it kept by the agency.

(2)

When giving a copy of the file under subsection (1), the agency shall also give the consumer a statement in the prescribed form of F4the consumer’s rights under section 159.

(3)

If the agency does not keep a file relating to the consumer it shall give the consumernotice of that fact, but need not return any money paid.

(4)

If the agency contravenes any provision of this section it commits an offence.

F5(4A)

In this section ‘consumer’ means—

(a)

a partnership consisting of two or three persons not all of whom are bodies corporate; or

(b)

an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership.

(5)

In this Act “file ”, in relation to an individual, means all the information about him kept by a credit reference agency, regardless of how the information is stored, and “copy of the file ”, as respects information not in plain English, means a transcript reduced into plain English.

Annotations

Textual amendments

F1: S. 158(1)(a) substituted (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {5(5)}, 71(2); S.I. 2007/123, art. 3(2), Sch. 2 (as amended by S.I. 2007/387, art. 2(3)(a))
F2: "£2" substituted (1.5.1998) in s. 158(1) by S.I. 1998/997, art. 3, Sch.
F3: Word in s. 158(1) substituted (1.3.2000) by 1998 c. 29, s. 62(1)(a)(ii) (with Sch. 14 para. 20); S.I. 2000/183, art. 2
F4: Words in s. 158(2)(3) substituted (1.3.2000) by 1998 c. 29, ss. 62(1)(b)(c) (with Sch. 14 para. 20); S.I. 2000/183, art. 2
F5: S. 158(4A) inserted (6.4.2007) by Consumer Credit Act 2006 (c. 14), ss. {5(6)}, 71(2); S.I. 2007/123, art. 3(2), Sch. 2 (as amended by S.I. 2007/387, art. 2(3)(a))

Modifications

C1: Ss. 157-160 applied (1.1.2016) by The Small and Medium Sized Business (Credit Information) Regulations 2015 (S.I. 2015/1945), regs. 1(2), 15(2)