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Consumers
You have probably encountered situations in which either a financial institution, a business or a landlord has asked to run a credit check on you in order to verify your solvency. While many people have a good idea of their credit history, they often aren’t aware of what is included in their credit report, who can have access to it and how the information gets there in the first place!
In this Infosheet, Éducaloi attempts to demystify the credit report by answering some of the most frequently asked questions.
Your credit report is a report containing a lot of information about you that is compiled by a business called a credit bureau (the most well known is Equifax Canada).
For example, if you ever borrowed money from a financial institution or were issued any type of credit card, you should know that these companies transmit information about you to the credit bureau. This information may include your address, different loans or credit cards you have, information on the way you make payments, your employers, etc. These same financial institutions or credit companies will consult your report when deciding whether to extend you credit. They have to obtain your authorization before consulting your credit report.
Credit bureaus, also known as "credit reporting agencies" create and maintain credit reports. Equifax, TransUnion, and Northern Credit Bureaus are some of the credit bureaus found in Canada. These organisations collect, update, and make available all information related to the state of your personal finances.
Each month, members of these credit bureaus send information that is used to update the reports. Members include banks, credit unions, financial companies, rental agencies, credit card companies, service providers, and retailers (merchants). For example, your telephone company can report to a credit bureau that you sometimes pay your bill a few days late. Similarly, the merchant who sold you the home theatre system on credit could inform a credit bureau that you missed your last payment.
In principle, only people who you have authorized to see your credit report may look at it. For example, a bank will specifically ask for authorization to perform a credit check each time you fill out a loan application.
A landlord might also ask to consult your credit history when you apply to rent an apartment. You are never obliged to give permission to anyone who wants to see your credit history. If you are refused goods or services because you refused to consent to a credit check you felt was irrelevant, you can report a complaint with the Commission d'accès à l'information.
Clients of the credit bureau, such as companies and financial institutions, usually transmit information about you to the credit bureau. Before doing so, they must obtain your consent.
Courthouses and municipal courts are another source of information for credit bureaus. Credit bureaus are entitled to consult certain public registries kept in courthouses and municipal courts to find out if any legal proceedings have been launched against you and whether any judgments have been rendered against you.
Yes. The Act respecting the protection of personal information in the private sector states that you are always allowed access to any report containing information about you.
The best way of proceeding is to send a written request to the credit bureau. The credit bureau will then have thirty (30) days from the date it received your request to reply or make an appointment with you if you just want to consult your report in person.
Send the credit bureau a written request by registered mail asking them to make the desired corrections, indicating the reasons for your request. Using registered mail and keeping your receipts will ensure that you have proof that the credit bureau received your request.
If the credit bureau denies your request or fails to reply within thirty (30) days of receiving it, you can apply to the Commission d'accès à l'information for an examination of the disagreement. You must report the application within thirty (30) days of the bureau’s refusal or failure to reply, whichever comes first. Therefore, if the decision to deny access was made within the required response time (30 days), you must apply within thirty (30) calendar days of the date of the refusal. If the bureau fails to reply, the calculation starts as of the 31st day following receipt of your request. The Commission d'accès à l'information (CAI) will then decide if your request is justified and can ask the credit bureau to make the necessary corrections.
Yes. The procedure is the same as in the previous question. Send the credit bureau a written request asking them to delete the information in question, indicating the reasons justifying your request (e.g. you believe that reference to a court order in which you were condemned to pay a certain amount of money is no longer pertinent because you have since paid the amount in full) as well as any proof.
Again, if the credit bureau denies your request or fails to reply within thirty (30) days of receiving it, you can apply for an examination of a disagreement with the Commission d'accès à l'information. You must report this application within thirty (30) days of the refusal of the request or expiry of the period within which to reply, whichever comes first.
Legally, there is no limit on the amount of time a credit bureau can keep information in your report.
In practice, though, there are some customary time limits. For example, a credit bureau will usually keep information on your credit history for six years from the date of your most recent activity. However, certain types of information can be kept longer. For example, information about a second bankruptcy can be kept in your report for up to 14 years.
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