Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder loobyloo35 Novitiate

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    Default Subject Access Request Template Letter

    Can someone post this up for me please, seem to be having a HUGE blonde moment today and cannot find it!

    Thanks


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    Default Re: Subject Access Request Template Letter

    Data Protection Act 1998

    Subject access requesticon

    Dear Sir/Madam

    ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

    Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

    1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.
    2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor
    3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.
    4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.
    5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).
    6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.
    7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.
    8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998
    9. A list of third party agencies to whom you have disclosed my personal dataicon and a summary of the nature of the information you have disclosed.
    10. Copies of statements for the entire duration of the credit agreement.

    I enclose the statutory maximum fee of £10. You have 40 days in which to comply.
    If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

    Yours faithfully,


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  3. #3
    Basic Account Holder Howler14 Novitiate

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    Default Re: Subject Access Request Template Letter

    Does this letter have to be signed as I have had a response from Tesco Personal Finanace stating that I forgot to sign it. Eggicon processed it with out a signatute.


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    Default Re: Subject Access Request Template Letter

    There is no legal requirement for you to sign it. Here is what the ICOicon say about the matter;

    Data Protection Act Good Practice Notes:

    2. Do you have enough information to be sure of the requester’s identity?
    Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.

    http://www.ico.gov.uk/upload/documen...nformation.pdf

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  5. #5
    Basic Account Holder fastkam Novitiate

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    Default Re: Subject Access Request Template Letter

    I haven't got all the account number with Lloydsicon TSB. Do I need to quote specific account number to get a response?


  6. #6
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    Default Re: Subject Access Request Template Letter

    The obvious answer would be yes, but, as you do not say what the exact circumstances are, ie, are you in current communication with Lloydsicon, what kind of account you are talking about etc. it is difficult to answer.

    Every journey begins with a single step

    Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

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    The only person entitled to your Personal Finance details is a Judge not a DCA

    Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

    Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.
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  7. #7
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    Default Re: Subject Access Request Template Letter

    it helps to have the a/c numbers but the information you are requesting is about you as a person so your name & address + previous addresses should suffice.

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  8. #8
    Basic Account Holder fastkam Novitiate

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    Default Re: Subject Access Request Template Letter

    Thank you all for your replies and support.

    I am making Subject access requesticon to Lloydsicon TSB with regards to defaults on my credit profile. The credit expert report has a section of useful addresses and for Lloyds TSB it is:

    LLOYDS TSB BANK PLC
    CDR DATA QUALITY TEAM
    QUEENS ROAD QUADRANT
    1-5 QUEENS ROAD
    BRIGHTON
    BN1 3XJ

    Is this the address I write to with my Subject access requesticon marking it for the attention of the data controller or is there another address altogether?


  9. #9
    Basic Account Holder fastkam Novitiate

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    Default Re: Subject Access Request Template Letter

    I have found elsewhere on the forum that I should search the Information Commissioner's Office register for the correct address.

    http://www.consumeractiongroup.co.uk...t-details.html

    Information Commissioners - Data Protection Public Register

    For Lloyds TSB Bank PLC, I found:

    25 GRESHAM STREET
    LONDON
    EC2V 7HN


  10. #10
    Basic Account Holder Richy B Novitiate

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    Default Re: Subject Access Request Template Letter

    Quick question, when sending a Subject access requesticon should i send it to the original creditor or the solicitors currently pursuing legal action?


  11. #11
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    Default Re: Subject Access Request Template Letter

    The original creditor.

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  12. #12
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    Default Re: Subject Access Request Template Letter

    Send this to the solicitor if they have threatened or are pursuing legal action;

    Dear Sir,

    CPR 31.14 Request*

    On (date)I received the claim formicon in this case issued by you out of the (Name) county courticon. Case No.

    I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

    Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim:

    1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

    2. A full statement of account - itemising all interesticon & charges from the commencement of the alleged agreement to date

    You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the documents' authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

    Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

    In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.
    If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

    If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

    Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

    I do hope this will not be necessary and look forward to hearing from you.

    Yours Sincerely,


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  13. #13
    Basic Account Holder coledt Novitiate

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    Default Re: Subject Access Request Template Letter

    Quote Originally Posted by cerberusalert View Post
    There is no legal requirement for you to sign it. Here is what the ICOicon say about the matter;

    Data Protection Act Good Practice Notes:

    2. Do you have enough information to be sure of the requester’s identity?
    Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are.
    http://www.ico.gov.uk/upload/documen...nformation.pdf

    Hi I sent a Subject access requesticon off and said that I do not need to sign it. I received a letter from the company saying that I need to sign this as they need to ensure that I am who I say I am, even though they have sent bills a copy of the "original copy" contract, legal letters from the solicitors from the company and correspondence with them. They said they wait my reply.
    Doen anyone have any advise on what I can write to them? I really dont want to sign anything because this is what I trying to say to them. They dont have a signed agreement with me in the first place. Any help would be great thenks.


  14. #14
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    Default Re: Subject Access Request Template Letter

    Another way around it is to tell them you will pick it up from a local branch where you will prove your identity, in any event make a complaint to the ICOicon.

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  15. #15
    Basic Account Holder coledt Novitiate

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    Default Re: Subject Access Request Template Letter

    Quote Originally Posted by cerberusalert View Post
    Another way around it is to tell them you will pick it up from a local branch where you will prove your identity, in any event make a complaint to the ICOicon.

    Thank you for your advise. The problem is that I am in London and they are in Manchester. I was thinking of reminding them of the infomration that I have already been sent and that this should be enough to show who I am.


  16. #16
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    Default Re: Subject Access Request Template Letter

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  17. #17
    Basic Account Holder coledt Novitiate

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    Default Re: Subject Access Request Template Letter


    Thank you for advice. I have done this this afternoon and was informed that it does not appear that they are asking anything of me that is wrong, and that it is the companies decission to ask for appropriate ID deemed fit by the company. They only get involved if they are asking for too much ID.

    I really dont trust this company and Im worried that they will try to scan my signatureicon.


  18. #18
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    Default Re: Subject Access Request Template Letter

    Quote Originally Posted by coledt View Post
    Thank you for advice. I have done this this afternoon and was informed that it does not appear that they are asking anything of me that is wrong, and that it is the companies decission to ask for appropriate ID deemed fit by the company. They only get involved if they are asking for too much ID.

    I really dont trust this company and Im worried that they will try to scan my signatureicon.
    Do your signature but put 2 horizontal lines through it or similar so you can then see if it is tampered with.

    PT

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  19. #19
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    Default Re: Subject Access Request Template Letter

    can anyone just give me a straight forward SARicon letter without all this stuff about Creditors & so on.
    I'm just after an SARicon to get all old bank statements from many years ago. ie since i've had the account over 6years by far that's it
    thanks



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