Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
It's from the CAG library more or less and is similar to what you sent but is not too specific about any one aspect.
In a perfect world a SAR should give you all of the data that the recipient holds on you,but sadly it's not a perfect world and the Banks and other financial institutions are a million miles away from any degree of perfection.
ACCOUNT NUMBERS:
xxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxx x
Please supply me with all transactions and charges and all other data relating to my credit card and banking history with your organisation. This includes in particular, but is not limited to, the following:-
1. The original signed, executed credit agreements and any terms and conditions that applied to any of these account at the time of any default and at the time that these accounts were opened.
2. Dated and notated transcripts of all telephone conversations recorded, and of all notes made in relation to telephone conversations participated in by your company, or by any other interested party when dealing with my accounts
3. Where there has been any event in any of my accounts histories since they were opened 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.
[If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.]
4. True copies of any notice of assignment and/or default notice or enforcement notice that you or any companies acting with your authority and on your behalf have sent me, together with a true copy of any proof of postage or delivery that you hold.
5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, and the date it was added.
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 these accounts 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 any third party agencies to which you have disclosed my personal data and a summary of the nature of the information you have so disclosed and for what reason.
10. Copies of statements for the entire duration from inception of the credit cards and likewise for the bank account and details of any and all variations to the terms and conditions made applicable to any of these accounts during their existence.
In summary I require a full disclosure of all the personal data that your company holds on me including and not limited to:-
All account information, loan information, contracts, agreements, notes, screenshots, internal correspondence, telephone recordings and any related notes or transcripts, wherever held within the group regardless of the media, form or format in which it is held.
I enclose the statutory maximum fee of £10 by Postal Order No.xxxxxxxxx.
You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 DPA Subject access request fee.
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.
I would be happy to collect the Data resulting from this S.A.R. from my local branch of your organisation.
You can be specific with what data you request although the Subject access request is really asking for everything. The Statutory fee is £10.00 Postal Order is fine but keep the details of the number for future reference. The post office will be able to confirm when it was encashed (just call 01246 542091 they will even send written confirmation if you request it) Send all correspondence by at least recorded to be signed for so you can track delivery through Royal Mail
You should request the following documents:
A true copy of your Consumer Credit Agreement with the terms and conditions that were applicable at the time you took the loan/card/mortgage.
Copies of all statements applicable to the loan/card/mortgage.
Copies of all correspondence that apply to you as a data subject ie letters, emails, faxes etc.
Copies of all recorded telephone calls or transcripts of the recordings.
Copies of any notes made by bank/loan company staff in their dealings with you as a data subject.
Do not be fobbed off by them citing issues such as relevant filing systems.
If they have any records/data on you as a data subject and it is held under your name, address, post code, account number/s or any other system where the data is identifiable to you then it is a relevant filing system. Even if it is a specific serial number on microfiche records and the serial number is applicable to you.
For legal issues relating to Data Protection check this link...Lots of very useful info in understandable terms. Data Protection | OUT-LAW.COM
it includes the following and much much more Negotiating with the Data Subject (This should be important to Banks)
At this stage, it is advisable to negotiate with the data subject. The location information the data subject will have already given will give a clue as to what it is the data subject really wants to have information about. The benefit of the Data Protection Act 1998 is that it allows data controllers to negotiate with data subjects to get the data subject to specify the exact information he or she wishes to receive.
The data controller is entitled to ask for a fee of £10 and two further pieces of information. Firstly, the data controller must satisfy himself that the person making the request is, in fact, the data subject. The use of a Subject access request form is advised, since the greatest breach of a data controller's security is for the data controller to satisfy a subject access request made by a person impersonating the data subject. The use of the form goes towards proving that the data controller has adequate identification and verification procedures in place. Secondly, the data controller is entitled to ask the data subject for further information to enable the data controller to locate the information which that person seeks.
When the last of these three pieces of information has been obtained, the forty day period starts to run. It is advisable to put procedures in place to ensure that the receipt of the request and the further information is correctly dated so that an organisation knows how long it has to satisfy the subject access request.
However, if the data subject is adamant that he or she wishes to receive a copy of everything the data controller holds on him or her, then there is very little the data controller can do about this, and a completely exhaustive search of the computerised and manually held data in the organisation will be required. (nice to know what you see in the Act is what you get)
Search the forum and the information is generally available.
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I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner. ------------------------------------------------
Bank charge successes:
Halifax - Full settlement incl interest.
HSBC - Settlement, goodwill no admission of liability about 75% of claim.
RBS - Settlement, goodwill no admission of liability about 70% of claim.
2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did
PPI Successes
PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.
2 claims settled in full with LV without FOS involvement.
2 claims settled in full with HSBC without FOS involvement
PPI Claims ongoing with:
Cap one Now with the FOS
Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.
LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc
Please do not PM me for advice as it may be sometime before I can respond.
Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.
MM versus Halifax
for the SAR
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