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
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    Default SAR Request

    Sorry if i have posted this in wrong section. Just a quick question.

    If i send a SARicon to a credit card company, should they send the original agreement or do i have to send a CCA Requesticon also?


  2. #2
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    Default Re: SAR Request

    There is much argument about this I recently asked the ICOicon for a definitive
    answer to this and there is not one.
    It depends on the view of the data controller as
    to what is personal dataicon, the can supply, they
    may not supply it and may direct you sect 77/78 of CCA 1974.
    I suggest doing both.

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  3. #3
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    Default Re: SAR Request

    Ok Thanks
    I should of mentioned that this is now with a DCAicon, but after reading some threads it seems if you send a CCA to the DCA ( lol i think there could be a song there) they usualy write back saying they will ask the originator for it.

    Do you think its better to send the CCA to the credit company or the DCA?


  4. #4
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    Default Re: SAR Request

    Always the CCA goes to the DCAicon, the SARicon to the original creditor,
    when debts are sold it is with the minimum of data so if the agreement
    has not been included then they must pass the request on.

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  5. #5
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    Default Re: SAR Request

    Thank You Brigadier
    As usual you have been a great help.


  6. #6
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    Default Re: SAR Request

    Hi again
    Need some help again.

    I have been looking for an address to send my SARicon to, the credit card was with MARBLES. Does anyone know the address to send the SARicon or point me in the right direction please?


  7. #7
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    Default Re: SAR Request

    my view is that an original agreement would be personal dataicon as defined as ordinarily it would be a document in a relevant filing system etc with a persons name/address etc on it, ie identifiable+related. as the ICO say themselves; post #193 here http://www.consumeractiongroup.c o.uk/forum/showthread.php?305755-Robinson-Way-\-Harwich-Farrelly-issue&p=3586658#post35866 58
    personal_data_flowchart_v 1_with_preface001.pdf
    ironically, a CCA Requesticon does not now require that an actual copy of an original agreement be provided even if there is one (whereas a SARicon would!). a reconstitution would suffice provided it is accurate. (although it would seem unreasonable under a CCA Requesticon not to send an actual copy if they have one. and they usually do if there is one. and under a sar there would not be the same effect following non compliance) but, yes one should be sent if there is one.

    IMO
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  8. #8
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    Default Re: SAR Request

    The ICOs reply for a ''definitive'' answer was basically there is not one.

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  9. #9
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    Default Re: SAR Request

    So would a SARicon to a DCAicon only be of use to show harassment/dates/ownership/who sold to them?
    Or are there any other uses?
    Would I also be right in saying given the nature of DCAs they would be very economic with details in their reply?


  10. #10
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    Default Re: SAR Request

    Generally a total waste of time.

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  11. #11
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    Default Re: SAR Request

    thanks


  12. #12
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    Default Re: SAR Request

    Quote Originally Posted by BRIGADIER2JCS View Post
    The ICOs reply for a ''definitive'' answer was basically there is not one.
    yes, you said.

    seems clear to me that it would be p data, following the ICOicon's own technical guidance/flow chart re 'personal dataicon' linked above. (of course, if a particular original 'agreement' is not 'identifiable' eg (which is unlikely), then it would not be data as defined subject to a SARicon! not much odds though, as if there is one it will usually be sent at some point in either case)

    IMO
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