Thread: Argh!!

HI Elky - What a ****ty thing for them to do - if I were you I would start the process off right now, that way you may get some money in time for xmas - I hate Barclaycard - they paid half of my charges straight away and have now left it until the last minute of my MCOL to file a defence - they are so annoying!!!

Elky, why have you sent your payslips? You shouldn't provide any information you don't have to. If you have charges in the past, request a copy of all statements over the last 3 years, else issue an SAR (Subject access request) see site templates. Start the recovery of your charges straight away, don't expect a sympathetic ear, you won't get one.

Yes Turbo, but Elky has only had problems over the last year. Under the DPA, your request may go back indefinitely, although where the bank can show a disproportionate effort, charges over and above the £10.00 DPA fee may be required. In the case of a mortgage or ongoing account, records must be kept for the term of the contract. The further you go back, the longer it takes to obtain the info. But, point taken, Elky, if you think there may have been charges going back to the six years try the following request.

Name
Address 1
Address 2
Town City
Postcode

Data Protection Officer
Company
Add1
Add2
Postcode



Your Ref:
11th November 2006


Dear Mr Contact,

Re: Subject access request, Data Protection Act 1984 / 1998 Former Addresses [Addresses over last 6 years]. Current Address as above.


I understand that you currently hold details of my personal and financial information within your internal record systems.

I would be grateful if you would provide the following: -

• Full copies of all contracts which you believe exist between myself and your organisation, including copies of any documents you hold in support of same.

• Details of the identity of any individuals or organisations who have provided you with my personal information together with copies of any letters of instruction provided by them, or any contracts entered into between yourselves and the third party, and the relevant dates to which those contracts related.

• Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

• Full details and copies of any documents upon which you relied when you have provided my personal or financial information to any individual, organisation or third party.

• Full copies or transcripts of any computer logs or database records kept in relation to myself or in relation to my financial or personal information.

• Full copies of any correspondence in postal, email or any other format which you have entered into with any individual, organisation or third party which contains my personal or financial information, or which pertains to myself.

• Details of all systems you currently have in place to ensure my personal or financial information is kept securely, including details of those officers who currently have control of same, and at the time it was held or provided to a third party.

• Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a decleration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

• Full hard copy print outs of any of my personal or financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

• Your registration number with the Information Commissioners Office.

• Your Consumer Credit License number.

Where reference to emails is given above, these emails should be taken from your email servers or backups / archives held in a magnetic or digital format. These emails may not be present on a user’s local system, and may require the assistance of your IT department / IT providers, who you should contact immediately for their provision.

Please confirm whether you hold a physical file with details of my personal and / or financial information. If so, please provide details and dates of any instance when this file has left your control, to whom it has been communicated, the method of transportation / communication e.g. Royal Mail, courier, by hand, electronically. Please provide a full copy of this file Where my physical file has left your offices, please provide details of any precautions taken to ensure that my information has not been lost, stolen, misplaced or made available to anybody who does not have authorised access, including those who would use my information for the purposes of identity theft, or registered with any credit agencies. Please also confirm whether any of the documents held within the physical file are computer generated.

Under S.40 of The Administration of Justice Act 1970, if you believe you have provided my information to any organisation, agent, or individual who could, or may have used it for unlawful purposes, you should contact me immediately, and provide full details of their identification and address, together with full details of any instructions you have provided to them. If you have forwarded or communicated my personal or financial information to any person, company, or organisation, please provide a copy of the authority, signed and dated by myself upon which you have relied prior to doing so. As requested above, you should provide copies on any such communications.

Under the Data Protection Act 1984 / 1998, as a Data Controller, you are responsible for the complete retraction of all information provided to any third party, should I request you to do so, and have a duty to myself to ensure that any personal or financial information I have provided to you is kept securely, and is only communicated to those to whom I have given my express permission / authority.

I enclose a cheque / postal order in the sum of £10 to cover your fee.If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection. If you do not provide the information requested within the given time limits under current Law, a complaint will be registered with the Information Commissioners Office and the Office of Fair Trading.

I look forward to hearing from you in the first instance.


Yours sincerely,

I'm curious as to why you want all this info Elky?

It might be useful but on the other hand there is a simple straight forward template in the library which requests the data you need to reclaim your charges.

The above template seems designed to ask for every bit of paper the organisation holds on you and is IMHO pointless waste of your time, after all when you get several box loads of paper, assuming you actually get it, what are you going to do with it?

Whilst you might be entitled to the data,why would you be asking for everything they hold?

JMHO

Glenn

PS TT why did you write this particular SAR?

Apologies Elky - this was a bit OTT!

Glenn, I put this together over a period of time when I started digging against Birmingham Mid. they deliberately withheld information, claiming I had no right to it. This was a mortgage account.

Don't want to hijack this thread. Please PM for more details.