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
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I requested my DPA stuff through the website 40 days ago; after about 2 weeks they sent a message saying 'yr DPA request has been actioned and posted' ... silly old me, I assumed this meant they'd actually sent my data, without the tenner. After a gentle reminder, they said that they meant they'd sent the form requesting ID etc. They've claimed to have sent this on two dates, but I've had nothing. This seems like a masterful delaying tactic; I almost admire their skills - in theory they could do this forever. I asked them to simply tell me what they need and where to send it, but this 'isn't part of the process' they say, so no dice. Bravo and touche! I'm getting sick of their faffery, so I'm going to send the ten squid to:
Jenny Gordon
Data Protection Manager Egg PLC
1 Waterhouse Square
138 – 142 Holborn
London
EC1N 2NA
Does anyone know what they ask for as ID? Is it one statement/utility, from the last three months? Does it have to be original?
I'm going to complain to the ICO about this, as it has gone beyond a yolk (sorry). Looking forward to them cracking and shelling out (even more sorry...)
I sent them a photocopy of my driving licence enlarged to about twice the size so they could see my lovely signature, address and grinning face!
I also sent it to Jenny Gordon at the above address some time last week but as yet they've not cashed the cheque.
PLEASE sign this petition to reduce amount of time CRAs hold your data
http://petitions.number10.gov.uk/CreditRA
I sent them one of my utility bills and just added a line to that effect to the end of the SAR letter so they couldn't say they didn't get the bill with the letter.
Doesn't make the slightest difference to them getting the data back to you in time - still waiting for about 6 months worth of missing paperwork...
HALIFAX 30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95 HALIFAX 2nd claim 5th Mar - 16th Apr - Success in claiming £176
EGG (3 accounts)
20th Jan 07 - SAR posted
17th Mar 07 - Paperwork received - bits missing
19th Mar - Non-compliance for missing bits posted
9th Apr - ICO complaint filed
BARCLAYCARD
20th Jan 07 - SAR posted
21st Mar - Statements received
23rd Mar - Prelim posted
31st Mar - Offer for £30 rec'd
10th Apr - LBA sent
I've been in a protracted e-mail exchange with Egg for 2 months trying to get a DPA request sent out through the website without further ID requests etc. I complained to the ICO last week, and have now received a message from Egg (at the bottom of this post) saying they have changed their policy. I'm not sure if it has anything to do with the complaint but it's a surprising volte face after all the bloody-minded nonsense they've been spouting for so long.
I've included the last few messages of a series that began in early February for your amusement.
Mar 2007
Dear Mr Bump
Thanks for your message
Egg does not believe that the terms and conditions of the Agreement are in any way unlawful or unfair. Egg recognises that customers sometimes exceed their Credit Limits and/or fail to make a payment and has systems and processes in place to deal with this. These include the use of computer systems, staff and other necessary costs.
The charges set out in condition 7 of the Agreement are calculated by taking into account the costs incurred by Egg in maintaining these systems and processes and dividing this sum by the estimated number of customers who will exceed their Credit Limits or fail to make payments. These charges therefore represent a genuine pre-estimate of the loss caused to Egg by customers who break the terms of their Agreement.
Your Data Subject Information Request(DSIR) has been actioned and posted.
If you require anything else then please do not hesitate to contact us
Regards
Humpty Dumpty
Internet Customer Services
Apr 2007
Dear Mr Humpty,
I wonder if you could give me an update as to the progress of the DPA request 'actioned' on March xx. I've received nothing as yet, and the deadline expires soon.
Many thanks,
MrBump
Apr 2007
Dear MrBump
We sent a Data Subject Information Request form (DSIR) to you on xx March 2007.
We charge £10 for processing a Data Subject Information Request and we also request identification documents in order to verify your details.
As soon as we have received your payment and identification document we'll be able to start processing your request.
You'll receive your information within 40 calendar days of us receiving those details.
Thanks for your message
Regards
Humpty Dumpty
Apr 2007
Humpster,
I took your message saying 'Your Data Subject Information Request (DSIR) has been actioned and posted' to mean that you had actioned my request and posted my data. I have received no correspondence from you regarding this matter, despite you claiming to have sent me a letter relating to this on xx February 2007. I find it ridiculous that you require any further identification from me since I am communicating with you through your own secure messaging system and asking you to post my data to the same address to which you happily send cards and correspondence. I take a dim view of your blatant attempts to prevent me obtaining my data and would remind you that you are legally obliged to provide it to me. As you seem unwilling to provide my data I will be contacting the Information Commisioners office for advice on your conduct. Since you seem unable to trust your own systems, or of actually posting a letter to me, perhaps you could suggest another way of verifying who I am. Be aware that I will not allow you to stretch this out ad infinitum.
Yours Sincerely,
MrBump
Apr 2007
My Dearest MrBump,
We do need the required identification documents that were requested in the letter you received, without these we're unable to send out a Data Subject Information Request.
We're unable to verify you in any other way.
As soon as we have received your payment and identification document we'll start processing your request and you'll get your information within 40 days of us receiving those documents.
Thanks for your message and if you need to know anything else please just ask, I'm here to help.
Regards
Humpty
Apr 2007
My Dear Humpty,
Thank you for getting back to me, but I wonder if you actually read my message? As I clearly said: 'I have received no correspondence from you regarding this matter'. I have twice been told that you have sent me something, but, I repeat, I have received no correspondence from you regarding this matter. You have claimed to have sent me a Data Subject Information Request form (DSIR) on xx February 2007 and again on xx March 2007. I have had no such letters. I have been trying to access my data for several weeks, and this is simply unacceptable. Can you just tell me what it is you require, and where to send it. I am not prepared for you to simply tell me you have posted something for months on end.
Yours Sincerely,
MrBump
Apr 2007
Darling,
I'm sorry that you've not yet received the correspondence we've sent out regarding the Data Subject Information Request. I've arranged for this to be sent out again and you'll receive it to the following address;
MrBump Esq
Bump Towers
Hackney
I'm unable to provide you with where to provide the identification to directly as this isn't part of the process, however you can rest assured that everything will be with you shortly.
Thanks for your message, If you need anything further in the meantime let me know.
Regards
Humpty
Apr 2007
Dearest Humpty,
I am surprised that you are 'unable to provide you with where to provide the identification to directly as this isn't part of the process'; surely the address is 'part of the process' - it would be rather difficult for me to send anything to you without it. I will not rest assured that everything will be with me shortly as it has now been 38 days since I asked for this information and despite repeated assurances that you would send me something I have received nothing. While you may not be breaking the Data Protection Act directly, I'm sure the Information Commissioner will take a dim view of these delaying tactics.
As I said in my message sent earlier this morning, I am surprised you are requesting ID since my address remains the same as that you have on file.
However, I am sure you will accept this email -- through your own secure messaging system -- as confirmation of my identity. After all, unless I am who I claim to be, I would not be able to answer the security questions, would I? If you do not consider your messaging system/website sufficiently secure, perhaps you would let me know in writing.
Despite your unwillingness to provide me with an address, I will assume that the following, found on the internet, is correct:
Jenny Gordon
Data Protection Manager
Egg PLC
1 Waterhouse Square
138-142 Holborn
London
EC1N 2NA
I will send the £10 fee to this address today. I look forward to receiving the requested information, and will then proceed with a request for full refund of all penalty charges, and the DPA fee.
Alternatively, to avoid wasting court time, I would again suggest that you refund these charges immediately, saving yourself additional expense and costs.
Yours sincerely,
MrBump
Apr 2007
My Dear Bumpy,
I'm sorry you feel this way.
However you need to send the £10.00 cheque to the address given on the Data Subject Information Request form which has been sent to you on xx April 2007 as you haven't received the form issued previously.
I'm unable to accept your secure message as confirmation on your identity for this data request.
If you'd like to make a formal complaint, please write to our Customer Relations Office at the address below:
Customer Relations Office
Egg
Pride Park
Riverside Road
Derby
DE99 3GG
Once they've received your complaint, they'll respond to you, within five business days from receipt of your complaint, by phone, post or e-mail.
Thanks for your message.
Regards
Humpty
Apr 2007
Dear Humpty,
Third time lucky, perhaps. I won't hold my breath.
MrBump
Apr 2007
Dear Bump
Thanks for your message.
If you've any further queries please feel free to contact me again.
Regards
Humpty
Internet Customer Services
Apr 2007
Dear Humpers,
Thanks for your message. Please can you explain why you will discuss my account with me through your 'secure' messaging system, allow me to apply for credit on the system, and post credit cards to the address that you have on file for me, but will not post me my statements to the same address when I ask for them through the website? I am very concerned that you are seeking further identification from me than that which you already have and will not accept my online requests, as it strongly implies that you feel that your website is not sufficiently secure to handle such data. Can you confirm that the website and messaging system should not be trusted with handling personal financial information? Since you do not trust the Egg system I wonder if in future I should communicate with you solely through the postal system to avoid compromising my data? Please advise.
Yours sincerely,
MrBump
Apr 2007
Dear Bump
I'm sorry for any inconvenience caused.
Previously, a secure message was not one of our accepted proofs of ID for this type of request. However, to improve the speed and efficiency of this for our customers we now accept secure messages as proof of ID when making a data subject information request.
I've passed your details on to the team that will process your data subject information request to let them know you've sent the secure message to us, they'll contact you shortly.
I can assure you that our website is both safe and secure. More information can be found on the 'Security and privacy' section of our website, which can be viewed by copying the following link into your web browser:
new.egg.com/visitor/0,,3_89058--View_1948,00.html
Thanks for your message.
Regards
Humpty
Victory at last! (Although I'm still not going to hold my breath...)
I'm glad that you have amended your illogical ID request policy, but I've now been trying to obtain my information for 44 days and am no closer to doing so. I have still not heard anything from you regarding my data subject information request. Please can you update me as a matter of urgency.
Bumpy
...I heard nothing for ages, until today, when I got this:
Dear Bump,I work on the Data Subject Information Request Team and I have taken ownership of your case. I am writing to advise you that your request is being treated as high priority. We will endeavour to process your request within the next 7 working days.Should you have any further questions regarding this, please do not hesitate to contact me.
Regards
Mr Eggy
Account Servicing, DSIR Team
Egg
Not good enough ... I've now been waiting far too long. Off come the gloves:
Dear Mr Eggy,
As you will be aware I have been trying to obtain my data since February. I believe that Egg has breached the Data Protection Act in preventing me from accessing my data. There are eight Data Protection Principles ('the Principles') in the Act, sometimes referred to as the Principles of 'good information handling' which data controllers are required to comply with.I believe that Egg has contravened the sixth data protection principle of the Data Protection Act 1998. The rights to subject access under sections 7 to 9 of the Act fall within this principle, which states, 'personal data shall be processed in accordance with the rights of data subjects under this Act.'As a result I have registered a complaint with the Information Commissioner, who is currently investigating this case. You should be aware that your data controller is personally responsible under law for breaches of the Act. If I am forced to pursue this matter through the courts there is a real possibility that the judge will impose a threat of imprisonment for non-compliance. I recommend that you deal with my request as a matter of utmost urgency.
Yrs,Angry Bump
And within 4 hours I got this back:
Dear Angry Bump
Your Data Subject Information Request has been dispatched via recorded delivery today.
Regards
Ms Eggy
Account Servicing
Egg
Amazing what the threat of pokey can achieve... Dare I hope to actually get something? Fingers crossed.
Do you know what? I've been reading everyones threads about Egg & I never ever got asked for ID from them & I never sent any with my first letter. They must know not to mess with me!!! LOL