Mrs Sharpman V Littlewoods

[SharpmanTF1]

GM

Below is the link to the Information Commissioners Office information on data protection issues.

Data Protection Act documentation - Information Commissioners Office

 

Below is the information i refered to in my last post. relevant point is highlighted

 

SAR Coded entries highlite .pdf

 

Hope this helps

 

Sharpman

[The GodMother]

yeah it kinda does it just iam having a issue ATM re a SAR and studio cards.

 

They havecredited the money to my account and sent trading statement.

[SharpmanTF1]

Then, I think they haven't realy complied with what a S.A.R - (Subject Access Request).

 

 

Taken from 'DATA PROTECTION ACT - SUBJECT ACCESS - A GUIDE FOR DATA SUBJECTS - Pamphlet No2'

From the Information Commisioners website -

 

Data Protection Act documentation - ICO

 

 

WHAT WILL BE SENT TO ME?

You are entitled to be told IF any personal

data are held about you AND, if so:

• to be given a description of the data;

• to be told for what purposes the data are

processed; and

• to be told the recipients or the classes of

recipients to whom the data may have

been disclosed.

This information should include what sort of

data are held, the purposes for which the

data are processed and the type of

organisation or people to whom the data

may be disclosed.

You are also entitled:

• to be given a copy of the information with

any unintelligible terms explained;

• to be given any information available to the

data controller about the source of the data;

• to be given an explanation as to how any

automated decisions taken about you have

been made; and

• if you have specifically requested it, the

logic involved in any automated decisions.

The data controller has an obligation to

provide the information in permanent form.

This means that the information may be

sent as a computer print out, in a letter or

on a form unless the supply of such a copy is

not possible, would involve disproportionate

effort, or you agree otherwise.

It will be a question of fact in each case as to

whether the supply of information in permanent

form amounts to “disproportionate effort”.

 

Send the a Letter stating that the information you requested is still lacking.

 

They have to give reasons why information has not been supplied except in certain circumstances, which is covered in that pdf I linked.

 

IS THE DATA CONTROLLER ENTITLED TO WITHHOLD ANY INFORMATION?

There are circumstances where a data

controller may find that, in complying with a

subject access request, information will be

disclosed relating to an individual other than

a data subject. Unless that individual

consents to the disclosure of the

information or it is reasonable in all the

circumstances to comply with the request

without the consent of the other individual,

the data controller is entitled to withhold the

information from the data subject.

There are other circumstances in which a

data controller may withhold information

from a data subject which are set out in the

Act, details of which may be found under the

heading “your information rights” of the

Commissioner’s website

Information Commissioner's Office - ICO

or in the Legal Guidance which is also available

on the website. These publications are also

available from the Commissioner’s Office.

 

They have 40 days from the day the recieved payment and the request.

 

WHAT CAN I DO IF THE DATA CONTROLLER DOES NOT COMPLY WITH MY SUBJECT

ACCESS REQUEST?

If the data controller fails to respond to your

request within 40 days, or fails to respond

to your satisfaction, and you have sent all

the information required to the data

controller to enable him to deal with your

request, including the fee, you should send

the data controller a reminder by recorded

delivery, keeping a copy of your letter.

If you still do not receive a reply fairly quickly

or if you think that the information you

receive is wrong or incomplete you may:

• ask the Commissioner to carry out an

assessment as to whether it is likely or

unlikely that the data controller is

processing your personal data in

compliance with the terms of the Act;

• pursue the matter yourself through the

court. For information as to how to do

this please refer to the leaflet called

“Taking a case to court”.

An assessment will inform you as to whether

the matters that concern you are likely to

involve a breach of the Act and may help you

in making a decision as to whether to take

legal action against a data controller under

the Act. However, an assessment from the

Commissioner is not necessary to take a

case to court.

 

WHAT ORDERS CAN THE COURT MAKE?

If a court is satisfied that a data controller

has failed to comply with a subject access

request contrary to the provisions of the

Act, the court may order him to comply with

such a request. The court also has the

power to award compensation.

 

Hope this helps

 

Sharpman

[SharpmanTF1]

Send them a letter, attach the original SAR, inform them that they haven't complied.

 

Add this little sentence in your letter:

 

If you do not normally handle these

requests for your organisation, please

pass this letter to your Data Protection

Officer or another appropriate officer

 

That should, well in an ideal world, prompt a better response.

 

They have 40 days from the original request so clock is ticking.

 

Sharpman.

[The GodMother]

Thanks.

 

I am rewording the letter as we speak.

[SharpmanTF1]

Finaly got confirmation from RM that the SAR I sent was signed for on 8th Sept, The PO was cashed on 19th sept.

 

Clocks ticking, no correspondance from Littlewoods yet.

 

Sharpman

[The GodMother]

well i sent both my littlewoods SARs in exactly 40 days ago. trust me they like to play it close to the line as this morning just b4 i was about to adjust the letters to hurry them up a thud came threw the door which was a package from littlewoods containing full details of both S.A.R - (Subject Access Request) requests.

 

There 40 days was up today so u may wanna wait a bit patient the original request was made on the 21st August.

 

You will need a translator for some of it and will need to be able to read threw account numbers and details.

 

Also they will send u a list of abbreviations which will only contain some of them.

 

Hope this has been some help.

 

GM

[SharpmanTF1]

Ok, thanks gm

 

I'll dig out the cipher in anticipation.

 

Sharpman

[SharpmanTF1]

GM,

an off topic question. its concerning user signatures.

I notice, as yours does that there are some users that have signatures at the end of a post.

 

I've ticked the box to display my signature, but it doesn't seem to work. Mind you on the odd occasion it does appear, strange, and i can't figure out what i've done different in those particular posts.

 

Any ideas.

 

Sharpman

[The GodMother]

the reason is because we are not site team

 

the site team only has there signatures, if they have one, displayed on every post. Us normal ppl has them displayed on the odd one or two.

 

Hope this helps.

[SharpmanTF1]

Ok, thanks. just seems inconsistant.

 

 

sharpman

[pt2537]

as GM said, only the Site teams posts carry their signature on every post,

[The GodMother]

it does but its the normal really.

 

GM.

[SharpmanTF1]

Update:

 

recieved the token:

 

......I am currently collating all of the information and will contact you again shortly......

 

letter.

 

This was recieved on 23rd sept. They have until 22Oct to complete.

 

sharpman

[The GodMother]

i never recieved that.

[mina2974]

subscribing

[SharpmanTF1]

i'm hoping it's a good sign that they can't provide the cca for one of the accounts that has been requested.

 

Sharpman

[SharpmanTF1]

welcome mina

[The GodMother]

No what they will do is post to u everything they have in there comps which means u will recieve statements etc.

[SharpmanTF1]

Update:

 

Recieved S.A.R - (Subject Access Request) .....ish

 

for the life of me I can't figure out how they've shown payments into the account.

 

Trying to figure out how much has actualy been payed to them.

 

Any one else had a S.A.R - (Subject Access Request) from littlewoods, if so did any one manage to decifer payments into account. There doesn't seem to be any order to the printouts.

 

Oh, and they've so kindly assigned the debt to phoenix recoveries the day they sent the S.A.R - (Subject Access Request) back.

 

strange that.

 

if Pt is in the vicinity could he pop his head round the door, need to ask a question about something mentioned previously on this thread.

 

Sharpman.

[The GodMother]

whatdo u need help with sharpman?

 

i can decifer the sar i got, just.

[SharpmanTF1]

Hi GM

 

A quick Q, They show extracare 500 of various figures. My O/H swears she didn't request this.

 

Now, I know for a fact they don't have the CCA for the account in question, because on the S.A.R - (Subject Access Request) they made a note of destruction when the bullied my o/h into converting it into a fixed sum credit agreement, sadly they can produce that.

 

Now, is it worth trying for a refund on all the extracare 500 entries as it almost comes to what is outstanding on the account.

 

I have an entry :

 

dd/mm pay -1774.35

 

Arrears -771.28

 

then in the comments and query details at the bottom of the sheet there is an entry

Date Class Eff Date Text

dd/mm/yyyy (same date as above) Age Same Date Incentive Scheme

Restriction Invoked on Transaction £1746.01 A991

dd/mm/yyyy SPPD Exceeds Maximum Permitted

 

That's one of many that I need some help with

 

Sharpman

[KER]

as GM said, only the Site teams posts carry their signature on every post,

 

 

 

And I can perfectly understand that as the site signatures are of issues that are relevant to the site - not just the usual crud that fills the teenybopper forums (note, this is not a teenybopper forum!!)

 

I actually find it a lot easier to read the threads without signatures all over the place

[The GodMother]

Morning Sharpman.

 

Yes you can ask for a refund of all the extracare500, thats there insurance policy for those who dont know, as if you cant say u were offered it and you cant say u agreed to it then they should not be charging it.

 

I know when ever i had a acc i was not offered it and as a result when i noticed it being charged on my acc, the first 6 mths were free acc to my sar, I claimed every penny back.

 

Now re the entry i have an idea that it might be that someone tried to charge a item of that amount to the account.

 

What does there codes book say for some of it.

[SharpmanTF1]

Hi GM,

 

well looked at the extracare 500 entries and it comes to about £589+ The charges added to account come to about £187+

 

Can I claim the interest as well? if so which interest rate would I use.

 

in the case of the Fixed loan agreement there is an APR of 29.9, would I use that for the fixed loan charges.?

 

In the case of the extracare entries what, if any, interest would be allowable.?

 

The figures without interest would wipe the slate clean with some change for a couple of cups of coffee.

 

With interest it would cover it and then almost the same again, depending on what interest is the norm.

 

your views appreciated.

 

Sharpman.