Subject Access Request - Proof of ID required

[joski34]

Thats what I was thinking...Im just thinking of what would be my next response to them? Im just going around in circles!!

[cerberusalert]

Ok so Ive heard nothing back from the letter Ive sent above but Ive had a response from them today regarding the Subject Access Request..I dont have a scanner so here goes:

 

Wait for their reply to your last letter. If Wescot have passed it back to them it just goes to show that there is no milage to be made out of it, even for the most tenacious DCA.

 

I don't think it'll be long before you hear the last gasps of a dying claim.

[blind-as-a-bat]

did your CCA reply look like this?

 

 

 

Did they write the right account number in?

[joski34]

Yes exactly like that with hand written details, also on the back in states something about the CCA 2004...cant be a true copy because the said account was opened in 2001!!

[blind-as-a-bat]

It was post 2005 actually if im right, The missing payments bit in the middle did not come into force until may 2005 if im reading the Consumer Credit (Agreements) Regulations 1983 right, just trying to get that confirmed for another problem of mine, as its the exact wording proving this was not the agreemant in force when our accounts where alledged to be opened.

 

Mine has nothing on the back, does yours mention anything about data and how they use it, and agreement for them to record info with third parties?

Edited December 31, 2008 by blind-as-a-bat

[joski34]

Nope just checked it and there is nothing like that on the back.So what would you do next..I want to take it all the way but im worried that my lack of knowledge on the law will show!...

[joski34]

Ive been right through the SAR stuff and there is no reference to a default notice either...just a breakdown of the account, charges etc

[blind-as-a-bat]

You have to have something to default on to get a default notice, speaks volumes the fact they have not sent one doesnt it, could it be they cant find something to base a default notice on by any chance:p

 

And as you never consented to sharing info with third parties any record sent to a CRA is questionable both on the point of a lack of an agreement to be in any sort of default of and consent of sharing that info

 

 

And as for claiming a TV add would contain the info, have you ever seen an add with any mention of how the company will use your data in it? no? niether have I:D

[joski34]

Should I write to them again? What should I ask them for?

 

Thanks for your ongoing help by the way

[blind-as-a-bat]

Lets see what responce you get to your section 10 letter, im not expecting them to back down, but am intrested to see what they come back with, then we can pull there argument apart using there own agreemant, or should that be lack of it;)

 

Of course im sure reliable,s threat machine will start up again now, but wescot sent it back to them for a reason, because they couldnt enforce it:p

 

I will be honest im egnoring them now myself, have more pressing issues, but if they follow the same pattern they have with me if you give them time they will dig a big hole for themselves:D

[joski34]

Cool Il wait for their reply...il let you know what they come back with.

[joski34]

Hi Blind as a Bat,

 

Well I have had no response from them regarding the section 10..I sent it to the same address as always and ive checked on royal mail and there is no signature available..so it hasnt been signed for..should I send a repeat to their head office ?

[blind-as-a-bat]

Hi Blind as a Bat,

 

Well I have had no response from them regarding the section 10..I sent it to the same address as always and ive checked on royal mail and there is no signature available..so it hasnt been signed for..should I send a repeat to their head office ?

Does it say it is deliverd? to me thats good enough, the sig is just an added bonus;)

[joski34]

Nope it says that something like "no signature available for this item, signatures are only available after the item has been delivered please try again in a few days" so looks like it hasnt been delivered??

[joski34]

Bumping for BaaB

[joski34]

Bumpety Bump for Blind as a Bat

[joski34]

Hi BAAB, Well I never heard anything back from Reliable so I sent the section 10 again to JDW head office...they signed for it on the 2nd Feb..Ive also had an alert from experian to say that JDW have searched my credit file on the 4th?? so why are they searching my credit file? any ideas?

 

Thanks for all your help Joski

[deepdebt]

Hi joski34.

 

How did you get an alert from Experian, do you pay a subscription or something?

[blind-as-a-bat]

Hi BAAB, Well I never heard anything back from Reliable so I sent the section 10 again to JDW head office...they signed for it on the 2nd Feb..Ive also had an alert from experian to say that JDW have searched my credit file on the 4th?? so why are they searching my credit file? any ideas?

 

Thanks for all your help Joski

 

Reliable would either have totaly egnored it or forwarded it to head office for there 'Solicitor' to deal with anyway, if they followed what they did with mine.

 

They must however reply within 21 days, if not you can report them, to the ICO i believe, not sure how much good that will do though.

 

As for the search, my guess is they where looking to see who else you where not paying, or your payment history with other lenders, or seeing what JD themselves have recorded so far on your file, not sure what they may do with that info, but it sounds like an abuse of your credit file to me.

 

I would keep an eye open for any changes

[joski34]

Yeah I will...they think they can just do what they want Im sick of them now...should I contact Experian and complain to them? Saying that I have seen posts on here and Experian seem to send generic letters...Il wait until I hear back from JD and Il scan it up and see what they have to say...Im sure I have only given them 12 days to reply though!! is it 21?

[joski34]

Ive sent an email to the CRA advising them that I have not given any permission to search my credit file Il see what they say..

 

On another note I have looked through the SAR stuff they sent me and there is no default notice...should I write back and ask them for this?

 

Thanks Joanne

[version302003]

Hi joski, though this might intertest you, it related to adverts made in 2002 and 2004.

 

Television Advertising Complaints Reports

 

Television Advertising Complaints Reports

 

 

on both occasions they found the adverts were found misleading as they didnot contain a credit check was needed. They still do this on their adverts

[joski34]

Great thanks for this its very interesting!!

[remote]

please help me i am new to this forum, does anyone know where i can find a template for a subject to access request

[cerberusalert]

please help me i am new to this forum, does anyone know where i can find a template for a subject to access request

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period 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 formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

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 this account 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 third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

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.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be lifted