non-compliance of subject access request

[frettful38]

Hi, Hope everyone had a good xmas,

 

Please could anyone advise me on what to do next. I sent my bank a subject access request on the 10th Dec 08 and they wrote back to me on the 16th Dec 08 with the exact letter that I have posted below. They say they require my signature. In reply to their letter dated 16/12/08 I sent back a letter that I do not need to send my signature and all the information which I got off this site regarding signatures. But they again sent me exactly the same letter again and I do not know what to reply to this now. I think the 40 days expire on the 19th January 2009 from 10th December 08. Please could someone tell me what to do now, thanks in advance for any help.

 

http://i450.photobucket.com/albums/qq223/sophiak_bucket/CCF29122008_00000.jpg

[spamheed]

In that case write back to them stating that you will happily attend your local branch and prove your identity over the counter, but you have been advised on the matter and that you will not send sensitive documentation through the post as you are concerned with identity theft and potential misuse of your information

[frettful38]

Thank you for your prompt reply spamhead, will do that today:)

[blipvert]

there is also this:

 

http://http://www.consumerwiki.co.uk/index.php/Subject_Access_Request

 

I'm sure I've seen a thread on this site that quotes the actual piece of legisaltion that states a signature isn't required but i can't find it.

Personally, I dislike teh idea of striking a line throught it, half a dozen maybe..

[davey77]

Who is this account with Fretful.. and has it been passed to a DCA?

[davey77]

ah i see.. at the top of the letter HSBC!

[davey77]

When i had the same kind of response in the past what i have said is:

 

Dear Sir,

Further to your recent correspondence dated (**). I am afraid i am unable to supply you with any further information regarding my identity to enable my legal request for information to be fulfilled than has already been supplied previously.

 

The fact that you have been writing to the above address and to me by name requesting payment towards the above account has confirmed to me that you already have the correct details. This address and the occupier has been satisfactory to you in past communications therefore you have until the 19 Jan 2009 to supply me with the information i am entitled to otherwise i shall make a formal complaint to the Information Commissioners Office without further notice"

 

Amend as needed and if they don't comply the make then complaint to the Information Commissioners Office:

 

Information Commissioner's Office - Information Commissioners Office

[frettful38]

Thanks a lot davey77, I will have read tonight and send them a letter. They are not chasing me for any debt its just that I wanted to see what is actually in my subject access report, just in case may need it in the future, and with the way the economy and recession is going you never can be too sure can you. I also would like to know of how many charges I been charged too.

 

Thanks very much for all your help, take care, and have a happy new year.

[peppapig]

hi im in the same postion with hsbc since july ive now sent a letter to hsbc complaining that if i dont get my sar request i will send a formal complaint to fos as i have had advice from them to do this i hope this helps you

[frettful38]

Thanks very much peppapig, the information you have given has also been a great help, good luck with your case and lets hope we get some luck in 2009,

 

 

thanks again:)

[frettful38]

Recieved a letter today from HSBC saying that they would like mu husband to go to his local branch so that they can confirm his identity as the signature he sent before did not match with theirs. So we will have to go to our local branch before they send us any subject access request , what a waste of time hey, they are playing hard to get, but lets see what happens,

 

Do we have to go to the branch to prove identity or should we just reply saying that the deadline of 40 days expires on ....... and will not go to the branch for this uneccessary waste of time.

 

Please advise wether it is best to go or write to them saying something else,

 

Thanks everyone

[davey77]

If you are not being chassed for the debt then it is less urgent although personally i would be aggrieved to be asked to visit the Branch (after i had been writing to them and they know my details and address etc) but if he is happy to do that then it's fine I'm sure. (If it's easy for you to do. If it's at all difficult or inconvenient then they will just have to lump it.)

 

A creditor does has a duty to take reasonable steps to ensure the person they are giving the data to is the right person but be aware that they may be trying to get him in person for some other reason (although i can't think what, maybe they just want to give him a loan eh!) and you are under no obligation to play it there way if you don't want to. They cause any problems or start asking dumb questions then walk.

 

Others may have some thoughts on this ....

 

I'm very suspicious by nature (probably overly so these days).

[davey77]

p.s Hows Abingdon? I lived at Faringdon/Wantage once

[frettful38]

Thanks guys for the advice I think we will not go and wait for the 40 days to expire then carry on with the next step of the non-compliance of S.A.R, because why should we have to go out of our way to prove who we are, like it says they are quite happy to send us statements and letters without asking for any I.D so why now. Anyway they didn't send this letter recorded delivery so guess I could say we didn't receive it , and just go ahead with the next stage. Probably be more easy to go and prove to them signature but we are not here to make things easy for them anymore than they have made for us, this lesson we have learned from them.

 

If they listened to us in the 1st place then I am sure no one would be in the position they are in today. So I will keep all up to date with the latest and thanks again,

[davey77]

..I could say we didn't receive it..

 

I'd stick to the truth as much as possible. You don't want to get caught up in their games. If you are ever asked by the I.C.O or creditor about the matter then simply state you didn't feel it was needed (after they have been writing to you by name) and it was inconvenient for you to do visit their Branch. Enough said really.

 

As you say, wait for the time limit to expire then report 'em

[frettful38]

Thanks for that bit of good advice as you said it is better to stick to the truth we don't want to add guilt to the rest of the problems, will keep that in mind and just wait for the 40 days to end,

 

Take care and have a happy new year, will let you know of the progress,

[shakespeare62]

When i had the same kind of response in the past what i have said is:

 

Dear Sir,

Further to your recent correspondence dated (**). I am afraid i am unable to supply you with any further information regarding my identity to enable my legal request for information to be fulfilled than has already been supplied previously.

 

The fact that you have been writing to the above address and to me by name requesting payment towards the above account has confirmed to me that you already have the correct details. This address and the occupier has been satisfactory to you in past communications therefore you have until the 19 Jan 2009 to supply me with the information i am entitled to otherwise i shall make a formal complaint to the Information Commissioners Office without further notice"

 

Amend as needed and if they don't comply the make then complaint to the Information Commissioners Office:

 

Information Commissioner's Office - Information Commissioners Office

 

 

Davey's right.

 

A signature is not a requirement by the Data Protection Act 1998 for a Subject Access Request request.

 

Further confirmation of this is given in section 2 of the Information Commissioners Data Protection Good Practice Note titled Checklist for handling personal information (subject access request) at:-

 

http://www.ico.gov.uk/upload/documen...nformation.pdf

 

to quote from section 2 of the above Good Practice Note :

 

"2.Do you have enough information to be sure of the requester’s identity ?

Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume they are who they say they are."

[DCA-KING]

I always sign mine now in red

Because when you sign a agreement you MUST only do it in black or blue so if its in red (i alway scan the letter before i send it off) that way if a agreement turns up with a red signuture you can compain that its been copied

Regards DK

[frettful38]

Thanks dcking,

Thats a cool idea and will definitely give it a try, I 've loads of red pens lying about time I used them before the ink dries up

 

I have sent a cca request to my bank about my credit card and lets see what they send back, fingers crossed it won't be signed, but I have every intention to pay but would be better without the high interest rate I am on 19%. If it is unenforceable that would be so cool so whatever I paid would come off the debt. I paid £100.0 last month £46.00 was taken for interest, what a rip off hey.

Edited January 10, 2009 by frettful38

[davey77]

I would not sign anything (red or otherwise) as a red signature will look black once it's been photocopied. Digital signatures only, which are certainly adequate.

Any future agreement that could turn up bearing a digital signature would be proof to you that it wasn't what you physically signed.

 

Online Personal Signature Maker - MyLiveSignature - Free Personal Signature Generator

[frettful38]

Thanks davey77,

 

Sorry for sounding a bit thick but I do not seem to understand your reply. please could explain what this means.

[davey77]

I mean that creditors are deceitful, dishonest, underhand and not trustworthy. They don't follow the law or the rules so they look at ways to get around the law.

 

If they don't have a proper agreement then they can 'make' one up using your signature and Photoshop.

 

Send me your real signature in purple, orange and yellow ink and i could send you back a loan agreement, bearing your black and white signature showing you owe me £17 million (assuming i had your address.)

Would take ten minutes.

[frettful38]

Oh right I get it, thanks for that, well I will find a way to cross that bridge when I come to it, I have 8 more days for the 40 days of the S.A.R I sent. I will keep all posted on the progress, I have sent a cca request too a few days ago lets see what they send back

 

Thanks davey77 for explaining take care for now

[davey77]

8 days are up then! Time for a complaint to the ICO (assuming you haven't received anything yet of course!)

[frettful38]

Thanks davey77,

Have not heard anything yet, but before I complain to the I.C.O don't I have to send them a letter before warning. I mean after the forty days are up do I complain straight to the I.C.O or are there a couple of letters I have to send warning them in advance.

 

Thanks for reply in advance