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

[frettful38]

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

[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.

[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

[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,

[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,

[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

[frettful38]

Thanks davey77,

 

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

[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

[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

[frettful38]

Thanks 42man, just opening up the envelope and putting a copy of the original request in to it,

[frettful38]

Thanks Davey77,

 

Don't worry I will follow it through, I am just on my way to my Post Office to post this LBA letter to them. I will let you know what happens.

 

I think this site has bought a lot of peace of mind to many people including myself. People did not know what rights they had or how to execute them. I wish I had found it earlier, but better late than never hey

In the past as soon as ever got a letter from a DCA I would pay up there & then including all the charges, even if I didn't do it I'd say I did. I think thats how these people scare us in to paying, and frankly I have had enough being scared, time for us to fight back. Thanks for advice

[frettful38]

I think these S.A R's are brilliant. Its been years and I mean years that I have been trying to get information out of solicitors and various companies in the past. I even tried going through solicitors to get the information that I needed, I wrote loads of letters requesting this too, but never did I ever get a satisfactory response.

Now when I discovered what a S.A.R was you can understand how relieved I was. I know what I wanted to ask them but did not know the right words, but the S.A.R sums everything up in one hit.

I have received 3 S.A.R's back from out of the nine I have sent and so far all three of them are dodgy. I have found a lot of info in them that I was not aware of, boy this is going to be a lonnnnnnnnnnnnng investigation for me. But I have learned a lot from this site and its wonderful people, and basically found out much more than I needed,

 

So just a general thank-you to everyone for all they have done so far,

[frettful38]

Sent L.B.A on 23/01/09 for CCA no reply yet

Sent L.B.A on 23/01/2009 for S.A.R no reply yet

Sent L.B.A on 19/01/2009 for OH's S.A.R no reply yet

 

 

What are the next steps please if I don't get a reply soon.

[frettful38]

Thanks for that supasnooper for that very informative reply. I will just wait to see tomorrow's post, if I do not hear anything then I will do what you have advised above,

 

 

Once again thanks very much for everything,

[frettful38]

Oh one more thing, what do I do if I have not had my cca reply, I have sent them a LETTER BEFORE ACTION. Does the same procedure apply or should I just wait a bit longer even though they are over the time limit?

[frettful38]

How many complaints can you make to the Information Commissioners Office. If I have several complaints regarding non-compliance's of Subject Access Requests, will they take each one individually?

[frettful38]

Very good advice davey77 and just as I thought, I have sent them three. I don't think I will do anymore. Personally I thinks its better doing it yourself, because when you involve a third party sometimes they can make the situation worse than it already is and I am speaking from experience.

 

I will wait and see what reply I get, if it is not satisfactory result then I will have to do it myself, and I agree with your comments about these regulatory bodies 100%.

 

Thanks for your advice and let you know what happensxxxxxxxxxxxxxxxx

 

 

Thanks palomino for your advice much appreciated xxxxxxxxxxxx

[frettful38]

You beat me through it scarletpimpernel,

 

I think your right too, I think it will be better to cut out the middle man and go straight for the kill. That's what they have been doing, I will wait a few more days and start court proceedings with the help of you great people.

 

Waiting for the ICO will only take more longer, and we really want to get things moving.

 

Take care and thanks for your help. xxxxxxxxxxxxx