SAR request but bank asked for a signature!!

[stressed mum!]

Hello I have a thread in the natwest section for this but need some general advice I have sent of a SAR and have been waiting for it to arrive.

This morning I recieved a letter from the natwest asking for signed authority to proceed, now I know I don't have to give this after reading threads on here but can't find the letter to send regarding this could anyone point me in the right direction

thanks in advance

[maroondevo52]

Hi, stressedmum.

 

I think they can ask for your signature for a SAR, when you sign it, put a couple of lines through it, so you will know if it's been 'lifted' at a later date.

 

Regards.

 

Scott.

[BubbleCat]

I would say each of them have different rules - not that this should be the case- as I've received info without a signed SAR.

 

Could this be re-jigged to send:-

Thank you for your letter dated xxxxxx the contents of which are noted.

 

In your letter you make reference to requiring my account numbers (signature?) before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you with these before you comply with my S78 request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78 was made on 25/11/2008 and the 12 working days for your compliance expired on 12/12/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested

 

Regards

 

 

marrondevo could probably tell you if this can be used?

[maroondevo52]

Hi,

 

For a CCA request, you could send the letter.

A Subject Access Request however is different, as under the Data Protection Act, they have a duty to make sure they only give the information to the right person, and your signature should be an essential part of that confirmation.

 

Regards.

 

Scott.

[stressed mum!]

so basically I have to send them my signature should I cross it for security??

[pompeyfaith]

when you sign it, put a couple of lines through it, so you will know if it's been 'lifted' at a later date.

 

I think thats a yes stressed mum

 

PF

[stressed mum!]

sorry guy's brain not functioning today!!!!! thanks for the advice would'nt mind have read my thread about 10 times

[stressed mum!]

Just a quick update my 40 day's are up and no SAR they hav e sent me a letter stated that the they have had a thourough search and can not find any deatails for my policy!!!! They must clearly know this is a bank account and have asked me to check details and to forward them anything what do you think?? I have been advised to send something along the lines of this

Thank you for your letter of date. Since, by you own admission, you have not been able to produce a copy of an executed agreement for the alleged debt within the statutory period set down in the Consumer Credit Act 1974, the alleged debt is unenforceable by virtue of s77(4) of the Act and further, under the same section, you have commited an offence.

 

Since you cannot demonstrate that I am the debtor associated with the alleged debt, all collection activity is unlawful under the CCA 1974 and contrary to the OFT guidelines on debt collection. I intend to make these facts known to the Financial Ombudsman, the Office of Fair Trading and my local Trading Standards Office. If you persist in taking legal action against me for the alleged debt, I will also make them known to the court. Section 127 (3) of the CCA 1974 forbids a court issuing an enforcement order in the absence of an executed agreement.

 

This letter also constitutes notice under s10 of the Data Protection Act 1998 that you must not process data concerning me in relation to the alleged debt or, if you have processed data already, you must cease. This includes, but is not limited to, passing any data to third parties such as Cedit Reference Agencies.

 

On [date] you placed a default marker against my credit history with a number of Credit Reference Agencies in reference to the alleged debt. Since no agreement exists between us, you have no permission from me to process data concerning me and you are in violation of the data protection principles including but not limited to Schedule 1 Part 1 (1) of the Data Protection Act 1998. I will be reporting this matter to the Information Commissioner and request and require that you remove said default marker(s) from my credit history. I shall be seeking compensation under s13 of the Data Protection Act 1998 for the distress you have caused me by your financial defamation of me.

 

Yours sincerely

 

What do you think second opinions always welcome x

[BubbleCat]

sounds good to me. It really demonstrates your intention to sort things out and they have put it in writing they are not able to locate your details.

 

maybe could mix this one in with it:

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2007 the contents of which are noted

 

In your letter you make reference to requiring my account numbers before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you with these before you comply with my S78 request.

 

If it is for Data Protection purposes then I can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My request for a true copy of my credit agreement under section 77/78 was made on xx/xx/2008 and the 12 working days for your compliance expire on xx/xx/2008. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested

[stressed mum!]

hello bubblecat not sent the letter yet, to be honest worried about sending it due to it's contents and scared what might come back!!

[BubbleCat]

Hi Stressed mum - If they had anything they would have sent it by now. You have given them ample time to respond. Letting them know you are on the ball with this, can only strengthen your case.

 

I have sent SAR's without signatures and only one sent any info, which turned out to be totally irrelevant, despite sending follow up letters as suggested, companies have failed to respond.

 

Seems to me chances are in your favour as it stands.

[stressed mum!]

I AM LIVID!!!!!! I have finally remembered my password for online banking the tax credits paid £400 into that account on the 17th feb, why I dont know they have been paying into my new account since october. Now my account is only over it's agreed limit by£17 and would have been much less as there is now £190 of cahrges from the 30th January maybe this is why nthey cant send my sar to me am now going to have to phone tax credits and ask why they paid into that account that letter is definatley going off now.