Citi - SAR advice needed

[Markd55]

Dear Caggers,

 

I've just received response from citicards regarding my Subject Access Request. They have not included my consumer credit agreement as they say that they do not have to under section 7 (1)© of the data protection act 1998.

 

 

What should I do now. Advice needed please.

[cerberusalert]

Make a complaint to the Information Commissioners Office https://www.ico.gov.uk/Global/contact_us.aspx

 

7 (1)© of the data protection act 1998.

Part II

Rights of data subjects and others

7

Right of access to personal data

 

 

(1)

Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled—

 

 

 

(a)

to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

 

 

 

(b)

if that is the case, to be given by the data controller a description of—

 

 

 

(i)

the personal data of which that individual is the data subject,

 

 

 

(ii)

the purposes for which they are being or are to be processed, and

 

 

 

(iii)

the recipients or classes of recipients to whom they are or may be disclosed,

 

 

 

©

to have communicated to him in an intelligible form—

 

 

 

(i)

the information constituting any personal data of which that individual is the data subject, and

 

 

 

(ii)

any information available to the data controller as to the source of those data, and

 

 

 

(d)

where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

Edited May 23, 2009 by cerberusalert

[Markd55]

Thanks Cerberusalert, I've already complained to the ICO about Citi as they took longer than 40 days. This was last week and suprise suprise the info turns up a week later. What should I put in the complaint. Should I write to citi first and give them a chance to send the consumer credit agreement.

 

They have twice before said that they would me a true copy of the agreement before I made the SAR. And it never turned up. I startig to think that they don't have it.

[Markd55]

Dear Cerberusalert,

 

could I use section 8(2) of the data protection act to get my copy as it does mention permanent form.

[cerberusalert]

Yes although it is covered by 7(1)©(ii), but still make a complaint to the ICO because Citi are still in breach.

[Markd55]

I have decided to write to Citicards, Could you one give any advice as to what i should put in the letter. Explaination of the breach would be good.

 

I'm also going to write to the ICO as to Citi's latest tactic as I'm sure fellow caggers will soon also come up against this new tactic in trying to obtain a copy of there cunsumer credit agreement.

 

Below is what they have sent as to the agreement/application

 

 

And the codes.

 

 

Advice please from fellow caggers to stop citi in there tracks.

 

I'm also thinking of copying in the Trading standards and FSA to this complaint of Citi's behaviour.

[supasnooper]

send them this letter -

 

Your Name

 

Your Address

Your Town

Your County

Your Postcode

Date 2009

The Company Secretary

The Creditor

Creditors address

Creditors Town

Creditors county

Creditors postcode

LETTER BEFORE ACTION

Section 7(1) – Data Protection Act 1998

Account: XXXXXXXXXXXX

 

 

Dear Sir / Madam,

 

 

You have failed to comply with my Data Protection Act Subject Access Request dated xxth xxxxxxxxxx 2009.

 

I will remind you as to what documents I expect.

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to this account, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

 

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

 

3. Where there has been any event in my accounts 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. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to 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.

 

6. Details of any collection charge 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 deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. 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.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974 for the account.

14. Any Other information relating to this account.

 

If you do not comply within the next 14 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours Faithfully,

Print your name here

 

Do not sign, send Recorded delivery and do take them to court for non compliance of your SAR if the above letter doesn't do the trick.