SAR 40 Days are up, what next

[trooper68]

Hi Guys

 

Need you input...

 

The 40 days have passed and nothing back, I really want to fire off a letter telling them thay have failed and get them to remove the data stored, and hinting that they cannot share it with anyone else, anyone know of a template to get an idea?

 

Thanks in advance

 

Trooper68

[supasnooper]

You can send a letter before action to the creditor -

 

 

 

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 by recorded delivery.

As far as I'm aware, you would not be able to ask them to remove your data as the Subject Access Request is made under the s7 of the Data Protection Act.

[trooper68]

You can send a letter before action to the creditor -

 

 

 

 

 

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 by recorded delivery.

 

 

 

As far as I'm aware, you would not be able to ask them to remove your data as the Subject Access Request is made under the s7 of the Data Protection Act.

 

Thanks Buddy

 

 

I thought that they CANNOT give your information to another party if the information may be incorrect? So if they have info that they have, that you have not seen or refuse without grounds, they can hand it on to another DCA?

 

Trooper68

[supasnooper]

You would need to send them a S10 request to stop them processing your data.

 

A goood letter to send can be found here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

[trooper68]

You would need to send them a S10 request to stop them processing your data.

 

A goood letter to send can be found here - http://www.consumerforums.com/resources/templates-library/86-debt-collectors/586-legal-notice-issued-under-section-10-of-the-data-protection-act-1980

 

 

Cool thank you very much.

 

 

Trooper68