first direct wont send SAR/data protection without signature

[iseo94]

Can anyone shed some light? I have sent SAR to first direct with fee but without signature. They have replied that they need a signature to verify identity. I have replied that the law does not require me to sign anything but I am willing to go to a local branch and provide proof of id in the form of a passport. FD replied no can do. Only when they receive my signature and have verified it, they will then have forty days to comply.

Has anyone experienced this avoidance tactic?

Any ideas?

Thanks

[maroondevo52]

Hello and Welcome,

 

You could try sending them this...........

 

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my Subject Access Request, may I bring the following to your attention;

 

Data Protection Act Good Practice Notes:

 

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 that they are who they say they are.

 

Suffice to say that if the Information Commissioners Office are satisfied that if you have previously corresponded with me at this address then it is reasonable that I am the person I say I am, therefore there is no leglislation nor guidelines that you can hide behind in an attempt to avoid fullfilling my legal request.

 

If you still fail to comply to my legal request, I will have no other option than to complain to the Information Commissioners Office & if my complaint is upheld you will be liable to a £5000 fine.

 

Yours,

Print name do not sign.

 

 

Regards.

 

Scott.

[iseo94]

Thank you so much Maroondevo52 for your speedy reply.

Sorry, I forgot to mention that I have moved address, but I have been corresponding with three different debt collection agencies at my current address and have been paying a nominal amount since 2006!

My drivers licence is still in my old address for id, though.

[maroondevo52]

Hi,

 

Send the letter and see what they come back with.

 

Regards.

 

Scott.

[iseo94]

ok Scott, will do.

I have been fighting to keep the vulchures from my door since 2006 and finally had the good fortune to find this website. I have been trawling through these forums, many many hours of informative reading! since january and have finally taken the plunge.

Thanks again for your support and i'll let you know what Ms Howard at First Direct has to say about this letter.

[maroondevo52]

Hi,

 

Glad you find this site helpfull I know when I found it, I was in deep trouble and not sure which way to turn.

 

Thankfully I can now see the 'light' at the end of the tunnel.

 

Good luck with that.

 

Regards.

 

Scott.

[iseo94]

Thank you

[iseo94]

hi

first direct have replied with

 

"thank for your letter of 7 july 2009.

i note that despite our numerous letters asking you to provide a valid signature to enable us to authenticate your request,we continue to receive correspondence either unsigned or with an invalid signature (i printed my name).

failure to provide the required information will result in any furture correspondence being destroyed without responce,as we would be unable to fulfil our obligations under the data protection act.

yours sincerely

janet brook"

 

WOW! so if i dont send a signature in ms brook will bin all future letters!

do i report FD to information commissioner now?

just to clarify, i have offered to go to a branch of hsbc (fd & hsbc being one and same) with passport in hand, i have been corresponding with numerous debt collectors acting on behalf of fd for 3 years, i have been paying a nominal amount to fd from this address for 3 years.

i think fd have been banging on charges left right and centre and i dont think they have a valid signed agreement.

the debts in question are a loan, credit card and overdraft.

would appreciate any feedback

thank you

[maroondevo52]

Hi,

 

Looks like, janet brook's not to happy with you

 

Have you seen this...............

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=24&a=162

 

Maybe worth a punt for £4

 

Regards.

 

Scott.

[iseo94]

hi scott

thanks for the post but i cant open the link. Is there another way to view the page?

thanks

[maroondevo52]

Try this............

 

http://www.consumeractiongroup.co.uk/digitalsignature.php

 

Regards.

 

Scott.

[iseo94]

thank you scott, all done.

do you think this is absolutely secure?

[maroondevo52]

Hi,

 

Don't think we'd advertise it if it was'nt.

 

Regards.

 

Scott.

[cfs_too]

Hi,

 

Don't think we'd advertise it if it was'nt.

 

Regards.

 

Scott.

 

 

Hi,

 

I have had the same problem with the lady you mentioned, it took me 4 attempts to attain my DPA info in the end. You DO NOT have to send you signature to the lady in question . I believe these are delay tactics used by FD.

 

If you would like me to send you details on my letters, upon which they did eventually supply my DPA notes then please contact me directly - I don't wish to add the letters here as then FD would know my identity (and I still have outstanding issues with them and their DCA (Metropolitan) & DG chasing me when the account is in dispute!).

 

Don't give up! I had a perfect account history for over 15 years until I became disabled and unable to work. The vultures were relentless after just 3 months, making my illness worse. I won't let them get me down, and neither should anyone else. We just have to stand up for our rights!

[iseo94]

ok, letters have hit the mat from fredrickson so have bitten the bullet and sent ms brooks a letter with a secure signature.

lets see what happens (am a big time conspiracy theorist, and am bracing myself, lol)

[iseo94]

quick update, reply from Fd says that they have contacted information commissioner and have been told to quote sec 7 para 3 data protection act, which states, in short, they have the right to satisfy themselves of who I am. She is also saying that i have not supplied a valid signature, although i did send the last request with a security signature.

i'm going to write a letter to the information comm' stating that i have sent a signature, albeit one on a security strip,i have offered to collect from a branch with a passport and confirming that i have been in contact with a dca for past 3 years and paying instalments for that time.i'm hoping he'll contact Fd & give them a kick up the you know where. i'll also send a copy to Fd & see what happens.

if anyone has anymore ideas, i'd appreciate your input

[iseo94]

ok, complaint form finally completed, (4 attempts to send web complaints form timed out, changed all formats of letters to attach, then changed back again to print!total 5 hours 35 mins!yey!)sending by post today with all correspondance with Fd.

also sending a copy to Fd:)

[iseo94]

Hi all

I received a standard aknowledgement letter from the commissioner re complaint on 3 september and a letter from fredrickson stating that they are putting case on hold until they are in receipt of instructions from their client (first direct) back in August but i've received nothing from first direct.

has anyone got any suggestions?

should i go for court order forcing disclosuer pursuant to cpr31.16?

i really want to keep up the momentum, anyone's thoughts would be greatly appreciated.

[Guest HeftyHippo]

news?

 

has the ICO done anything?

[dodda]

I am also experiencing the same problem with two banks I have sent SAR requests to. I sent off the letters on 02/10/10 and received a reply yesterday and today asking for signatures. I use a different name to what the accounts were held in and live at a different address but sent them a copy of my old passport (in the name the know me) decree absolute and birth certificate. Can anybody help with a template letter or legislation I can quote to go back to them please?

[kittiebelle]

Hello

 

I'm having problems with FD who are saying they will not process my SAr request due to not verifying signature. I don't want to speak to them on the phone. I wrote and offered to go into my local HSBC with passport etc. They said no. I wrote and said that there was no legal obligation for me to provide a signature, but they are just refusing. How can I proceed?? Does anyone have any ideas as to what I can write to get them to comply??

 

Kittie

[annabella7]

Hi I am in situation like yours. I think that you may be able to send A Drivers Licence with sig blotted out or a passport.

[annabella7]

Not wanting to push in on your thread here but i am also defending a county court claim that is presently stayed pending them complying with my CPR Request . I informed them that they have not kept to the rules regarding banking practice.

They have responded by making a request to the court to amend thier particulars of Claim.

Any advice ? no replies re this issue from other sections of the forum

[kittiebelle]

Hi,

 

I feel for you, banks just seem to make the rules up for themselves. I would write to the judge about it. Surely you will get to see their new particulars of claim. What was the basis of their original claim? ie what documents are they relying on? Have you put in any counter claim?

 

Best

 

Kittie

[annabella7]

Hi again, Thanks for reply .The claim was brought under a bank account facility and I only had a credit card with them. They closed the crdit card and tried to off set to a bank account which i didnt hav.So they opened up a new account for the sole purpose of getting out of their legal obligation under the consumer credit act and at the same time trying to deny me my legal right under the same act. As you may know banking law is very different and very much in favour of the banks

They can legally 'of set' the arrears on a credit card by taking money from another account if you have one with the same bank. but in my case they invented one and i pointed this out . so now they are rushing to amend their original claim that is presently stayed back to a credit card that the initially terminated.