SAR refusal due to no signature ? Pls advice

[time35run]

Hi,

 

I have sent a SAR off to Capital One. There is about a week left on the 40 days for them to comply.

 

Heard nothing at all until today when I got a leytter saying that they couldn't comply as I have not signed my letter requesting it.

 

Obviously I didn't sign the letter in accordance with the advice on here (that they can rip the signature to fake the CCA's !!!).

 

What do I do not though ? Is the sig a requirement to get the SAR done.

 

I am sure its just stalling tactics on their part but how do I move this forward ? So far, the have been unable to produce a CCA which is why I have sent the SAR.

 

Thanks !

 

T35R

[cerberusalert]

Send them this and if they still refuse make a complaint to the ICO;

 

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my SAR, 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.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

 

https://www.ico.gov.uk/Global/contact_us.aspx

[andie_303]

another option is to put graphics or lines behind your signature aswell

[equinox747]

Send them this and if they still refuse make a complaint to the ICO;

 

Dear Sir,

 

You have stipulated that you require proof of my identity/signature before you comply with my SAR, 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.

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/checklist_for_handling_requests_for_personal_information.pdf

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

 

https://www.ico.gov.uk/Global/contact_us.aspx

 

my daughter too had a request from metropolitan and just on the 12th day umm i wonder why delaying tactics, if they had all the requested documents they would send them post haste: that i am sure: it's because they haven't and they could easily lift a signature .NEVER SIGN ANYTHING OR ADMIT ANYTHING, it's up to them to prove you have a legal debt with them not the other way round.thank god for Consumer credit agreements...

[equinox747]

to confirm:

my daughter too had a request from metropolitan and just on the 12th day umm i wonder why delaying tactics, if they had all the requested documents they would send them post haste: that i am sure: it's because they haven't and they could easily lift a signature .NEVER SIGN ANYTHING OR ADMIT ANYTHING, it's up to them to prove you have a legal debt with them not the other way round.thank god for Consumer credit agreements...would also like to than cerberusalert? for links to free legal advice cheers

[time35run]

Thank you again cerberusalert for the letter. I will send today.

 

I have just added up the 40days, i sent my request on 12 July (recorded delivery) so by my calculation, they have until 21st to comply, that's just 3 days remaining and 2 by the time they get my reply tomorrow.

 

I sent off two SARs to Cap1 and Hlifax and had nothing from either.

 

What happens if nothing arrives by the 40 days ?

 

Equinox, you are right about the delaying tactics - neither Hal or Cap1 have been able to rpoduce a CCA, they clearly don't have any. However, so fa this hasn't stopped either of them passing the 'debt' from DCA to DCa continuously.

 

Thanks T35R

[cerberusalert]

What happens if nothing arrives by the 40 days ?

Make a complaint to the ICO.

[time35run]

Thank you again.