Subject Access Request Rec/d, but only contains statements!

[Furrypaws1]

Hi all

 

Some time ago we requested a Subject Access Request from Abbey (we used the template on here). They have now sent this to us but all it contains is pages and pages of statements, and not all of the other info the letter template clearly requests.

 

What can we send them as a reply advising that what they have sent us is not correct?

 

Thanks

[postggj]

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

 

(Adapt this next section to your situation)

 

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)

2) You have provided no notes, or documents relating to any legal action between you and myself.

3) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

 

 

[name]

[Furrypaws1]

We have now received a reply saying they want a further £10 postal order and they also want proof of identity, ie drivers license.

Firstly we cant afford another postal order and secondly had they have sent all the stuff we requested in the 1st place then we would not be in this situation (postal order sent with original request).

We are also not happy with sending them drivers license etc, seeing as we dont trust them as far as we can throw them.

They say if we dont respond within 7 days they will "pass it back to collections"

How do we respond to this?

[Hardupnotfedup]

Tell them that you have paid already, and they were quite happy to correspond with you previously without proof of identity, tell them that you will pick up docs at local branch

[the_shadow]

We have now received a reply saying they want a further £10 postal order and they also want proof of identity, ie drivers license.

Firstly we cant afford another postal order and secondly had they have sent all the stuff we requested in the 1st place then we would not be in this situation (postal order sent with original request).

We are also not happy with sending them drivers license etc, seeing as we dont trust them as far as we can throw them.

They say if we dont respond within 7 days they will "pass it back to collections"

How do we respond to this?

 

The sly gits, its £10 for all information they hold on you, not each individual bits.

 

Suggest you tell them in writing that they will not be receiving another penny for a data request you have already paid for and that you will be looking into either instigating legal action or a complaint to the ICO on non disclosure and that your costs will be payable by them in said matter.

 

S.

[NailPost]

I would report them now to the Info Commisioner. They are clearly intent on playing silly beggars with you. Turn it round and bite them back.

[palomino]

We have now received a reply saying they want a further £10 postal order

What were the exact words they used? If they used the term 'further' or 'addditional' or suchlike then they have implicitly acknowleged that they have had the original fee.

If they don't do you have proof of the first payment?

[Furrypaws1]

they havn't put "further", they state: A cheque made payable to Capquest in respect of administration charges.

They are no way getting another £10 of us, but what can we say in reply to it??

Not sure re the receipt, but they know and we know, that they would not have sent a ton of statements had they not had received our original postal order. They sent the only blimmin thing in plentitude we already have, genius....

 

ps what is the "info" on the information commissioner, i havnt heard of that, sorry we are newish to all this

Edited January 19, 2010 by Furrypaws1
more info

[Huff&Puff]

Did you send the SAR to Capquest? If o, that's why you only got what you did. You have to send the request to the original creditor (abbey), not the DCA who is chasing you.

 

CCA requests, on the other hand, do go to the DCA who is chasing.

[Furrypaws1]

yes we sent it to capquest. We had no idea we had to send it to Abbey as we have not seen that advice anywhere. Can anyone else back this up as surely now the buggers have bought the debt they are one and the same (sorry to question you huff and puff but we really want to make sure we are doing the right thing ) we only have till the end of the week to reply so a comprehensive response would be appreciated.

 

The crux of the matter is we have already paid £10 postal order to Capquest, they have not sent us anywhere near the requested list of data from the file, we are not prepared to send them more money.

[the_shadow]

yes we sent it to capquest. We had no idea we had to send it to Abbey as we have not seen that advice anywhere. Can anyone else back this up as surely now the buggers have bought the debt they are one and the same (sorry to question you huff and puff but we really want to make sure we are doing the right thing ) we only have till the end of the week to reply so a comprehensive response would be appreciated.

 

The crux of the matter is we have already paid £10 postal order to Capquest, they have not sent us anywhere near the requested list of data from the file, we are not prepared to send them more money.

 

I'm afraid its true...

 

The SAR is for all data a company holds on you, if that data has not been passed to the DCA which it normally isnt then the DCA cant send it to you...they are under no obligation under the DPA to go and ask the original lender for information to pass on to you and it breaches the very same DPA if they do pass that info on anyway....

 

I'm afraid if you want the info then the SAR needs to be sent to the original lender and that way you will recieve the statements plus all other info THEY hold on you. The only time you SAR a DCA is if you suspect they're cooking the paperwork in prep for court and then you can trip them up.

 

So yes the only answer is to SAR the original lender which means another £10 and up to 40day wait.

 

If the DCA is getting heavy then tell them in writing that you have requested information under SAR from the lender and that they will have to wait until that information has been furnished before you respond to them.

 

S.

[Huff&Puff]

Have you sent a CCA request to Capquest? That'll only cost you £1, and if they don't send one within 12+2 days you can put the alleged debt into dispute. Once in dispute you have an absolute defence to any court action.