How ro make a SAR as this?

[lord_tiger_putin]

I want to make a SAR to HSBC for a personal loan but the fact is that I have had more than one loan with them. I took out the loan and if you want to borrow more money, they pay off the current loan and make a new loan. All these loans have different account numbers, which I do not have anymore.

 

A SAR is to an organisation about all the information they held on you and not about a single account as far as I have it? Therefore one should supply your address(es) and they should provide all the information covering all the loans?

 

Can someone please comment on this?

[Hardupnotfedup]

SAR is a request for info they hold on you . NOT a particular account, you should receive info even for accounts that have closed if they are still archiving it.

[Deb T]

I don't think it would hurt to include the account numbers of your loans when making the request but the above poster is correct in that the Subject Access Request should be all information held by them on you.

 

It's just that giving them the account numbers on the loans may make them just that little bit more thorough (and gives your an angle if they fail to supply etc)

[lord_tiger_putin]

Thanks, it is what I thought. I made a SAR to them about my overdraft but they should include everything about the loans. It seems that they try the delay tactic about signing the request, if so, then I will remind them. about the rest.

[Seminole]

In the early days of CAG people made the mistake of issuing SARNs for specific accounts and for statements of account. The banks played merry hell with that.

 

The SARN should be an all or nothing request,

[Deb T]

If they want your signature or verification I would not personally send it to them as in they're content to send you letters/threats/bills/statements/defaults/terminations/interest statements etc ...to your normal address but now you're wanting something from them they want the earth?

 

If they want verification I would send the SAR again quoting the above or similar and at the same time as this and should they require verification you'd be willing to visit your local branch with ID where they can verifiy it/you (taking care NOT to let them walk off with anything you show them...as it's usually straight to the photocopier etc

[lord_tiger_putin]

I received another reply from Vanquis containing only printouts of computer records, it seems to me that they do not keep paper copies, no letters that has been send, no credit agreement, not even t&c's.

 

How to handle that? Should I assume they do not have the missing docs? If they say they did send it, how can I prove they didn't. Have my wife as witness.

[lord_tiger_putin]

I won't sign it, I had a such case with CrapOne and received info here which I send which seemed to work.

[Seminole]

Presumably the Vanquis data was supplied in response to a SARN?

 

The DPA requires them to supply all data held in a "relevant filing system". This could be both computer based records and manual filing systems. IIRC there is a defence of disproportionate effort but I don't think the ICO (or the court) would like to see this used.

 

It's not really up to you to prove that something didn't happen- how can you do that? It's for them to prove that it did. If they don't have anything pupporting to be a copy of the credit agreement (including details of online sign up) then they won't win in court anyway if they try to sue you.

[lord_tiger_putin]

I assume they cannot send the credit agreement with the SARN and then produce it in court (if they have it) but this will actually an admission that they broke the DPA

[Seminole]

I assume they cannot send the credit agreement with the SARN and then produce it in court (if they have it) but this will actually an admission that they broke the DPA

 

You're right in theory but my experience of dealing with big companies is that they flout the law on a regular basis. If you want the credit agreement from Vanquis, I think you should use the CCA template letter as well as the SARN.

[MARTIN3030]

Vanquis are renowned for their failures to provide everything requested,the site is littered with examples.

Time people were reporting these to the ICO.

[lord_tiger_putin]

Vanquis are renowned for their failures to provide everything requested,the site is littered with examples.

Time people were reporting these to the ICO.

 

I did send them a letter that the 40 days have passed and that I haven't receive certain documents. They must either send them or say they do not have them. Will see what happens and whether they will send anything else or any admission that they do not have them:rolleyes:.

 

I think they're doomed if they do:razz: and they are also doomed if they don't:razz:. If they don't then they admit, directly or indirectly, that they do not have them. If they do, then they will have to explain why they haven't send them in the first place and I can report them to the ICO. Will post their response when received.

[lord_tiger_putin]

The DPA requires them to supply all data held in a "relevant filing system". This could be both computer based records and manual filing systems. IIRC there is a defence of disproportionate effort but I don't think the ICO (or the court) would like to see this used.

I think they will have a hard time arguing that sending a Signed Credit Agreement be d disproportionate effort, they could be arrogant enough to try it:| give a monkey rope....