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40 Days are up...SAR, What to do next...?

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Very briefly, i have sent a CCA request followed by a SAR request to a finance company back on 7th June requesting all information they hold on me as i believe the agreement has some issues.

 

I received a letter from them soon after (14th June) asking for proof of my identity. I sent them a letter stating that i feel this is not needed as they regulary send sensitive letters addressed to me at my present address.

 

They are continually calling (landline) and sending "Account Terminated" and "Final Notice" letters to me at my address.

 

I beleive the 40 day limit is up sometime soon (tomorrow i think if you include weekend days and not working days)

 

What should my next course of action be with regards to the lack of SAR..?

Any ideas...?

 

Thank you :)

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A data controller can refuse a request if they are not satisfied that it is the subject making the request.Very often they will use this for staling.

 

Ok I suggest sending a copy of your passport,drivers licence,or similar-with your sig blocked out.

Tell them that you regard this as adequate proof and that you expect compliance immediately.

Send this recorded.

 

Who is the company as a matter of interest ?


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin thanks for the reply.

 

I have a huge folder containing all the letters the company have sent to me in the past. (Including statements, letters of default, termination of contract and final notice letters amongst many many others)

I do understand that if they are not satisfied with my identity they can ask for proof of who i am, but considering the amount of letters i have received and the sensitivity of those letters, i am sure they do not doubt who i am. I refuse to send anything to them on this basis and requests for my signature seem suspect in the very least...

 

Oh and the company...

 

The Funding Corporation...

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Hi Martin thanks for the reply.

 

I have a huge folder containing all the letters the company have sent to me in the past. (Including statements, letters of default, termination of contract and final notice letters amongst many many others)

I do understand that if they are not satisfied with my identity they can ask for proof of who i am, but considering the amount of letters i have received and the sensitivity of those letters, i am sure they do not doubt who i am. I refuse to send anything to them on this basis and requests for my signature seem suspect in the very least...

 

Oh and the company...

 

The Funding Corporation...

 

 

 

 

The Funding corporation, now don't get me going about them..

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Oh please do enlighten me, as i seem to be having a torrid time with them at the moment :(

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Oh please do enlighten me, as i seem to be having a torrid time with them at the moment :(
Some customer reviews here;

The Funding Corporation (Financial Services) : Plebble.com


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Oh please do enlighten me, as i seem to be having a torrid time with them at the moment :(

 

 

 

 

 

 

 

 

 

I would as a matter of urgency change your landline number as they will never stop phoning. My OH had them phoning her as soon as she came in from work demanding money and putting pressure on her. I decided to change the number as the pressure was putting unbelievable strain on our relationship..

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Hi Martin thanks for the reply.

 

I have a huge folder containing all the letters the company have sent to me in the past. (Including statements, letters of default, termination of contract and final notice letters amongst many many others)

I do understand that if they are not satisfied with my identity they can ask for proof of who i am, but considering the amount of letters i have received and the sensitivity of those letters, i am sure they do not doubt who i am. I refuse to send anything to them on this basis and requests for my signature seem suspect in the very least...

 

Oh and the company...

 

The Funding Corporation...

 

 

Yep I get what you are saying-but they DO have this to hide behind under the DPA unfortunately.

Theres no obligation for you to give a sig.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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We have considered changing our number also, but before my redunadancy they continually phoned my place of work also, which was not appreciated by my manager :(

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We have considered changing our number also, but before my redunadancy they continually phoned my place of work also, which was not appreciated by my manager :(

 

 

 

 

 

 

 

Have they cashed the ten pounds up which I assumed you sent off as part of the subject access request ?

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Dude, yes they acknowledged the letter and have cashed the £10 postal order in which we sent back on the 7th June.

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Dude, yes they acknowledged the letter and have cashed the £10 postal order in which we sent back on the 7th June.

 

 

 

 

 

 

 

 

Well in that case, I would be saying that the fact they have cashed the money sent with the subject access request they have excepted your request for the data you requested.

 

Keep everthing in writing and do not talk to them over the phone at all..

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Thanks, i was on the understanding that if it was cashed they accept the request, but i was not surprised to see the "Prove It" letter in the post, i have not sent any confirmation as to who i am as i feel like i mentioned before they know full well who i am considering the phone calls i have and letters i keep receiving.

 

As i think the 40 days are up in the next few days what plan of action whould i now take with them...?

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Send them the non compliance warning letter.

Dont forget-a complaint to the ICO will need to be supported by their Comms to you (copies of) so the ICO will want to know why you didnt provide some proof of ID after they asked.

I know this is a pain in the A**


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks again Martin, the reason as i have said before is pretty straight forward, i have just counted last weeks letters and they add up to 4, plus the countless times they are trying to call on the landline...

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Thanks, i was on the understanding that if it was cashed they accept the request, but i was not surprised to see the "Prove It" letter in the post, i have not sent any confirmation as to who i am as i feel like i mentioned before they know full well who i am considering the phone calls i have and letters i keep receiving.

 

As i think the 40 days are up in the next few days what plan of action whould i now take with them...?

 

 

 

 

 

 

 

I believe you can take it up with the information commissioner.

 

Type that into your browser and it should take you to there site..

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Send them the non compliance warning letter.

Dont forget-a complaint to the ICO will need to be supported by their Comms to you (copies of) so the ICO will want to know why you didnt provide some proof of ID after they asked.

I know this is a pain in the A**

 

 

 

 

 

 

 

I would just say the fact that they had cashed the postal order is acceptance to me that they have accepted my request as the request with the money arrived together..

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I have really only had one or two stallers from my DPA requests-and have made prob 30 since 2006.

 

One was Citi Financial who insisted on filling in their form.

Of course I disregarded it.

They then went on to demand proof of ID AND Address despite me having docs and letters from them which equalled a Yellow pages.

 

But having studied the DPA I saw there was arguement there for them -so just sent a copy of the Electricity bill and passport.

 

They then complied within a matter of days.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Data Protection Act 1998 (c. 29)

 

see part II section 7


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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Thank you all for your help :)

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Little bit of an update...

 

Received a nice letter from TFC today stating they received my SAR last week!! (Interesting as i sent it via recorded delivery around the 7th June!)

 

They are still stalling with the request, asking for identity and stating that...

 

"We have received unsigned letters so we are unable to attempt to identify you by checking your signature, we need drving licence (For name purposes) and or Utility, bank statement showing my name and address"

 

The letter also states that the information (SAR) will be sent within 40 days from receipt of the information they have requested. (Name and signature).

 

So i do believe that the 40 days are now up and using this as a stalling tactic, for reasons not known to me.

 

I have sent them a letter last week stating that they are in no doubt as to who i am considering the letters i have been receiving from them.

 

Are they "allowed" to stall even more considering the P/O was cashed and now that the 40 days are up...?

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I raised the question of the signature on this thread regarding HSBC:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/268216-data-controller-hsbc.html

 

Here is a quote form someone:

I complained to the ICO, then got the info (a big box full of about 20,000 bits of toilet roll) within 5 days even though they never had my signature> The ICO upheld my complaint as well.

 

He made a complaint to the ICO about HSBC requesting additional information and a signature, which he didn't send and the ICO upheld his complaint.


“We believe Capital One Law takes privilege over UK Law” – Sven Lagerberg – Capital One.

-----------------

By supplying ALL the documents WILL NOT answer your questions but by supplying a SELECTIVE few will. – Jayne Sheenan – HSBC

------------------

Separate requests with a fee should be made to ALL relevant Data Controllers in an organisation. - Jayne Sheenan – HSBC

------------------

Our t&c's overrides ICO guidelines when reporting to CRA's - Karon A Bullock - Capital One

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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And the latest in the saga is...

 

The Data Controller has refused to send out all the information i requested back in June and has stated in a recent letter...

 

We have received your £10 and the information will be sent to the address we have on file. We will not enter further correspondence relating to this matter unless we receive the information we have requested.

(This being a signature to make my identity known and driving licence, passport or utility bill)

 

I sent them a letter with dates of all the letters they have sent me recently, e.g. Final Notice letter, Default £30 letter and one from their collections squad amongst many others, stating that they know full well who i am as they should not be sending out letters like this to an "unknown" address or client.

I know it is being a little stubborn, but they know who i am but seem to be not forthcoming in my request which has gone over the 40 day mark :(

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