FLWLSW v Nationwide

[FLWLSW]

My partner took out a loan with Nationwide in 2008 for £9,999.75 which has been repaid in full. At the time he was told he must take out PPI or the loan may not be given.

We dont have much documentation as it was all shredded when the loan was repaid ( Duh) so i have downloaded the SAR template and will be sending it to them first thing Monday morning 16/05/2011 by signed for post, complete with a £10 postal order

 

When do the 40 days compliance time start?

 

thanks in advance

[citizenB]

My partner took out a loan with Nationwide in 2008 for £9,999.75 which has been repaid in full. At the time he was told he must take out PPI or the loan may not be given.

We dont have much documentation as it was all shredded when the loan was repaid ( Duh) so i have downloaded the SAR template and will be sending it to them first thing Monday morning 16/05/2011 by signed for post, complete with a £10 postal order

 

When do the 40 days compliance time start?

thanks in advance

 

From the time they receive your Request..

 

so to ensure you can check receipt, send either by Recorded or Special Delivery if you can afford it. Keep the receipt and check on RM track n trace website for confirmation of receipt and download the signature.

 

Sometimes Banks can be a bit obstructive and will ask for more information in order for you to identify you. If they have been in fairly regular contact with you, then this is just a stalling tactic, but you do need to provide the information in order to confirm who you are. Do let us know what they ask for though because some information they arent entitled to.

 

If they request further information.. then it should be done in a timely manner and not on the 39th day.. 5 days from receipt is reasonable. Then the clock starts ticking from the time they receive that information... so again you will need to send it via a tracked method.

[FLWLSW]

Hi all

 

So i posted the SAR to the registered Nationwide head office in St Albans on Tuesday morning by special delivery, the letter was returned to us today marked *Gone Away*.

 

Ive checked the head office address and its exactly the same as the one i sent the SAR to. So what now? anyone any idea what to do next please?

 

Thanks in advance and thank you CitizenB for your reply

 

Flick

[ims21]

Try this one

 

Nationwide House, Pipers Way, Swindon SN38 1NW

 

Just got it from their web site

 

ims

[FLWLSW]

Thanks Ims

 

Il amend the letter and resend

[FLWLSW]

Just to add, the SAR request has been sent today via special delivery. According to the internet, the initial address i sent the SAR to is still active despite the Royal mail saying the occupants of the building have *gone away*...i just think this is a bit fishy!

[FLWLSW]

So, update time:

 

I received a reply to my SAR. They have basically asked for specific account information and asked me to sign a form to verify my identity, giving me a 14 day deadline - i received something along similar lines from HSBC, so with the help of the good people here, this letter was drafted in response

 

 

Dear XXXXXX XXXX

 

 

Reference Number XXXXXXXXX

 

Thank you for your letter dated 1st June 2011, the contents of which have been noted.

 

Frankly I am astonished that an organisation such as yours is not, apparently, aware of what is required of you in response to a Subject access request under the Data Protection Act 1998.

 

In your letter dated 1st June 2011 you ask me to outline my reasons for the request. I remind you that I am under no obligation to provide reasons and therefore will not be giving such. Suffice it to say that I require information concerning ALL of my dealings with your organisation in any shape or form.

 

What I did ask for, and indeed still require, are details of any event in my account history over the entire period of my dealings with your organisation, which has required manual intervention by any member of your staff, or any other person, and where such intervention has taken place, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you. It matters not to me whether these records are held on computer, microfiche, slates and chalk or engraved in copper plates with a burin, copies should be provided in accordance with my Subject Access Request.

 

I also have to point out that my original request requires you to provide ALL and ANY information you hold on me for the entire period of my dealing with you and is not just limited to the account numbers at the head of the request, but applies to ALL accounts I have ever held with your organisation.

 

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 fulfilling my legal request.

 

If you still fail to comply with my legal request, I will have no other option than to complain to the Information Commissioners Office.

 

There is no requirement for me to complete the form you sent me, the Subject Access Request is quite clear and explicit as to what I require.

 

Finally, should I not receive ALL of the information I require and which has been properly requested under the Data Protection Act 1998 in the attached Subject Access Request I shall be reporting your organisation together with the name of your Data Controller to the various authorities and reserve the right to take court action to force compliance together with damages at the court’s discretion.

 

Yours faithfully

 

FLWLSW

 

........................................

 

This will be sent tomorrow by registered post - il keep the thread updated, personally i think they are having a laugh

 

Flick xxx

[citizenB]

HSBC are always on the lookout for ways to avoid their obligations in respect of SAR

 

Nice letter BTW

[FLWLSW]

i can only copy and paste, yourself and Ims have done the hard work, which we very much appreciate. Nationwide building society are also trying the same tactic, there is an amended version of this letter on my other thread, that is also being sent first thing

[FLWLSW]

No reply from Nationwide so far, what can i do now?

 

thanks in advance xxxx

[ims21]

Hi Flick

 

Same as my response in your HSBC thread (Just saves me typing the reply again)

 

ims

[FLWLSW]

brill Ims thanks, i thought the reply would be the same, im just trying to keep everything updated. Il update again when i fire off the next letter, thanks again

Flick x