SAR Request

[wheresmyhairgone]

Sorry if i have posted this in wrong section. Just a quick question.

 

If i send a SAR to a credit card company, should they send the original agreement or do i have to send a CCA request also?

[BRIGADIER2JCS]

There is much argument about this I recently asked the ICO for a definitive

answer to this and there is not one.

It depends on the view of the data controller as

to what is personal data, the can supply, they

may not supply it and may direct you sect 77/78 of CCA 1974.

I suggest doing both.

[wheresmyhairgone]

Ok Thanks

I should of mentioned that this is now with a DCA, but after reading some threads it seems if you send a CCA to the DCA ( lol i think there could be a song there) they usualy write back saying they will ask the originator for it.

 

Do you think its better to send the CCA to the credit company or the DCA?

[BRIGADIER2JCS]

Always the CCA goes to the DCA, the SAR to the original creditor,

when debts are sold it is with the minimum of data so if the agreement

has not been included then they must pass the request on.

[wheresmyhairgone]

Thank You Brigadier

As usual you have been a great help.

[wheresmyhairgone]

Hi again

Need some help again.

 

I have been looking for an address to send my SAR to, the credit card was with MARBLES. Does anyone know the address to send the SAR or point me in the right direction please?

[Guest]

my view is that an original agreement would be personal data as defined as ordinarily it would be a document in a relevant filing system etc with a persons name/address etc on it, ie identifiable+related. as the ico say themselves; post #193 here http://www.consumeractiongroup.co.uk/forum/showthread.php?305755-Robinson-Way-\-Harwich-Farrelly-issue&p=3586658#post3586658

personal_data_flowchart_v1_with_preface001.pdf

ironically, a cca request does not now require that an actual copy of an original agreement be provided even if there is one (whereas a sar would!). a reconstitution would suffice provided it is accurate. (although it would seem unreasonable under a cca request not to send an actual copy if they have one. and they usually do if there is one. and under a sar there would not be the same effect following non compliance) but, yes one should be sent if there is one.

Edited April 29, 2012 by Ford

[BRIGADIER2JCS]

The ICOs reply for a ''definitive'' answer was basically there is not one.

[Bang!]

So would a SAR to a DCA only be of use to show harassment/dates/ownership/who sold to them?

Or are there any other uses?

Would I also be right in saying given the nature of DCAs they would be very economic with details in their reply?

[BRIGADIER2JCS]

Generally a total waste of time.

[Bang!]

thanks

[Guest]

The ICOs reply for a ''definitive'' answer was basically there is not one.

 

yes, you said.

 

seems clear to me that it would be p data, following the ICO's own technical guidance/flow chart re 'personal data' linked above. (of course, if a particular original 'agreement' is not 'identifiable' eg (which is unlikely), then it would not be data as defined subject to a sar! not much odds though, as if there is one it will usually be sent at some point in either case)

Edited April 30, 2012 by Ford