Signature requested for SAR

[carriesue]

I requested a SAR from original creditor and have received a letter from them today acknowledging my receipt of £10.00 postal order but stating that the signature I provided does not match the one on their records.I only signed my name in capital letters. I have read through other posts which suggest using my signature but putting crosses through it. Is this correct please as I'm not sure if thy will accept this.

Many Thanks

[dx100uk]

you could also send a util bill

 

do they actually KNOW your sig?

 

dx

[cerberusalert]

If the OC is a bank you can arrange to pick up the documents at a local branch, anyone else you could send them this;

 

Dear Sir,

 

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 fullfilling my legal request.

 

If you still fail to comply to my legal request, I will have no other option than to complain to the Information Commissioners Office & if my complaint is upheld you could be liable to a £5000 penalty.

 

Yours,

Print name do not sign.

 

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

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=8861&d=1242456802

 

https://www.ico.gov.uk/Global/contact_us.aspx

[BRIGADIER2JCS]

There is no reason what so ever for with holding a signature on a SAR, it's pomtless this is a lawful request for information made under an act of Parliament,.

 

You expect the creditor to supply sensitive personal financial data on a printed name the bank is quite correct in asling for this!!

[cerberusalert]

This report is relevant;

 

Select committee on Trade and Industry minutes of evidence (1996 Legislative working party)

 

2. The working party looked at the legal issues regarding the terms document, writing, signature, instrument, and records of transactions and originality. The Government's current proposed legislation focuses particularly upon the issue of signature. The working party considered the leading case in English law on signature methods, Goodman -v- J Eban Limited. That decision established that:

 

2.1 mechanical signatures using rubber stamps, printing or typewriting were valid in english law;

2.2 a signature can be by a mark rather than a name as long as evidence can be given to identify the placer of the mark and the intention to sign; and

2.3 words other than a name can amount to a signature if the necessary intention to sign can be proven

 

Now although this working party was looking into the Electronics Commerce Bill it points to . .

 

Goodman v J Eban Ltd (1954)

 

A solicitor signed a solicitors bill with a rubber stamp which contained the name of the law firm. In the judgment it was determined that the rubber stamp was a valid signature, even though the Solicitors Act of 1932 required a solicitors bill to be signed; it was established that it is enough to demonstrate that the rubber stamp was affixed by the solicitor with the intention to sign the solicitor's bill.

 

So now taking the highlights above I go to:

 

Interpretations act 1978

 

Schedule 1

 

1973 c.37.

 

"Writing" includes typing, lithography, photography or other modes of representing or reproducing words in a visible form and expressions refering to writing can be construed accordingly

[BRIGADIER2JCS]

BUT does any of that realte to the request for personal data under the DPA 1998??????

[cerberusalert]

See the ICO's 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.

[BRIGADIER2JCS]

See the ICO's Data Protection Act Good Practice Notes.

Yes I have but having ''discussed'' the princples of the with others more learned than Imany time in the past I am inof the opinion that requireing a signature when requesting such data is a reasonable action.

[cerberusalert]

A signature actually proves nothing as no two are exactly the same + they can change considerably over the years. I know for a fact that mine is nothing like the one I opened my bank a/c with & banks don't seem to ask for specimen signatures periodically as they once did in the good old days when they actually were banks rather than the money making rackets they are now.

[BRIGADIER2JCS]

Agreed nor is mine the same as 50 years ago but there are still some very recogniseable characteristics, I am much for the belt and braces approach when it comes to DP, and would not like to think that my bank would release my data without proper care, as we know only too well those who wish to garner personal data for nefarious purposes but from experience they rarely have a signature.

[Let Them Knock]

Regardless of the rights and wrongs of providing a signature what I did was...

 

Sign with a slightly amended signature so that if it is subsequently copied (most unlikely I think on a SAR) you will know and be in an even stronger position.

[BRIGADIER2JCS]

Most unlikely with any lawful request documents, there were allegations some years ago regarding ''lifting of signatures'' not sure if this was ever prove, but I can only sya I've never seen happen in myexperience.,

[Old Cogger]

You could use the attached, and then mark your siggy so that only you know if it has been lifted, beggars belief that statements etc addressed to you are sent to you at an address (they therefore hope it is you) then when asked for SAR we must have a signature? well of course Data Protection works on both, they therefore send private info to you hoping you get it , will stop there as the system stinks.

[carriesue]

Many thanks for all your replies - interesting reading! I will send a response to include the ant-tampering signature box..

[carriesue]

Sorry - back again!

 

I am unable to copy the anti tamper strip.

 

Also forgot to mention that the O.C stated that th signature (written in caps) did not match their records and request that I send a copy of my passport or driving licence as they 'have a duty of confidentiality'.

 

They also state that the 40day time limit to provide the SAR does not start to run until thy receive the correct documentation- is this correct please?

[dx100uk]

just sign it

 

inc a copy of a util or ctax bill.

 

40 days from then yes.

 

dx

[cerberusalert]

They also state that the 40day time limit to provide the SAR does not start to run until thy receive th correct documentation- is this correct please?

It starts from when they received your request, it does not give them any leeway.

[Old Cogger]

Just sign it and make a distinguishing mark within it if you are worried only known to you.

[carriesue]

Thank you

-I have limited access to the internet as use the library facilities

- so sorry for the delayed appreciation of everyone's help.

 

Have done as you suggested but OC states that 40day period STARTS from when they received my signature- not from when they received my SAR.

Would appreciate some assistance as to replying to them

[BRIGADIER2JCS]

I think you should allow them that lee way, the would have acted immediately had a signature been provided!