Subject Access Request

[JMCDJ]

Hi, I was hoping someone would be able to help.

 

As you may or may not have seen from a previous post, I have been having a lot of trouble with my mobile phone operator.

 

On 25th October 2013 I sent a subject access request, asking for the following information:

 

• The original signed, executed credit agreement/s and any terms and conditions that were applied to my account at the time my account/s was/were opened.

• Where there has been any event during my account/s history which has required manual intervention by any person. I require disclosure of any indication or notes which have either caused or resulted in the said manual intervention, or other evidence of that manual intervention in relation to my account.

• Documentation relating to any insurance added to the account/s, including insurance terms and conditions, dates insurance was added and removed.

• A list of third party data as per the Data Protection Act 1988.

• Copies of all statements for the entire duration of the credit agreement/s.

• A list of phone masts installed or removed within a 25 mile radius of SE7 8UH within the particular term of my contract/s with you that are used by Orange/EE.

 

On 23rd November 2013 I received the following:

 

1) itemised breakdown of phone usage

2) notes of manual intervention on account

3) copy of statements from May 2013 - November 2013

 

In accordance to the Data Protection Act 1998, EE have failed to provide me with:

 

1) The original signed, executed credit agreement/s and any terms and conditions that were applied to my account at the time my account/s was/were opened.

2) Documentation relating to any insurance added to the account/s, including insurance terms and conditions, dates insurance was added and removed.

3) A list of third party data as per the Data Protection Act 1988.

4) A list of phone masts installed or removed within a 25 mile radius of SE7 8UH within the particular term of my contract/s with you that are used by Orange/EE.

 

 

As EE have failed to provide me with the above requested documentation within 40 days as requested, are EE subsequently in breach of the Data Protection Act 1998? If so, what would the options available to me be?

 

I will obviously write again, as EE still have until the 4th December to provide me with the remaining data, but I am doubtful they will.

 

Many thanks

 

J

[The Mould]

Hi, I was hoping someone would be able to help.

 

As you may or may not have seen from a previous post, I have been having a lot of trouble with my mobile phone operator.

 

On 25th October 2013 I sent a subject access request, asking for the following information:

 

• The original signed, executed credit agreement/s and any terms and conditions that were applied to my account at the time my account/s was/were opened.

• Where there has been any event during my account/s history which has required manual intervention by any person. I require disclosure of any indication or notes which have either caused or resulted in the said manual intervention, or other evidence of that manual intervention in relation to my account.

• Documentation relating to any insurance added to the account/s, including insurance terms and conditions, dates insurance was added and removed.

• A list of third party data as per the Data Protection Act 1988.

• Copies of all statements for the entire duration of the credit agreement/s.

• A list of phone masts installed or removed within a 25 mile radius of SE7 8UH within the particular term of my contract/s with you that are used by Orange/EE.

 

On 23rd November 2013 I received the following:

 

1) itemised breakdown of phone usage

2) notes of manual intervention on account

3) copy of statements from May 2013 - November 2013

 

In accordance to the Data Protection Act 1998, EE have failed to provide me with:

 

1) The original signed, executed credit agreement/s and any terms and conditions that were applied to my account at the time my account/s was/were opened.

2) Documentation relating to any insurance added to the account/s, including insurance terms and conditions, dates insurance was added and removed.

3) A list of third party data as per the Data Protection Act 1988.

4) A list of phone masts installed or removed within a 25 mile radius of SE7 8UH within the particular term of my contract/s with you that are used by Orange/EE.

 

 

As EE have failed to provide me with the above requested documentation within 40 days as requested, are EE subsequently in breach of the Data Protection Act 1998? If so, what would the options available to me be?

 

I will obviously write again, as EE still have until the 4th December to provide me with the remaining data, but I am doubtful they will.

 

Many thanks

 

J

 

http://www.legislation.gov.uk/ukpga/1998/29/section/10

 

If you wish to, be supplied with a copy of the original agreement,then I believe you must make a s.77/78 Request pursuant to consumer credit act1974 (as amended) - fee is £1.00.

As regards the other “failures” to which you allege, I would suggest that you take your complaintin this respect to the highest level in the company – the CEO’s office and the Chaiman’s office andbypass the minions who are beneath them.

Kind regards

The Mould

Edited November 23, 2013 by ims21

[ims21]

Bear in mind that there is no credit agreement for a mobile phone contract, it is a service agreement so a CCA request will be of no use.

 

The information about the masts that they out up is not classed as personal data so does not need to be supplied.

 

As far as insurances go then details will only be provided if they fall within the realms of "Personal Data". Do you know whether insurance was applied or are you trying to find out?

 

What do you mean by "Third Party Data"?

 

If you feel you are missing some information then you can send the "Failed SAR" letter from the CAG library and be specific about what personal data is missing.

[Dottypoppy]

ims21, if there is no credit agreement contract, does this mean is it legal then? surely no credit agreement = no payments?

[ims21]

ims21, if there is no credit agreement contract, does this mean is it legal then? surely no credit agreement = no payments?

 

Mobile phone contracts are not credit agreements covered by the Consumer Credit Act and so a CCA request under S77-79 of that act are not appropriate.

[mjt2013]

ims21, if there is no credit agreement contract, does this mean is it legal then? surely no credit agreement = no payments?

 

The law is a bit more sophisticated than that!

[Dottypoppy]

Wouldnt it be nice if everyfing came dwn to that - simple piece of paper