Help needed please-Black Horse say OFT ruling does not apply

[un1boy]

Hi Perseus.

Sorry for the length of this post, but I hope everything in it will help you.

To address your situation step by step. Firstly they have refused to action a sar which is your legal obligation under section 7 of the the DPA (1998):

PART II

RIGHTS OF DATA SUBJECTS AND OTHERS

Right of access to personal data.

7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

(a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

(b) if that is the case, to be given by the data controller a description of-

(i) the personal data of which that individual is the data subject,

(ii) the purposes for which they are being or are to be processed, and

(iii) the recipients or classes of recipients to whom they are or may be disclosed,

© to have communicated to him in an intelligible form-

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data, and

(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

(2) A data controller is not obliged to supply any information under subsection (1) unless he has received-

(a) a request in writing, and

(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.

(3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

(4) Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless-

(a) the other individual has consented to the disclosure of the information to the person making the request, or

(b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual

 

Any breach of the requirements of the DPA are actually a criminal offence and I would make them aware of this. From what I can see you have given them a request in writing, along with the fee, which is a legal request from you to the Data Controller for a disclosure of your information. They have breached this.

As for your fee, they say it wasn’t included; if you can find the PO receipt, I would write back to them saying that the 40 days starts from your previous request as you have sent them a formal request under section 7 and they also had the fee.

In terms of claiming back charges – Black Horse provide credit, mainly in the form of loans for the purposes of Hired Purchase (HP) agreements. Any charges they have applied to these accounts are unlawful unless they represent the actual losses incurred by the lender (which, they obviously do not).

They are right in what they say about the OFT ruling not applying to their type of accounts, but someone posted the above and it is entirely correct:

The OFT ruling does not in fact say that the level of charge that they set at £12 is fair, they simply state that they will only become involved if the charges on credit cards are over £12.. It is a way of cutting down the complaints they recieve..lol. I would still challenge a charge of £12 but hey I have become a right moaning face since finding CAG..lol

But it is important to add that they also told the lenders to not just reduce them below the £12 mark, however many of them did. This is irrelevant however because until these companies provide a standard disclose detailing exactly how much it costs them when we go over limits etc, then any amount they charge is unlawful. I know of and have helped people to claim £12 charges back and each time they have won!

I would have to say, please don't listen to anything they say to try and put you off, as said above they will try anything.

Also have confidence in yourself - you are entitled to claim these charges back, and you are in the right forum.

I hope this helps a bit. Any questions, just post and we will all help you!!

[un1boy]

As far as I understand it, the date starts from when they receive the letter AND the fee, so it would start from when you send them the fee mate:

7. - (1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled-

(a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

(b) if that is the case, to be given by the data controller a description of-

(i) the personal data of which that individual is the data subject,

(ii) the purposes for which they are being or are to be processed, and

(iii) the recipients or classes of recipients to whom they are or may be disclosed,

© to have communicated to him in an intelligible form-

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data, and

(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

(2) A data controller is not obliged to supply any information under subsection (1) unless he has received-

(a) a request in writing, and

(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.

[un1boy]

Hi Perseus,

 

Any up date on this?

[un1boy]

Hey,

 

No probs, I know what you mean!!

 

Keep us updated....