Sar

[The GodMother]

IS there a SAR available for OCs that are not banks?

 

I have seen the bank one but i am thinking some of this does not apply if one is not available could i just adapt the CPR to make it a SAR request?

[foolishgirl]

Not seen a template on here but I've sent this as mine. You're welcome to use it:

 

 

Subject Access Request under the Data Protection Act 1998.

Please supply me with a complete list of transactions and charges relating to my credit card history with xxxxxx . Alternatively, a complete set of statements that include all transactions, late payment fees, over limit fees, all interest & charges for that period will be acceptable. In addition please supply copies of any default notices issued in this period & any other documentation or information pertaining to me that you hold in your records.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, 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 business with your company.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

 

If this account has been sold or otherwise transferred to another organisation for administration or recovery please supply details of the sums notified by xxxx to any such organisation & a signed true copy of the Notice of Assignment. Please state whether this was absolute or equitable.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

[bobneedhelp]

is there a S.A.R. NOT for banks - I need to send one to a dca? anyone can help please.

thanks.

bobneedhelp

[The GodMother]

yes look above

[sheilaanne]

Hi, when you get the response from them, probably photocopies of all statements and a photcopy of the application and phtocopy of the CCA, check every piece of paper for the signed and dated CCA because it seems without it, they can't enforce the debt! Then you have a much stronger basis for negotiating - I found all this on this site! If this is not included, then it is highly likely they don't have the original, so good luck!

[The GodMother]

no one has sent a cca with a sar when i recieve the docs from my sar requests.

[sheilaanne]

It might be worth your while writing to ask for it - this is what I did on advice from here and received a photocopy of the original application and a photocopy of T&Cs which had the higher credit limit in it - not the one applicable when RBS Advanta changed to MINT. This indicates to me that people in the office will 'doctor' paperwork which I find incredible, but it is not the copy of the signed CCA and indicates they don't have it. It appears that without being able to produce the signed cca in court, the debt collector/'bank has a much weaker case, some say unenforceable. I don't know but I do think it makes you have a much stronger case for negotiating either a smaller monthly sum or F&F settlement, funds permitting, good luck

[The GodMother]

Yes i got ll copys of the alleged agreement / non agreements/ application form last year now waiting on the SAR requests.

 

I am not offering ppl F+Fs at the moments they can just wait. Some ppl have not complied with a simple SAR request properly.

[yourbank]

This is what the ICO say on subject access request. 6th page into it, there is an example of a SAR letter

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

[The GodMother]

I have that thanks your bank.

[Kkconfused]

Just out of interest at the moment, if you do get all the paperwork, but no CCA, or one which doesn't meet the terms and conditions, (I'm still getting to grips with what one has to show!), is there a template letter anywhere which you would send telling the DCA you don't think they have the right to enforce the debt?

Thanks

 

K.

[The GodMother]

yep you can have a GM special.

 

Dear Morons.

 

Acc number XXXXXXXXXXX

Re My CCA request.

 

Thank you for your letter dated XXXXXX contents of which have been noted.

 

I am happy to tell you that you have sent me a unenforcable agreement that looks like you have just put 2 parts together to make it look enforcable. Also the the top piece clearly states application form and has not prescribed terms on it.

 

As a result i am not going to be paying you anything unless you can provide me with the documentation i have asked for.

 

Hope this clarifies the matter and if you have any further questions please feel to WRITE to me at the above mentioned address.

 

Yours.

Print dont sign send by RD at least.

 

GM

Edited October 8, 2008 by The GodMother
adding letter.

[The GodMother]

This is the SAR i have used make any alterations necessary

 

Data Protection Act 1998

Subject Access Request

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBERS: xxxxxxxx and xxxxxxxx-x

 

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

 

The following is by no means an exhaustive list but in the main this is what I require.

 

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, all records you hold on me relevant to these accounts, including but not limited to:

 

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the accounts.

 

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

 

3. Where there has been any event in my account history over this period which has required manual intervention by any person, 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 account. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

 

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

 

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

 

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

7. Specific details of the fees/charges levied by any other agency in respect of these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

 

9. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

10. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

11. A copy of all account statements for the duration of the agreement.

 

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

 

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

 

Any Other information relating to these accounts

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

 

Yours faithfully

BLAH

Print dont sign send by AT LEAST recorded delivery.

Info supplied by Sharpman and the ICO

A full Subject Access Request should contain all of the following documents:- (Taken from 'DATA PROTECTION ACT - SUBJECT ACCESS - A GUIDE FOR DATA SUBJECTS - Pamphlet No2')

[jo5ephedward5]

can you ask for any information with a SAR - i want a copy of everything on my file held with HSBC...

 

...i've heard people mention full disclosure but i'm unsure as to what that actually is [although would assuume its everything - if so can it be requested using the SAR template but asking for everything?]

 

Cheers

[The GodMother]

yes a full disclosure is a SAR. yes u can ask for it in your SAR request.

[GlenW]

Why are we advised not to sign a S.A.R.?

[lexis200]

Why are we advised not to sign a S.A.R.?

 

It's advisable not to sign anything you send to the bank/DCA with your actual signature in order to avoid any temptation they may have to 'Blue Peter' documents to make it look as though you agree to them.

 

This is very important if you're asking for your agreement under the CCA1974, as you really don't want them to be able to turn up a signed, enforceable agreement if there wasn't one to begin with.

 

Some people print rather than sign, others change their signatures (add in letters, make it very different etc) to stump them, or print a background box with colours/patterns to make the possibility of photoshopping very tricky. I like to use a digital version as it means I don't forget and accidentally use my own sig. I use this site if you want to have a look - vLetter Free Font Demo Online - Try Our Real Cursive Handwriting Fonts

 

Not that anyone's suggesting banks/DCA's may be underhand enough to cheat at this sort of thing of course...

[angel_1]

hiya GM

ive used the majority of your letter in post 13 and just added more personal stuff in there for myself,

 

thanks fab letter, and i will also have a look at what you have given too

 

lexis thanks on that,

 

ciao for now maz

[tut1979]

I stumbled across this site by doing my research on google regarding welcome car repossesion and was amazed by the quality of the information in the case of caz1967. I presume i am in the same position as well and certainly would like to follow the same procedure.

[supasnooper]

I stumbled across this site by doing my research on google regarding welcome car repossesion and was amazed by the quality of the information in the case of caz1967. I presume i am in the same position as well and certainly would like to follow the same procedure.

 

Hi there, welcome to CAG.

 

Why not post your problem in the appropriate section giving as much detail as possible ( omitting any personal info which may identify you ) and you should receive advice that is specific for you.

[studentatou]

Possibly a silly question but do you SAR the OC or the dca or both?

[bobneedhelp]

Studentatou,

From what I understand, SAR the OC if you know the Original Creditor. Otherwise, SAR the dca.

 

Do double check with others more experience CAG members before sending this letter. Best of Luck.

 

BNH

[studentatou]

Thanks BNH.

 

The dca has sent a copy of the agreement so I have the oc's address on there. It was just a question as the statement provided by the dca do not have details as to what charges are for and some periodic payments which weren't made by myself. Wanted to make sure I could still SAR the oc, as if you only sar the dca there isn't much point.

[tut1979]

pls where will i find the appropriate section i need help fast

[A+]

I have a quick question about S.A.R.

What are the rules on who is obliged to respond to a SAR?

I have problem with a VERY SMALL Limited Company, aside from my creditor problems. This is a one man band (or maybe 2) business, but i need to see all data they hold about me. Can i SAR any limited company or only finance companies?

Thanks