Template letter required please

[tooblueskies]

Hi,

 

Does anyone have a template letter I can send to a DCA asking them to either provide the requested info (eg documents, agreement, proof of debt etc) or remove an outstanding debt search they placed on my credit file?

 

They have had many months to provide this information but I want to force them to provide the legally required information or remove it once and for all but I dont know how to word it. I also rang the organisation concerned quoting my postcode as it was then to try and get more info but my postcode was "invalid". They said they would need more information eg account number in order to attempt to trace (which of course the DCA is not giving). I have all three of my credit reports and there is no mention of defaults/balances outstanding.

 

I'm also not happy that the DCA placed the search on my file BEFORE contacting me and without my permission as I had not applied for credit at the time of their search.

 

I also want to mention in the letter the legal Acts that have they breached by doing this - could you mention these in the template as well please?

 

Which bodies can I report them to apart from the Information Commissioner?

 

Thanks in advance.

Edited February 13, 2009 by tooblueskies

[PGH7447]

Subject Access Request - Consumer Wiki

 

Use this but amend it to say what you are after, it costs £10 and they have 40 days to respond

 

you can report them to TS and the OFT

[tooblueskies]

Thanks PGH,

 

It relates to a mail order co. So is it the second one I amend and send to the DCA?

[PGH7447]

yep that will do

[tooblueskies]

Much appreciated... I just want to get to the bottom of this, whatever it is.

 

Sorry, whats the time limit for a response from them to the second letter?

[PGH7447]

40 days

[tooblueskies]

Letter now ready to send.

 

My query is with regard to signature.. even if a line was to be placed through my normal signature doesnt that mean it can still be easily illegally copied with enough time?

 

Wouldnt it be better to just put a scribble instead and not my usual signature? I'm just worried that it will somehow be copied and miraculously appear elsewhere!

[PGH7447]

just strike through, in a different colour, it is then almost impossible to lift it

[tooblueskies]

Ok, my SAR has not been responded to and they have run out of time. I have proof of delivery (Recorded delivery signature) but dont know yet if my postal order has been cashed.

 

The reason for the SAR was for the DCA to provide me with any info they have (or haven't) about me as to why they marked by credit file as they have not provided any info to date.

 

Who should I report a non-compliance of a SAR to please and can this be done on-line?

 

Is there a standard letter I should use as I'm not sure what to say.

 

 

Thanks.

[midge61]

hi

 

you can put a complaint in to the Information Commissioner via the internet.

[tooblueskies]

Ok, I read the Information Commissioner website and it says you have to give them (in this case a DCA) the chance to put stuff right - in my case they have not complied with my SAR (been 2 months now).

 

Do I just send a letter to the DCA reminding them (I've drafted a straight forward one in my own words) or should I just send a simple non-compliance complaint NOW to the Information Commissioner?

 

I just dont want the IC to respond to me by saying "give them a chance/reminder to comply" as that will take longer.

 

For info, I want to see what documents the DCA have to substantiate marking my credit file with "outstanding debt" as they haven't been forthcoming with anything so far.

 

Thanks.

[tooblueskies]

Anyone?

[saintly_1]

Have you sent the non compliance letter ?

 

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/129-data-protection-act-non-compliance-template-letters-.html

[tooblueskies]

Thanks.. but I cant see the one that actually deals with non-compliance of a SAR.

 

I havent sent my draft to the DCA yet as I wasnt sure. I dont know whether they have cashed the Postal Order as the post office say its a long winded process to ascertain whether its been cashed. I have signature proof they received my letter though.

Edited April 21, 2009 by tooblueskies

[saintly_1]

Click on the link then scroll down its letter 3

 

The signature is all thats needed to start the clock ticking on the 40 days

[tooblueskies]

You mean the letter before action? I dont think this applies to me as its not a bank its a DCA, I have no schedules etc - they dont have any of my money. The SAR I sent just requested documents, any info about me etc.

 

The DCA aren't aware that I know they marked my file as I haven't requested removal as I know they AND the credit reference agency will only say "its correct" without giving proof.

 

By doing a SAR I will prove they have no info to substantiate their outstanding debt mark on my file and have just placed it there to make me pay money for something that doesn't exist (especially as I've NEVER been contacted by anyone chasing an alleged "debt").

[saintly_1]

But they haven't complied with your SAR request ......... the LBA is for non compliance of the SAR irrespective of it being to a DCA ...... You are telling them that if they do not comply you will take them to court to force them to comply

[tooblueskies]

Ok, I've found it now. Have just amended and will send tomorrow.

 

Thank you.

[tooblueskies]

Ok, I've been ignored by the DCA re the above but I have now have proof (twice) that my two letters have been received.

 

Can anyone give me a realistic idea of the likely costs of my initiating court action against a DCA for not complying with a Subject Access Request please?

 

Do I have to buy the Lawpack Smalls Claims Kit on here for £10.99 and is it a simple process?

 

Is this something I can do on my own without instructing solicitors etc?

[tooblueskies]

Update: They have now asked me to send them ID and say the 40 days will commence from the date they receive my identification.

 

What a cheek! - they received my initial SAR on the 17th Feb and only NOW are asking me to verify my identity!

 

Plus, this is the first time they have asked me to identify myself throughout all our correspondence... so this tells me they are not confident as to who I am anyway!

 

As well as not being sure of who I am, they have still failed to provide the required info within the stipulated time limits... can someone confirm this?

 

Can anyone experienced in dealing with these cowboys have any idea as to how I should proceed now?

[tooblueskies]

I was reading up about the small claims stuff on this site but it talks about claims in respect of bank charges... my situation isn't about bank charges, its about the DCA providing the information as legally required.

 

Can anyone advise please and give me an idea of the likely costs involved if I were to report them to a court?

 

I'm not sure what to do next.

 

Thanks.

[clemma]

Update: They have now asked me to send them ID and say the 40 days will commence from the date they receive my identification.

 

What a cheek! - they received my initial SAR on the 17th Feb and only NOW are asking me to verify my identity!

 

Plus, this is the first time they have asked me to identify myself throughout all our correspondence... so this tells me they are not confident as to who I am anyway!

 

As well as not being sure of who I am, they have still failed to provide the required info within the stipulated time limits... can someone confirm this?

 

Can anyone experienced in dealing with these cowboys have any idea as to how I should proceed now?

 

 

They can ask you to provide ID for a SAR. I recommend sending a copy of your passport/driving licence but put crosses through your signature.

 

I am pretty sure they are wrong about the 40 days starting from when they receive your ID. I'm sure it starts from the day they receive your letter. Someone else will be able to clarify better than me though.

[tooblueskies]

I dont really want to give them any ID as I believe they don't have any concrete info about me apart from my name and address. This is the reason my requesting a SAR initially.

 

Can't I do anything else apart from giving them ID (I really dont trust them AT ALL) given that THEY are in default of my SAR given that it was February when they received it?

[cerberusalert]

Get someone else to sign it for you then if that signature eventually appears on anything it shouldn't you can be certain you didn't sign it.

[tooblueskies]

They have asked for two forms of id (one of them photographic)

 

Photographic:

 

eg travel pass, passport, work ID, passport, proof of age card

 

Also one from this group:

 

driving licence, pension book, utilities bill, council tax bill, bank statement.

 

Which would be best ones to send? I'm just worried I'm giving them too much info about me by providing ID.

 

I dont have any bills in my name and its not my property.

 

Is there anything I can do about them replying AFTER the 40 days?