Fox V Citi SAR

[silverfox1961]

Morning,

 

I'm sorry about this but I posted these on my other thread (probs with Citi address) but after a think, I thought it would be better on a thread of its own.

Bit of background.

4/3 SAR sent

9/4 letter from citi asking for proof of address

14/4 response sent

27/4 further letter sent as no response

5/5 another letter sent to different address as no response

20/4 LBA/ Complaint sent to Citi head office.

 

This is what I got back yesterday

 

 

 

In the first letter they uphold my complaint.Whoo bloody hoo. What have they done about it. They don't say. They go to say the complaint is closed and if I'm not satisfied I could go to the FLA. After reading about them, I don't think I'll bother.

 

It's the second letter that gets me.

All they sent was my statements and copies of the letters I sent them recently. Nothing from when I contacted them in 2003/4.

 

No screenshots

No NOA

No Termination letter

No DN

NO T's & C's

No agreement.

 

The thing is, where do I go from here. Non compliance letter?

 

At least I can go to Cabot and tell them to bog off as they don't have the right to be collecting.

 

Any support would be welcome

 

fox

[sam614]

id go for non compliance.

my sis only received scant details in her sar,no df notice/termination notice.

she called ICO and they told her to write again stating what was missing.give them 14 days to respond or a complaint would be given to ICO.

 

RECIEVED THEM WITHIN 5 DAYS.

default notice was crap...me thinks that was why it was not sent.

SAM:pLOWELL DETESTER

[silverfox1961]

Thanks Sam,

 

That was my thinking but just needed confirmation.

How they get away with this is beyond me.

[sam614]

agreed.

after her for 3k

as default notice was crap and they terminated they were only entitled to £600 arrears:D

they did have enforcable cca.

 

informed them of their mistake on df

suggested that they take her to court for the full 3k or come to repayment terms for the £600.she heard nothing back for 18month

 

then a introduction letter from worst credit as new owners demanding £600:rolleyes:

tied them up for 6 weeks with prove it and cca.recieved several court threats from 1st

then a f&f for £350

I called them and got it down to £180..got it in writting and payed up.

 

am convinced that they knew about the DF

 

 

get your letter off.

SAM:pLOWELL DETESTER

[silverfox1961]

That's brilliant, well done.

 

My Citi debt was for nearly £600 but that had £250 of charges on it and I've paid £160 to Cabot so they can swing for the rest (and that's if they ever get a valid CCA) as Citi can't find an agreement with the account number I gave them.

 

I'll do non compliance letter today and get it posted sometime in the next few days.

 

fox

[silverfox1961]

Got another letter from Citi today thanking me for letting them know of my new address and they will update my account with the new details.

 

ERRMM, What account?? They sold it to Cabot in 2006.

 

Am I missing something here

 

fox

[silverfox1961]

Morning all,

 

Having gone through the meagre paperwork sent me by Citi, I've done this letter.

 

Dear Sir/Madam,

I am in receipt of your letter dated 2 June 2009. The contents are noted.

 

 

You have not complied with my Data Protection Act Subject Access Request.

On 4 March I sent you a request for all the information you hold about me. By sending statements and copies of my recent letters to you does not fulfil your requirements.

 

 

You have stated that you cannot find the agreement with the account number I have given you. As it was the account number you gave me, I find it confusing that you cannot supply me with the agreement. Will you please confirm that you will supply the agreement or a statement confirming that you do not have a copy of this important document. Similarly, Terms and Conditions of any agreement form an integral part of said agreement and therefore, you should enclose them.

 

 

You have not supplied transcripts of any telephone calls made to you. Could you please state you either will include these transcripts or a statement that you do not hold any of this information.

 

 

You have not supplied evidence of any manual intervention on this account. The easiest way to do this is to supply me with the screenshots of my account from your computer. Please confirm you will do this or state that you no longer hold this information. As you should be aware, you are required to hold financial information for a period of six years from closure of any account therefore, if you confirm you don't have this information, I may report this breach to the relevant authorities.

 

 

You have not supplied me with a copy of the Default Notice you are required to send me before closing an account. I can categorically state that I have never received any Default Notice from you.

 

 

You have not supplied me with a copy of an account termination letter.

 

 

 

 

You have not supplied me with a valid Notice of Assignment when you transferred this account to Cabot Financial. As you are aware, any Notice of Assignment needs to delivered to a debtor before a new creditor takes over an account and if not hand delivered, must be sent by trackable post (Law of Property Act 1925 s196(4) ) I can state that I have never received a Notice of Assignment from you OR from Cabot Financial. I ask therefore that you state when and how this letter was sent with corresponding proof of delivery.

 

 

You have not supplied me with a copies of the letters I sent you between October 2003 and February/March 2004.

 

 

You have not supplied me with a complete list of who you have shared my personal information with. Please do so.

 

 

In your letter you state that s7(1) ( c) of the DPA 1998 only requires you to provide a copy of the information constituting any personal data, not the actual document on which the personal information is recorded. Firstly, Section 7 (1) ( c) does not say that. I quote

 

 

7( c) to have communicated to him in an intelligible form

 

1. 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
   

 






 

 

Secondly, you stated that you have enclosed a copy of the information on the agreement/application form. You have not included anything other that the statements of my account and the most recent letters I sent you. Perhaps you could clear up the obvious confusion.

 

 

Considering that you have had my original request from 5th March 2009 and it took you almost a month to write back asking me for proof of my address and the took a further two months to reply to respond to my other letters and one complaint, I fell that you have had more than enough time to fulfil my request. I am however willing to allow you a further 14 days from receipt of this letter to comply with my wishes.

 

 

 

 

Should you not respond within my timescales, I will serve you with a Letter Before Action giving you a final opportunity to resolve my case and file a complaint with the Information Commissioner.

 

 

If you fail to respond to my Letter Before Action, I will cease all correspondence with you and file a claim with my local county court asking them to force compliance in addition to my costs at the discretion of the court.

 

 

Should you not understand the implications of this letter, please hand it to a grown up or at least someone with the mental acuity to understand what I am asking of you. :D:D

 

 

Yours Faithfully

The fox that will be chomping at your heels

 

 

Could anyone say whether that is good to go or should I edit it a bit. I do go on a bit. Any other advise would be welcome.

 

Thanks

 

Fox



1. 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 involved in that decision making.
   

[sam614]

:Dget chomping.

try edit a little you same as me lol.

26 paragraphs when 6 would do:)

 

try you have not supplied me with the following then list it all

good letter though should grab their attention.

SAM:pLOWELL DETESTER

[silverfox1961]

Thanks Sam, I will edit it slightly before it goes in the post tomorrow.

I sometimes feel these people(loosely called) don't understand the rules that govern their job and need reminding.

 

I'm not going to stand any pi**ing about like CRAP1 have done so the clock starts once they get the letter and I'm not going to be generous with the time either.

 

Cheers:-)

 

fox

[Enron]

Oh Citi will mess you about, if you wanted a quick resolution you won't get it unfortunately.

 

That said fight away, because these institutions need to know that rules, regulations and law are there for a purpose, and that no bank is above them.

[Enron]

The New York Crank: Citibank thanks America for filling its begging bowl with a royal one finger salute. And Congress snores when it should regulate interest rates.

[silverfox1961]

Thanks for posting Enron.

 

I think the Government should legislate that the rip-off companies should have an apr of no more than 8% above base rate with a maximum of say, 18% when the economy goes t*ts up and inflation goes up.

I saw your other link about the collapse of Enron in the US and how Citibank were complicit in the fraud. It's a disgrace:mad:

[Enron]

The Republic Of Ireland regulated its interest rates a couple of years ago, barring companies from charging anymore than 20% - at which point from memory Citi withdrew its operataions from the country.

 

It does need to be regulated here as you have some companies charging 100%-1000% percent, but the banks have alot of power and influence here, so unfortunately something we won't see anytime soon.

[silverfox1961]

Well, posted the non compliance letter today plus a letter to their customer relations office( or non-relations) re: my complaint.

I wonder, As both departments are in the same building (different postcodes) and as the letters I sent reminding them of my SAR got "lost", will the same thing happen with customer non relations. Watch this space.

[sam614]

I dont think they will dare to lose them

me thinks they will brick it at the mention of ICO

and trip over their feet to comply:)

SAM:pLOWELL DETESTER

[mysticpols06]

Nice one fox - Understand what you saying about wanting to put it all in very simple terms or repeatedly for the sods - it does make you feel like you having to explain all to a 2 yr old (& thats insulting toddlers

 

Lets us know what happens when! Hope u have gd day hun. Mpols x

[lexis200]

Nice one fox - Understand what you saying about wanting to put it all in very simple terms or repeatedly for the sods - it does make you feel like you having to explain all to a 2 yr old (& thats insulting toddlers

 

Lets us know what happens when! Hope u have gd day hun. Mpols x

 

My last letter to MBNA actually stated to them that answers should be a yes or no, and that nothing else was needed. It has just got ridiculous with the amount of avoiding they do when you ask a straight question, so I thought I'd try it as a new approach (well new to me anyway:D)

 

I was very very tempted to knock up a chart with the questions on one side and boxes with 'yes' and 'no' in for them to tick alongside the relevant question, but I thought that might be a little to close to taking the pi** and effectively calling them morons:D

[silverfox1961]

My last letter to MBNA actually stated to them that answers should be a yes or no, and that nothing else was needed. It has just got ridiculous with the amount of avoiding they do when you ask a straight question, so I thought I'd try it as a new approach (well new to me anyway:D)

 

I was very very tempted to knock up a chart with the questions on one side and boxes with 'yes' and 'no' in for them to tick alongside the relevant question, but I thought that might be a little to close to taking the pi** and effectively calling them morons:D

 

They would still have had problems filling in the forms. Anything outside of their "normal" scope of duties and they're lost

 

I might just be tempted to do that next time

[lexis200]

They would still have had problems filling in the forms. Anything outside of their "normal" scope of duties and they're lost

 

I might just be tempted to do that next time

 

You could always include a bingo marker so that they just have to stamp in the correct box rather than attempt to write anything:D

[silverfox1961]

Hi all,

minor update.

 

Got a letter from Citi on saturday asking me for dates and times of when I rang them so they could get the transcripts. ERRM, it was 5 years ago sometime but of course I can't tell them exactly. I have slept since then

 

Wrote back today telling them not to bother. I only made one phone call and that was a change of address. I did everything else in writing.

 

Of course I told them that the rest of what's missing needs sending NOW.

 

They have until Thursday to respond or the complaint goes in to ICO

[sam614]

Hi all,

minor update.

 

Got a letter from Citi on saturday asking me for dates and times of when I rang them so they could get the transcripts. ERRM, it was 5 years ago sometime but of course I can't tell them exactly. I have slept since then

:lol:

 

Wrote back today telling them not to bother. I only made one phone call and that was a change of address. I did everything else in writing.

 

Of course I told them that the rest of what's missing needs sending NOW.

 

They have until Thursday to respond or the complaint goes in to ICO

 

best get to work on that then.ready for fridays post:grin:

 

SAM

[silverfox1961]

best get to work on that then.ready for fridays post:grin:

 

SAM

 

 

You cynic :D

[sam614]

You cynic :D

 

 

no psychic:lol:

 

SAM:pLOWELL DETESTER

[silverfox1961]

After a few days delay to being ill again, my LBA is going into the post tomorrow.

I'm pasting it below for anyone who cares to look and see if it's good to go or if it needs a little work. I.E do I need to state what is missing or is a copy of the letter I sent them on 10/06 enough?

 

Ta Muchly in advance

 

Dear Sir/Madam,

 

 

Further to my letters dated 10th and 22nd June 2009, you have failed to supply me with the information requested in my original Data Protection Act Subject Access Request.

 

 

This is your final opportunity to supply me with the data that I consider to be missing as advised to you in my letter dated 10th June 2009. I have enclosed a copy for your reference.

 

 

As advised in my previous letter dated 10th June 2009, I am now filing a complaint with the Information Commissioners office due to your lack of compliance

and missing required Data Protection Act timescales.

 

 

I now give you a further seven days from receipt of this letter posted Special Delivery to respond. If you fail to respond within the require timescale, I will cease communication with you and file a claim for court enforcement and damages at the courts discretion

 

Well??

 

FOX :)

[sam614]

letter looks good to me,send it off.

 

and hope you are feeling better:)

 

SAM:pLOWELL DETESTER