Citi Cards being obstructive with SAR

[Master Chief]

Hi all,

I have been having some difficulty with a well known DCA, harassing phone calls and the like for more than several years and after the last call from them I found this site and decided to fight back.

The DCA in question have been in clear contravention of OFT guidelines on more than several occasions and I have now lodged a formal complaint with them. In addition I have CCA’d & SAR’d them, for which I am waiting a replies also.

I also SAR’d the OC Citi Cards, originally A N Other credit card company taken over by Citi Cards. I understood from posts on here that Citi Cards have proven to be obstructive with SAR’s in the past, so to ensure they had all of the information necessary to proceed with my request I enclosed copies of: Photo Driving License, Passport and a recent utility bill. Both the driving license and utility bill showed my current address.

I received a letter today stating that as my address was different to the one they had on file, could I provide them with a copy of a recent utility bill (or other stated proof of ID) showing my current address.

Er, HELLOOOOO, I’ve already done that!

I even referred to the proof of ID at the end of the SAR letter and, unless the recipient was a complete muppet or very visually impaired, there is no way on this earth that you could miss the ID provided. So it’s clear to me that the letter I received back is purely a way of stalling and being obstructive.

I am self employed and charge by the hour or pro-rata increments of an hour, as this additional and completely unnecessary work that Citi Cards has requested will take up time that I otherwise could be using to earn, would I be within my rights to charge them for the time spent meeting their unnecessary request?

Thanks in advance,

MC

[coledog]

Hi and welcome

 

Citi still have up to 40 days to supply a SAR and asking for Id should not delay this, they should still provide this within 40 days. I have received the same letter from them and think it must be a standard response, I would suggest a quick reply saying that id has already been forwarded but attach a copy of your utility bill anyway.

 

Citi are probably quite busy with SARs at the moment, poor loves but are probably just following process.

 

Are you able to share with us who is harassing you?

[ScarletPimpernel]

I suspect you will have a hard time getting them to pay. However, what you could do is send them a letter telling them that you have supplied them with sufficient evidence of identity, and that if they fail to comply fully with your request within the statutory period. you will take them to Court. You can sue for non-compliance, and ask a court for an order for them to comply, and damages at the court's discretion - you could raise the time/money issued then.

[babybear39]

As they've sent you a generic letter and you've already supplied what they've asked for, request their formal complaints procedure which can run concurrent with the SARs request. Exhaust their formal complaints procedure, eight weeks. Then if they've failed to comply, do not pass go, do not collect £200, go STRAIGHT to the ICO for breach of the DPA

[Master Chief]

Hi and welcome

 

 

Are you able to share with us who is harassing you?

 

Hi Coledog and thanks for the reply.

 

I don't want to be too specific for obvious reasons, but I can tell you that they are truly a crudite compnay of the first degree.

[babybear39]

Ooh! Please Sir I know, I know

[Master Chief]

I suspect you will have a hard time getting them to pay. However, what you could do is send them a letter telling them that you have supplied them with sufficient evidence of identity, and that if they fail to comply fully with your request within the statutory period. you will take them to Court. You can sue for non-compliance, and ask a court for an order for them to comply, and damages at the court's discretion - you could raise the time/money issued then.

 

Thanks SP, fair points raised. I don't suppose for a second they would stump up and pay as they clearly have difficulty reading, let alone writing a cheque out.

[Master Chief]

Ooh! Please Sir I know, I know

 

I know you know! ;-)

 

TY for your reply too.

 

MC

[silverfox1961]

Hi Coledog and thanks for the reply.

 

I don't want to be too specific for obvious reasons, but I can tell you that they are truly a crudite compnay of the first degree.

 

YA THINK

 

Ooh! Please Sir I know, I know

 

Welcome to the world of Citi where the law doesn't apply to them. I'm another one that had to battle with them and even after going to the FOS all they supplied were the terms and conditions of the account, statements and a couple of letters I sent them. As for everything else-NADA, nothing, not a jot. Get where I'm coming from?

 

The chances of getting anything of substance from them is slim to none but keep plugging away. They may just get pi**ed off enough with you to comply

[coledog]

they are truly a crudite compnay of the first degree

Yes understood - they are all bottom feeders. You need to weight up the importance of getting the SAR from Citi ASAP, that it why, I say, just send them the bloody gas bill and then also make a complaint about them. They probably have so much to do - 're-constituting' documents and justifying their dubious lending practices etc that they need the time! (In my humble opinion anyway).

[Master Chief]

Yes understood - they are all bottom feeders. You need to weight up the importance of getting the SAR from Citi ASAP, that it why, I say, just send them the bloody gas bill and then also make a complaint about them. They probably have so much to do - 're-constituting' documents and justifying their dubious lending practices etc that they need the time! (In my humble opinion anyway).

 

Yep, good point. I will remain focused, calm and objective. Bloody gas bill will be sent first thing Monday 1st class recorded (as everything else has been).

 

I just hate the way you get fobbed off with stock letters. Ask a reasonable question and they just send you a form letter in reply, or a copy of the last letter they sent you, grrrrrrrrrr bloody frustrating!

[coledog]

I have just looked at my letter and I think that it is a stock response to each SAR request they get. Also I notice that they have got my post code wrong (good job I have an alert postie) and I now live in a 'Terrance' - muppets! Hopefully the id will help them get this right at least!

[Master Chief]

YA THINK

 

The chances of getting anything of substance from them is slim to none but keep plugging away. They may just get pi**ed off enough with you to comply

 

Great, well I'll just comply with their request and keep my fingers crossed! Maybe consider a formal complaint too, just to pi** them off some more!

 

 

Cheers

[babybear39]

The formal complaint is worth doing now to potentially save time later

[Master Chief]

BB & SF have pm's. Aplogies for the intrusion, but felt I should explain further.

 

MC

[Master Chief]

On what basis do I complain?

 

They requested information I had already provided?

 

Thanks

[Master Chief]

Sorry, last post in reply to BB

[babybear39]

On what basis do I complain?

 

They requested information I had already provided?

 

Thanks

 

Yes and if they go over the 40 day rule

[Master Chief]

Yes and if they go over the 40 day rule

 

OK, but surely I would have to wait until after the 40 days to complain on that basis. Unless it were to be a pre-emptive strike, "I know your going to be late, so I'm going to complain now" lol

[babybear39]

It's not a pre-emptive strike becaue they have asked for info. they already have. Some might say that they are using this as a stalling tactic...

 

IMO, they dug their heels in which does not overide the 40 days to furnish a SAR.

 

Because THEY changed the game plan means jack.

 

Your complaint dates from the receipt of their last letter re: SAR - end of...

[silverfox1961]

I would be complaining now as they are trying to circumvent the 40 day rule. You have provided plenty of evidence to prove who you are and they are trying to get more time out of you purely as delaying tactics. Citi will say the 40 days doesn't start until they receive the required info. This is also grounds for complaint to the ICO.

[Master Chief]

Thank you BB & SF, duly noted and action under way.

 

Much obliged,

 

MC

[Master Chief]

Ok, does this sound about right? Just want to make sure before I fire it off to Citi in the morning.

Thanks.

Dear Sir/Madam,

With reference to my recent Subject Access Request dated 28/10/2010 and your subsequent letter dated 04/11/2010 requesting proof of ID/address.

Please note that the information that you request has already been provided along with my original Subject Access Request letter. Your attention is drawn to page 2 & 3, whereby I included a copy of a recent British Telecom bill showing my full current address details, in addition to, a copy of my passport and my full UK photocard driving licence, which also shows my current address.

The inclusion of these proofs of ID/address is referenced on page 2 in paragraph 1, and I fail to understand how or why this information has been ignored. Except for the possibility that perhaps it is an attempt to stall the progress of my request and, as such, I would therefore like to make an official complaint to your company on that basis. You have a statutory obligation to accept my complaint and deal with it in a proper manner. I expect a response within four weeks of this letter and if this is not a final response, then a final response should be forthcoming within a further four weeks.

I respectfully request that you acknowledge receipt of my complaint and provide me with full details of your statutory complaints procedure by return. In addition, if you are not the person that deals with these matters, I also request that you immediately pass my complaint to the relevant person/department within your organisation.

I don’t accept that the proof of ID/address provided to you along with my Subject Access Request is inadequate in any way, shape or form. However, to comply with your request and to ensure that my SAR is expedited within the regulated time frame, I am including a further copy of my latest BT bill with this letter.

You are reminded that under The Data Protection Act 1998 you have a legal obligation to comply with my request and within 40 days of receipt. My original request was received at your offices on the 29/10/2010; you now have 29 days (as of today’s date) in which to fully comply.

I look forward to hearing from you in due course.

Yours faithfully,

[coledog]

That seems direct and to the point - fine. You must really have it in for Citi!

[Master Chief]

That seems direct and to the point - fine. You must really have it in for Citi!

 

Thanks coledog. I didn't until they started squirming and asking for information I'd already supplied. Thought I'd made my SAR request watertight with the included proof of ID etc.