My Dad vs Mint

[FredFerret]

Hi all

 

As per one of my previous posts

http://www.consumeractiongroup.co.uk/forum/showthread.php?309593-Helping-my-Dad-with-MBNA-Mint-Halfords-%28MBNA%29-amp-AA

My Dad is now sending an SAR to Mint,,

 

As per below

The Data Controller

Mint

PO Box 5747

Southend On Sea

SS1 9AJ

Ref :-

 

Dear Sir/Madam

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time the account was opened.

 

2. 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.

 

3. True copies of any notice of assignment and default notices or enforcement notice that you sent me, with a copy of any proof of postage that you hold.

 

4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, dates they were added and deleted. (if applicable).

 

5. Details of any collection charges added to the account; specifically, the date they were levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover.

 

6. Specific details of any charges levied by any other agency in respect of this account and a detailed breakdown of said charges and what each charge relates to and on what date said charges were levied.

 

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

 

 

8. 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.

 

9. Copies of statements for the entire duration of the credit agreement.

 

10.Termination notices

 

PLEASE NOTE that unless otherwise stated by yourselves and if the above documents are NOT provided, it will be CONFIRMED that you are unable to reproduce/provide in any way shape or form any copies of the above requested documents. You are reminded that you have a duty to inform me if you do not have the above documents. This is confirmed in High Court Law - Ezsias v Welsh Ministers - [2007] All ER (D) 65 (Dec)

 

You are reminded that you are obliged to supply all the above documents in line with the Information Commissioners Technical Guidance update (Dated August 2007)

 

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

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.

 

 

 

 

 

Only problem is we have noticed that Mints address is a PO Box? And if this is going to be signed for,,, will it get signed at a PO Box? or does anyone have any other addresses for Mint?

 

Thanks All!

 

Fred

[firstship]

This comes up from time to time,and most of us send it to the PO Box,without a problem

 

Regards FS

[FredFerret]

Thank you FS... Sorry it took a while to come back but for some reason didnt get a notification... Thanks Again!

[BRIGADIER2JCS]

PO boxes like this handle bulk deliveries, but they are signed for.

[FredFerret]

Thnks Brig,,, As I said to my Dad, as long as there is a signature, we're good! so that sounds great!

 

Thanks Again!

[FredFerret]

Hiya all... OK Mint have sent the SAR,,, but it seems that there is no CCA in there?!?!?

[BRIGADIER2JCS]

They are not required to supply a CCA with the SAR,

as it's not a DPA matter and is covered by sect. 77/78

of the CCA 1974.

[FredFerret]

Ok Thanks Brigadier,, So Ill need to send a seperate CCA Request?

[BRIGADIER2JCS]

No probs fred.

[brokebutnotbeatn]

I don't understand this. The SAR is supposed to contain all the data they hold on you and that would include any agreement?

[BRIGADIER2JCS]

No, SAR is under DPA 1980 CCA is under CCA 1974 and not

provided under DPA requests.

[brokebutnotbeatn]

But it should be if you ask for it as it's all data...?

[BRIGADIER2JCS]

No doesn't work that way, the presumption

is you would have already been provided with

a copy of your signed agreement at the initiation

of the account and as it says on these agreements

retain this copy for your records, SAR DPA, CCA Consumer Credit Act 1974

different legislation, however some creditors of their own volition send

a copy but they are not obliged to.

[brokebutnotbeatn]

Cool. thanks for that clarification

[FredFerret]

Hi Brigadier,, Can you confirm that the next best step is to CCA Mint?

 

Thanks Again!

[BRIGADIER2JCS]

Yes send a CCA request.

[FredFerret]

Cheers Brig,,, Ill let him know

[FredFerret]

Brigadier,, I have told my dad to send CCA but he is a bit apprehensive to send the standard CCA request following the SAR. Should I tell him to send the standard one or is there another one along the lines of, 'i noticed there was no CCA with the SAR you sent so can you also send me that please? I enc the £1 po etc...' Thanks for you help!

[BRIGADIER2JCS]

Brigadier,, I have told my dad to send CCA but he is a bit apprehensive to send the standard CCA request following the SAR. Should I tell him to send the standard one or is there another one along the lines of, 'i noticed there was no CCA with the SAR you sent so can you also send me that please? I enc the £1 po etc...' Thanks for you help!

 

The standard letter +£1.00 is all you need to do,

there is no obligation for them to provide the agreement

with a SAR, two separate pieces of legislation, The Data

Protection Act and The Consumer Credit Act 1974.

Some companies will sent it with a SAR others stick

to a CCA request.

 

Brig.

[FredFerret]

cool,, Thanks Brig

[BRIGADIER2JCS]

Let us know what result you get.

Brig