Capital One SAR

c7sdus · 11 May 2009 at 10:14AM

Can anyone advise please !!

I sent SAR request to Capital One which was signed for 26/03 & postal order cashed 06/04.

Phoned them as 40 days are up ( now 46 days ) and lady on phone advised me that a letter was on its way but no CCA as I had to pay £1 for it.

I have already paid £10 for SAR which I think will cover this, do I also have to pay extra £1 for CCA or is it just a stalling tactic ?

russt2000 · 11 May 2009 at 10:28AM

HI
its rubbish , an sar request means they have to send you everything they hold on you , and the cca is a major part of that.
So either ring or write back saying that as the 40 days have expired you are now going to report them to the Information Commissioners Office for breaching the law. Remind them that their Data Controller is totally responsible for this failure.
Give them Seven days to supply all data or you will take advice about legal action{even if you dont mean it} get them off their backsides with a warning. If they still ignore you then go to the ICO and Financial Ombudsman with the details.

russ

fermi · 11 May 2009 at 10:31AM

c7sdus wrote: »

I have already paid £10 for SAR which I think will cover this, do I also have to pay extra £1 for CCA or is it just a stalling tactic ?

Nope. Utter bullsh*t from Crapone.

c7sdus · 11 May 2009 at 10:58AM

fermi wrote: »

Nope. Utter bullsh*t from Crapone.

Thanks, I thought as much but will wait till I receive letter as what she told me was from my case notes and then will take pleasure in telling them they are talking b******t

c7sdus · 12 May 2009 at 5:45PM

Received reply today :-

Data Protection Act 1998 : Subject Access Request

In reponse to your subject access request, I enclose copies of the personal data held by us of which you are the data subject. Also attached is a list of the terms used in this data.

We are not obliged to send an original signed copy of a credit agreement. However, under section 78 of the Consumer Credit Act 1974, we can provide you with a copy of the credit agreement as varied, upon receipt of a £1.00 payment.

Can anyone advise where should I go from here ?

.

fermi · 12 May 2009 at 6:02PM

Well they obviously don't have a copy of any credit agreement, do they?

If they supply you with one under s78 CCA1974, they don't have to include a signed agreement.

That is what they are obviously trying to avoid doing, since they know they can't.;)

Very transparent avoidance techniques from Crap One.

You nee to send them a warning letter regarding their SAR non-compliance. I particular a lack of a credit agreement.

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account: xxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

(Adapt this next section to your situation)

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)
2) You have provided no notes, or documents relating to any legal action between you and myself.
3) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Yours faithfully,

[name]

RAS · 12 May 2009 at 6:02PM

Hi

Ring the Information Commisioner in the morning.

They are playing Sbs . A CCA request does not require them to provide the SIGNED credit agreement, just a true copy. The SAR requires them to provide a copy of the original SIGNED CCA.

c7sdus · 13 May 2009 at 10:27AM

RAS wrote: »

Hi

Ring the Information Commisioner in the morning.

They are playing Sbs . A CCA request does not require them to provide the SIGNED credit agreement, just a true copy. The SAR requires them to provide a copy of the original SIGNED CCA.

Just rung the Information Commisioners Office and they have advised me that Capital One dont have to send an original signed copy of my credit agreement under the terms of the Data Protection Act !!!

russt2000 · 13 May 2009 at 12:19PM

I find that hard to believe , did they tell you exactly why , any reference to a particular section of the act?

russ

c7sdus · 13 May 2009 at 2:25PM

No reason, that's what I would like to know !!

russt2000 · 13 May 2009 at 10:18PM

I ve been speaking to the moderator on another site about this and they have a lot of dealings with the ICO and its a case of them being a bit unreliable , and you may get different answers deppending who you speak to there . So I reckon your best bet to get a response is to send the CCA request with a pound postal order, by the way dont sign your name just print{ they may be imaginative with a signature}
Read up on the cca threads if you need to , but with the fuss they are making they may not have it. so the debt becomes unenforceable until they can produce one.
russ

Capital One SAR

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free