Should I send a SAR request?

JES_F1 · 23 June 2009 at 9:37AM

Hello everyone :hello: Hoping someone can point me in the right direction!

American Express are one of my creditors on my DMP with the CCCS. They accepted the DMP straight away, defaulted the account, and passed it to RMA Resolve. All has been fine ... I've heard little from them except a couple of letters offering full and final settlements.

RMA Resolve don't send me statements. I have requested statements several times over the last year (in writing and by e-mail). I've had no response to the letters but they did telephone me in response to an e-mail. As I won't go through security questions, I did call them back - RMA Resolve confirmed my payments, gave me the balance, and advised that interest and fees were not being added to he account. They said they weren't set up to be able to provide statements!

RMA Resolve wrote to me recently offering a full and final settlement - and I noticed the balance was very different to my records. Going back through the paperwork, checking balances on my credit report, and doing some maths, I cannot make any of the balances tie in with my records so want to find out if they ARE charging interest and fees.

CCCS advised me that there should be no reason why RMA Resolve can't provide me with a statement of all transactions on my account - and recommended that I make a verbal informal complaint (which I did by e-mail as I couldn't get hold of them on the phone - I've had no response) then a formal complaint in writing. They recommended MSE for advice on making that formal complaint.

Before I send it, I wanted to check that the SAR request is appropriate here. I'm intending to use the letter that's in post #14 in the standard template letters thread, adjusted as necessary to suit my circumstances.

I'm signing off from MSE now but will be back later. Very many thanks in advance.

GeorgeUK · 23 June 2009 at 9:56AM

It is usually advised when sending a SAR that you specify exactly what is required from them. It seems that they can plead ignorance of your requirements if it isn't stipulated.

The amendments (CCA2006) to the CCA74 Act had a section that didn't become active until (i think) September 2008 which stated that all accounts that fell under the CCA74 must have a statement issued once a year. This will include loans and also any account with a DCA. To say that they aren't able to provide a statement is basically crazy. They would be in breach of so much legislation if they were unable to do so, not only the CCA Act but also the Data Protection Act.

I think the only way you will get statements right now will be by sending a SAR. Just not sure where a proper one may be found. I'm sure 10past6 pasted one, but finding it...

fermi · 23 June 2009 at 10:02AM

Could adapt this one to suit. May need to add that you want a breakdown of payments as well.

Note: A subject access request which is an alternative to one being made for a charge reclaim. Geared more towards debt collection...You should send a £10 postal order with each one and address it to the Data Controller at each company (send recorded or guaranteed) they have to respond in 40 days

Data Protection Act 1998

Subject Access Request

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/s and any terms and conditions that applied to the account/s at the time of default and at the time the account/s was/were 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, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR. - delete or add this depending on whether you are sending this to the original creditor/or a debt collection agency

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

4. Documents relating to any insurance added to the account/s, including the insurance contract and terms and conditions, date/s they were/ it was added and deleted. (if applicable).

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

6. Specific details of the fees/charges levied by any other agency in respect of this account/these accounts and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/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/s.

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.

Yours faithfully,

sign your name but put crosses through it so it can't be 'lifted'

JES_F1 · 23 June 2009 at 10:42AM

Thank you George and Fermi - that's brilliant!

Thanks again for your help - I shall send the letter out this week.

:T

JES_F1 · 15 August 2009 at 9:32PM

Hi everyone - I'm after some more info on what to do next with RMA Resolve.

As I wasn't having any joy getting statements from RMA Resolve to confirm my DMP payments, I sent a SAR request with £10 (which has been cashed).

All I want from them is written confirmation of my DMP payments and any other transactions on the account since it was passed to them by American Express. My main reason for this is that the balance has differed wildly on the handful of times that I've heard from or spoken to them - though they have verbally confirmed that they're receiving my payments and advised that no interest or fees are being added.

In response to my SAR request, they have sent me a copy of my signed credit agreement, nothing else! As an aside, I don't have an issue with the credit agreement and intend to pay every penny back (after all, I know I spent it).

I intend to write back insisting on a list of all transactions on the account since AMEX passed it to them - is it such a difficult thing to ask or expect?! - but wanted to know if there was a formal follow-up to not fulfilling my SAR request satisfactorily.

I might not be online for much longer but will check back in the morning. Any help would be much appreciated!

Many thanks,
J

rog2 · 15 August 2009 at 9:46PM

If 40 days have elapsed since they received your SAR, then they are in breach of their obligations under Section 7 (1) of the Data Protection Act. You now have the right to lodge a complaint with the Information Commissioner:

http://www.ico.gov.uk/complaints/data_protection.aspx

JES_F1 · 15 August 2009 at 9:57PM

That's brilliant, Rog2 - thank you for that. The 40 days aren't quite up but as soon as they are, I will contact the Information Commissioner!

Thank you again! Very much appreciated!

:T

GeorgeUK · 16 August 2009 at 1:07PM

You may need to write an official letter of complaint to them before the ICO wil ltake this up, but as you sent a complaint be email which they don't seem to have addressed, this may count as your complaint.

Good luck with this.

JES_F1 · 16 August 2009 at 6:03PM

GeorgeUK wrote: »

You may need to write an official letter of complaint to them before the ICO wil ltake this up, but as you sent a complaint be email which they don't seem to have addressed, this may count as your complaint.

Good luck with this.

Very many thanks for the information, George.

I've just checked back through all the correspondence that I've sent them to check whether I actually formally complained. The CCCS had advised to complain informally first (by phone - but as I couldn't get through on their phones, I put this in an e-mail) and then to formally complain in writing.

Rather than that formal complaint, I sent a SAR request, hoping this would get what I wanted. With hindsight, I feel I should have probably complained officially first then done a SAR if necessary.

It's so frustrating! And am really mad that it's cost me £10 just to get a copy of my credit agreement (which I wasn't really after anyway!) and still not got what I wanted!

Think I'll contact the Information Commissioner and ask if what I've sent is adequate or if I need to make a formal complaint first.

Many thanks again!

rog2 · 16 August 2009 at 6:20PM

JES_F1 wrote: »

Think I'll contact the Information Commissioner and ask if what I've sent is adequate or if I need to make a formal complaint first.

Good idea, JES - I have to agree that they do, usually, ask if you have tried to resolve the issue directly, i.e. through the creditor/dca's own complaints procedure. However, RMA do not have a good track record, on this forum at least, on dealing with complaints. Your e-mail complaint should, in my opinion, be sufficient as they have chosen to tret you SAR as a 'cca request'.

But the ICO will advise you.

JES_F1 · 16 August 2009 at 8:54PM

rog2 wrote: »

RMA do not have a good track record, on this forum at least, on dealing with complaints.

Guess RMA is hoping I'll give up and go away

... No chance

Thanks again for the advice!

Should I send a SAR request?

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