SAR request - please help with reply from dca

aligerdie

I sent a sar request off to Red Collections last week for my husbands debt with them. Its for a 3G bill, and I know the amount they're charging is double what it should be.

i have received a reply today stating:

"We are in receipt of your request for a copy of the executed credit agreement in accordance with Section 77(1) and / or 78(1) of the Consumer credit act 1974.
The account to which you seek is not a regulated agreement under the Consumer credit act 1974 and the provisions of this act do not apply to this debt.
Our client therefore has no obligation under the provisions of this act to supply the information requested by you."

I sent the SAR letter from here - at no point in the letter does it mention the consumer credit act 1974. I know the debt isn't covered by a CCA.
Can you do an sar request for a mobile debt? I sent a postal order for £10 with this, and clearly stated it was for the sar only.

Have I made a mistake here sending that request? I'm all confused now, and would really appreciate some advice!

Thanks.

RAS

You can do a SAR request under the Data protection Act to anyone who keeps records on you.

Send a response to their Data Compliance Officer, complaining that their staff plainly do not understand the DPA and you would like the information within the statuatory deadline.

aligerdie

RAS, you're a star.

Thank you so much for your reply, I had this awful sick feeling in my stomach that I'd sent the wrong letter, but you've put my mind at rest now.

I shall send them a letter today and include the comment you made. (sounds so much better than anything I could dream of writing!)

Thank you again x

10past6

aligerdie wrote: »

at no point in the letter does it mention the consumer credit act 1974

Did you send the following SAR letter?

Take a look at point 13

Data Protection Act 1998 Subject Access Request


Dear Sir/Madam

Account number: xxxxxxxx

Please send me the information which I am entitled to under section 7(1) of the Data Protection Act 1998 in relation to detailed occurrences relating to the account Numbers xxxxxxxx and xxxxxxxx-x

The following is by no means an exhaustive list but in the main this is what I require.

Please supply me with a complete list of transactions and charges relating to ALL accounting history with your organisation.

Additionally, all records you hold on me relevant to the above accounts, including but not limited to:

1. A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original amount of the loan and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company

3. 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. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response

4. True copies of any notice of assignment and/or default notice or enforcement notices that you may have sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted.

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of 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.

8. A genuine copy of any deed of assignment, or proof that you have a legal right to this money.

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

10. 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.

11. A copy of all account statements for the duration of the agreement.

12. Please would you also advise me of the logic involved in any automated decisions taken by you about me pursuant to section 7(1) (d) of the Data Protection Act 1998.

13. A True copy of the consumer credit agreement section 77-79 of the Consumer Credit Act of 1974.

Any other information relating to the account.

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, I shall be reclaiming them, and reclaiming the enclosed £10 Data Protection Act subject access request fee.

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 found to be acceptable.

aligerdie

Mine was a little different, let me edit details out and I'll post it...

thanks for your reply

aligerdie

This is the letter I sent. (I'm beginning to think I've messed up here....):o
Dear Sirs

Re: Account number: XXXXX 3G Mobile

In the first part under the Data Protection Act 1998:

Under the Data Protection Act 1984 and 1998, and including the right of subject access under these acts, please supply me with a complete list of transactions and charges relating to the above accounts held with you since they were opened.

Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other 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 business with you.

If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.


For the avoidance of any and all doubt, I reiterate:

I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me, including (but not exhaustively) a copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants' notes, copies of stored telephone conversations, internal and external emails; any other information held on any/all types of media in any relevant filing system (microfiche included).

If you have disclosed any information to a third party (with or without my express permission), will you please include details of this in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Term or Condition on which you rely upon to claim such a charge.




I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

I enclose the statutory maximum fee of £10.00 to access ALL data held by Red/3G Mobile about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request.

This communication has been sent Recorded Delivery so I can ensure compliance on these issues within the legislative timeframes.

aligerdie

ouch, don't know whats happened there....

let me just see if I can edit that properly so its readable!

RAS

Does not matter - only refeernce is

copy of the original signed executed agreement

I presume you signed somthing to set up the account?

aligerdie

its hubbys account, and I'm pretty sure he must have signed something when he took it out.

Whilst the amount needs paying back, I know that what they say hubby owes is more than double the amount he should owe.
He was chased last year (unknown to me) by another dca regarding this debt, and the amount they were chasing was £360 less than what is being asked for now.
Thats the main reason I did an sar letter. However, I don't know if I've done it wrong now!

RAS

You did fine.

They have 40 days to comply with the SAR, so see if anything else comes.

After about 30 days, if nothing has turned up send the Compliance officer a letter as suggested, pointing out you know that the CCA is not relevant but you want a copy of what he signed when he set the account up.

aligerdie

Thank you for your post RAS, I feel much better now.

I was just writing them a letter, but I'll leave it as suggested, and see what happens.

I just want a copy of the charges more than anything because they're ridiculous!

thank you xx