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Data Access Request

Hi Folks, a MoneySavingExpert newby here in need of some help.

Can anyone tell me where I can find out what the rules are on getting a Data Request fulfilled?

During my marriage my husband and I took out a loan with CitiFinancial (big mistake!) and bought a car with it. When we divorced my husband wanted to keep the car so I tried getting CitiFinancial to take me off the loan. They refused (what surprise!) and so I had obtained a Consent Order that he would keep the vehicle and be responsible for the balance of the loan and indemnify me from financial loss over it. He promptly defaulted, sold the car and pocketed the money. I took legal advice, as I result of which I have been obliged to enter into a repayment scheme with them as I was first signatory on the loan.

I am now pursuing the matter through the Courts and am trying to get info out of CitiFinancial about what payments he made, excuses he gave for non-payment etc. I first wrote to them on 01/11/11 and they made me jump through all sorts of hoops to prove my identity as I have reverted to my maiden name. They've cashed my £10 cheque and I've heard nothing more. I have tried phoning but can't get past the morons who tell me they don't have a Data Request Team (despite their address being listed on the website) or who tells me they can't talk to me because I can't give them the home phone number on the account details (it was ten flaming years ago for goodness sake!).

Does anyone know whether there is a time limit on them having to provide me with the information or what organisation I can contact to put pressure on them? The Court case has been adjourned once and really need this stuff before 6th February 2012 if I'm going to nail the cheating git!

Thanks in advance people.

Comments

  • Perhaps try the Information Commissioners Office?

    Hope you get this sorted. The red tape these companies have is astounding - not to mention the bunch of retards they have working the phones; absolutely lacking in common sense.
  • Tixy
    Tixy Posts: 31,455 Forumite
    They have 40days to respond to your subject access request (thats 40days from the date they get your letter, not the date they cash the cheque!).

    If they don't comply then the ICO guidance is to send another recorded delivery reminder, and if you still don't hear to contact the ICO direct.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • 40 days? Should be okay timewise, provided they don't come back with any more obstacles. What's the betting they leave it until day 39 though!

    Thank you both.
  • banks4u
    banks4u Posts: 526 Forumite
    I used to work at a broker where I was asked for a data request, they should send you everything including all electronic information held about you. If you are in in doubt go to the information commissioner and request further advice. It used to take me so long to collect all information. I will be doing the same with NAtwest.
  • Yes getting a SAR can be an administrative nightmare for the company receiving it, £10 often does not cover the admin time taken to collate ALL information together but they are required by law to provide it within 40 days of receiving the request :-)
  • I am now pursuing the matter through the Courts and am trying to get info out of CitiFinancial about what payments he made, excuses he gave for non-payment etc. I first wrote to them on 01/11/11 and they made me jump through all sorts of hoops to prove my identity as I have reverted to my maiden name. They've cashed my £10 cheque and I've heard nothing more. I have tried phoning but can't get past the morons who tell me they don't have a Data Request Team (despite their address being listed on the website) or who tells me they can't talk to me because I can't give them the home phone number on the account details (it was ten flaming years ago for goodness sake!).

    The deadline they will have is 40 calendar days from when they have proved your identity. Whilst they were unsure of your identity they would have put the request on hold.

    The problem I see you having is that the information that you are looking for is about your ex-husband rather than yourself. Subject Access Requests only relate to your personal data, anything to identify third parties such as your ex-husband should be redacted.
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