SAR letter sent to Egg & request rejected?

LYNSCAM

Hi,

I sent the SAR letter to Egg for a loan I had with them and paid off in full in Feb 2007. They have responded stating that as the account is closed they are under no obligation to comply with the request for a copy of the executed agreement under the Consumer Credit Act as they no longer have a contractual relationship relating to the account. They have cashed the £10 cheque I sent with the letter. Any advise on how to proceed?

Thanks in advance
Lynsey

misschicken

But they are under obligation to provide all and any records that they do hold in connection with your account if you sent an SAR, regardless of whether they still have a copy of the agreement. Did you send an SAR requesting all records or just a request for your agreement?

LYNSCAM

This the letter I sent them:

Dear Sir/Madam

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to a personal loan & credit cards.

I would be grateful if you would provide the following for ALL accounts or associated accounts I hold or have held with your organisation:

1. Full copies of all contracts which you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.
2. A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organisation.
3. Copies of all documents which include any of my personal information including copies of any contacts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.
4. Full copies or transcripts of any correspondence in postal, email or any other format which you have entered into with any individual, organization or third party which contains my personal or financial, or which pertains to me.
5. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.
6. Full hard copy print outs of my personal or financial information, held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.
7. Underwriting sheet or other such document recording any commission (or other) payment made to an intermediary or packager, and/or payment/commission from the insurer in relation to my account.

Where you have used abbreviations and/or codes, I would request that an accompanying sheet be provided so as to translate these abbreviations and/or codes and their meanings, I also request an accompanying appendices of the documents included and reference to the purpose or meaning to those documents.

I request that you provide all the information requested above, even though you may consider that it falls outside Data Protection.

I reserve the right to refer to the contents of this letter if an application for pre-action discovery is necessary relating to any of the documents requested herein.

I enclose a cheque in the sum of £10 to cover your fee.

IF YOU ARE UNABLE TO DEAL WITH THIS REQUEST, YOU SHOULD IMMEDIALTELY FORWARD IT TO THE PERSON WITHIN YOUR ORGANISATION RESPONSIBLE FOR DATA PROTECTION.


Thanks for any advice
Lynsey

di3004

Hi
They MUST comply to this request, I would write back and tell them that and if they fail tell them you will be complaining to the Information Commissioners Office (ICO).

You could contact the ICO anyway if you want to, and see what they suggest.
Good luck.

https://www.ico.gov.uk/Global/contact_us.aspx

Good luck.

misschicken

Yes, don't let them get away with their response. Also if you have any references for the loan and a clear reason why PPI was mis-sold you can just put in the complaint for mis-selling to them anyway.

Good luck

mt7x2

LYNSCAM wrote: »

Hi,

I sent the SAR letter to Egg for a loan I had with them and paid off in full in Feb 2007. They have responded stating that as the account is closed they are under no obligation to comply with the request for a copy of the executed agreement under the Consumer Credit Act as they no longer have a contractual relationship relating to the account. They have cashed the £10 cheque I sent with the letter. Any advise on how to proceed?

Thanks in advance
Lynsey

I had the same response when I sent a SAR to Egg at the beginning of Feb. But last weekend I did receive my statements and all the necessary info needed, so just give them a few more weeks to supply the info you need.

LYNSCAM

Thanks very much everyone will write back to them as I'm not giving up until I find out if had PPI as it was a large loan and they had they cheek to cash the £10 cheque I sent with the request!

di3004

LYNSCAM wrote: »

Thanks very much everyone will write back to them as I'm not giving up until I find out if had PPI as it was a large loan and they had they cheek to cash the £10 cheque I sent with the request!

Your very welcome.

And yes if they're unable to provide you with anything or anything appopriate, they should realistically return your money.

Good luck and keep at them x

mt7x2

LYNSCAM wrote: »

Thanks very much everyone will write back to them as I'm not giving up until I find out if had PPI as it was a large loan and they had they cheek to cash the £10 cheque I sent with the request!

They cashed my check quite quickly too.

waddy80

Yep same happened to me. They will not supply you with a copy of the credit agreement, but will send you everything else. I got statements back to 2001.
I have written back and complained that they have not enclosed a copy of my agreement or application but haven't heard anything yet.

dunstonh

It looks like they interpreted your request as one under the consumer credit act (for which their response is correct). Perhaps as the request is over worded for a DSAR. Still, they should see that it was a DSAR and should have dealt with it as such.