Egg SAR Request

bearski

Hi,

Looking for abit of advice relating to Egg.

I sent of a SAR letter to Egg regarding an old loan that I had with them which I suspected had PPI on it. The account was closed off 6 plus years ago but the response I had back was that they are under no obligation to comply because -

"we no longer have a contractual relationship relating to this account nor are we seeking to enforce any agreement on the account. The right to be provided with this information from Egg Banking plc ended with the closure of the account."

"Section 77 (3) (a) of the Consumer Credit Act states that section 77 (1) does not apply where 'no sum is, or will or may become payable by the debtor.'

Can they withhold this information or should I write to the ICO to compain?

Thanks

McKneff

'Suspect'

It would have been on your statements as a seperate entry every single month. Did you not notice it, if you didnt notice it, it may well not have been there, hence you didnt have it.

bearski

Spare me the sarcasm please, it was one of several accounts I had and I was only aware of it after I had spoken to CAB to sort out my debts. If you are unable to be helpful then dont post.

[Deleted User]

bearski wrote: »

I sent of a SAR letter to Egg regarding an old loan that I had with them which I suspected had PPI on it.

McKneff wrote: »

It would have been on your statements as a seperate entry every single month.

Only PPI on credit cards definitely appears as a separate entry on statements. If the loan PPI was front-loaded single premium it wouldn't have been as obvious as you state.

bearski wrote: »

I sent of a SAR letter to Egg

No, you've obviously written to the Bank asking for a copy of the terms and conditions of this loan, something which isn't available for closed accounts.

Write the Bank a Subject Access Request letter and they have to respond by providing all information they have on file for you for at least the last six years and (sometimes) longer.

They have forty days to comply and it will cost you £10.

bearski

Hi,
Thanks Moneyineptitude,

I have already sent them a SAR and £10 postal order but they say they no no longer have to comply, see the above extracts from their reply in bold.
Cheers
Bearski

[Deleted User]

bearski wrote: »

I have already sent them a SAR and £10 postal order but they say they no no longer have to comply, see the above extracts from their reply in bold.

You may have sent them £10, but that response is a reply to a request for terms and conditions only.
They cannot refuse to comply with a SAR letter unless they have no records at all.
What did you actually write in your letter to them?

bearski

I gave them my account details and contact addresses, the letter was as follows:
DATA PROTECTION ACT 1998 - Subject Access Request

I understand that you currently hold details of my personal and financial information within your internal record systems with regard to personal loan accounts and credit cards accounts
Please supply me with a complete list of transaction and charges relating to my history with your organization, INCLUDING Loans and other products. Alternatively a complete set of statements for the accounts or associated accounts is acceptable. I would be grateful if you would provide the following for ALL accounts or associated accounts I have held with your organization:
-Full copies of all contracts which you believe exist or have existed between myself and your organization, including true copies of any documents you hold in support of the same.
- A complete list of all transactions or statements relating to ALL of my Loan Accounts with your organization.
-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.
-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.
- 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.
-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.
I enclose a postal order in the sum of £10 to cover your fee.

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

I look forward to hearing from you in the first instance of receipt.

[Deleted User]

bearski wrote: »

I gave them my account details and contact addresses, the letter was as follows:....

That's a SAR all right.
You now need to reply to the Bank pointing out that they are in error in their response to your DSAR and that you were at no time invoking section 77 of the Consumer Credit Act.

In other words, you want them to comply with your actual legally enforced request; not what they have obviously only assumed it to be!


Did they cash your postal order? If they did they have a cheek!

No one at the Bank can have read your letter properly!

bearski

Thank you so much Moneyineptitude, now you've pointed it out to me it isnt a reply to a SAR. Sometimes a fresh pair of eyes is all you need! Your help is appreciated.

I check to see if PO has been cashed and chase them up.
Cheers
Bearski

[Deleted User]

bearski wrote: »

I check to see if PO has been cashed and chase them up.

Annoyingly, they'll probably now take another forty days to comply.:mad: