Reasons for SAR and will it be denied?

Compliance

A while back a company had issued a black markeron my file, i feel this not right as the person i was speaking to had said that it would not happen. My response from the loan company was that it was perfectly explained. I want my phone recordings and to take it to the ombudsman.

I have phoned the company since and asked for them to remove it and they have said they would not.

Do i need a reason for a SAR?

If so what way do i word it so they can't refuse to comply? I know they can refuse to do it.

Thank you.

sourcrates

This, from the ICO website : 

What is the right of access?

You have the right to ask an organisation whether or not they are using or storing your personal information. You can also ask them for copies of your personal information, verbally or in writing.

This is called the right of access and is commonly known as making a subject access request or SAR.

This guide explains how to make a subject access request.

Why make a subject access request?

You can make a subject access request to find out:

• what personal information an organisation holds about you;
• how they are using it;
• who they are sharing it with; and
• where they got your data from.

What should my request say?

Do include:

• a clear label for your request (eg use ‘subject access request’ as your email subject line or a heading for your letter);
• the date of your request;
• your name (including any aliases, if relevant);
• any other information used by the organisation to identify or distinguish you from other individuals (eg customer account number or employee number);
• your up-to-date contact details;
• a comprehensive list of what personal data you want to access, based on what you need;
• any details, relevant dates, or search criteria that will help the organisation identify what you want; and
• how you would like to receive the information (eg by email or printed out).

Don’t include:

• other information with your request, such as details about a wider customer service complaint;
• a request for all the information the organisation holds on you, unless that is what you want (if an organisation holds a lot of information about you, it could take them longer to respond, or make it more difficult for you to locate the specific information you need in their response); or
• threatening or offensive language.

Where possible, send your request directly to the individual or team who deal with subject access requests, such as the data protection officer.

What should my request look like?

You could use our subject access request letter template as a guide, adding exactly what information you are asking for:

[Name and address of the organisation]

[Your name and full postal address]

[Your contact number]

[Your email address]

[The date]

Dear Sir or Madam

Subject access request

[Include your full name and other relevant details to help identify you].

Please supply the personal data you hold about me, which I am entitled to receive under data protection law, held in:

[Give specific details of where to search for the personal data you want, for example:

• my personnel file;
• emails between ‘person A’ and ‘person B’ (from 1 June 2017 to 1 Sept 2017)
• my medical records (between 2014 and 2017) held by ‘Dr C’ at ‘hospital D’;
• the CCTV camera situated at (‘location E’) on 23 May 2017 between 11am and 5pm; and
• financial statements (between 2013 and 2017) held in account number xxxxx.]

If you need any more information, please let me know as soon as possible.

[If relevant, state whether you would prefer to receive the data in a particular electronic format, or printed out].

It may be helpful for you to know that data protection law requires you to respond to a request for personal data within one calendar month.

If you do not normally deal with these requests, please pass this letter to your data protection officer or relevant staff member.

If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk, or it can be contacted on 0303 123 1113.

Yours faithfully

[Signature]

eskbanker

Compliance said:

Do i need a reason for a SAR?

If so what way do i word it so they can't refuse to comply? I know they can refuse to do it.

Their refusal options are fairly limited but are explained at https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/when-can-we-refuse-to-comply-with-a-request/

Compliance

eskbanker said:

Compliance said:

Do i need a reason for a SAR?

If so what way do i word it so they can't refuse to comply? I know they can refuse to do it.

Their refusal options are fairly limited but are explained at https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/when-can-we-refuse-to-comply-with-a-request/

Do you think they would have grounds to not comply considering i had requested they move the marker and im within the 6 month ombudsman.

eskbanker

Compliance said:

eskbanker said:

Compliance said:

Do i need a reason for a SAR?

If so what way do i word it so they can't refuse to comply? I know they can refuse to do it.

Their refusal options are fairly limited but are explained at https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/when-can-we-refuse-to-comply-with-a-request/

Do you think they would have grounds to not comply considering i had requested they move the marker and im within the 6 month ombudsman.

No, neither of those would be legitimate reasons to refuse to comply.

If you're basically seeking a copy of a specific call recording, to evidence alleged verbal misinformation, I'd suggest that you simply ask them for that, giving as much detail as possible, i.e. a call on [date] at about [time].

porkisnotmeat

Compliance said:

eskbanker said:

Compliance said:

Do i need a reason for a SAR?

If so what way do i word it so they can't refuse to comply? I know they can refuse to do it.

Their refusal options are fairly limited but are explained at https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/when-can-we-refuse-to-comply-with-a-request/

Do you think they would have grounds to not comply considering i had requested they move the marker and im within the 6 month ombudsman.

Why don't you just ask them, instead of wasting a lot of your own time and that of others discussing "what if's"?

Send the SA.  If they decline, then ask if they can decline.

In all honesty, I have no idea what you expect from thi.  I very much doubt that the "black mark" was issued incorrectly and I don't see what SAR'ing them is going to reveal that you don't already know.  Bear in mind that in many cases, only some calls are recorded, not all of them, but it's still unclear what a transcript of any of your calls is going to reveal.

Compliance

porkisnotmeat said:

Compliance said:

eskbanker said:

Compliance said:

Do i need a reason for a SAR?

If so what way do i word it so they can't refuse to comply? I know they can refuse to do it.

Their refusal options are fairly limited but are explained at https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/when-can-we-refuse-to-comply-with-a-request/

Do you think they would have grounds to not comply considering i had requested they move the marker and im within the 6 month ombudsman.

Why don't you just ask them, instead of wasting a lot of your own time and that of others discussing "what if's"?

Send the SA.  If they decline, then ask if they can decline.

In all honesty, I have no idea what you expect from thi.  I very much doubt that the "black mark" was issued incorrectly and I don't see what SAR'ing them is going to reveal that you don't already know.  Bear in mind that in many cases, only some calls are recorded, not all of them, but it's still unclear what a transcript of any of your calls is going to reveal.

The call in question they already have as they reviewed it but what they say that was said on the recording is not correct so i want the recording to take to the ombudsman.

As for the what ifs, i like to do groundwork before jumping straight into a fight it is better to know if your fighting a losing battle so you can avoid it altogether.

porkisnotmeat

Compliance said:

porkisnotmeat said:

Compliance said:

eskbanker said:

Compliance said:

Do i need a reason for a SAR?

If so what way do i word it so they can't refuse to comply? I know they can refuse to do it.

Their refusal options are fairly limited but are explained at https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/when-can-we-refuse-to-comply-with-a-request/

Do you think they would have grounds to not comply considering i had requested they move the marker and im within the 6 month ombudsman.

Why don't you just ask them, instead of wasting a lot of your own time and that of others discussing "what if's"?

Send the SA.  If they decline, then ask if they can decline.

In all honesty, I have no idea what you expect from thi.  I very much doubt that the "black mark" was issued incorrectly and I don't see what SAR'ing them is going to reveal that you don't already know.  Bear in mind that in many cases, only some calls are recorded, not all of them, but it's still unclear what a transcript of any of your calls is going to reveal.

The call in question they already have as they reviewed it but what they say that was said on the recording is not correct so i want the recording to take to the ombudsman.

As for the what ifs, i like to do groundwork before jumping straight into a fight it is better to know if your fighting a losing battle so you can avoid it altogether.

You are fighting a losing battle, but you're still here so the last statement is clearly false.

It doesn't matter what they said in the recording, what matters is if the "black mark" was incorrectly applied.  So, why was it applied?

[Deleted User]

Compliance said:

porkisnotmeat said:

Compliance said:

eskbanker said:

Compliance said:

Do i need a reason for a SAR?

If so what way do i word it so they can't refuse to comply? I know they can refuse to do it.

Their refusal options are fairly limited but are explained at https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/right-of-access/when-can-we-refuse-to-comply-with-a-request/

Do you think they would have grounds to not comply considering i had requested they move the marker and im within the 6 month ombudsman.

Why don't you just ask them, instead of wasting a lot of your own time and that of others discussing "what if's"?

Send the SA.  If they decline, then ask if they can decline.

In all honesty, I have no idea what you expect from thi.  I very much doubt that the "black mark" was issued incorrectly and I don't see what SAR'ing them is going to reveal that you don't already know.  Bear in mind that in many cases, only some calls are recorded, not all of them, but it's still unclear what a transcript of any of your calls is going to reveal.

The call in question they already have as they reviewed it but what they say that was said on the recording is not correct so i want the recording to take to the ombudsman.

As for the what ifs, i like to do groundwork before jumping straight into a fight it is better to know if your fighting a losing battle so you can avoid it altogether.

Just send the DSAR and if the recording backs up your version of events and shows the firm lied, the ombudsman may well rule in your favour. If your recollection of the call or interpretation of what the person said does not match what was on the call, however, they likely won't. It would be a big risk for the firm to deliberately lie about the recording of a call, knowing you can request a copy (and the FOS probably would do) which suggests your recollection / interpretation is different to what the firm thinks. The question though is what exactly do you believe you were told and whether the person on the other end was correct or not. A late or missed payment is a fact for example, so it depends what your black mark is for, you'd need to explain if you wanted more advice.

eskbanker

Unless it's all a big coincidence, the backstory is explained on OP's other thread:

https://forums.moneysavingexpert.com/discussion/6337948/lender-has-put-a-marker-on-my-credit-file-as-missed-payment-even-though-i-paid

As highlighted on that thread, it would appear that the action was correct but the advice wasn't, so even if the call recording supports OP's recollection, the marker won't be removed (as it reflects the reality that the contractually specified payment wasn't made) but there may be some modest financial compensation paid if FOS agrees that the employee gave out inaccurate information about the credit file impact....