Cca Requests Updates Please

rog2

pebbles88 wrote: »

They have sent the info from my SAR req, still no proper agreement, just statementsd only going back to 2003 (account opened in 98), some more t&c's which i know are new as they have the current reduced credit limit on.. and also a timeline of my letters and their replies etc.... and copies of all my letters to them, with some lovely notes scrawled on them..

they also included details from another customer.... :eek: a gentleman near london.. im horrified, should i let him know?? do i complain to the bank??

going back to mine, i think its obvious they dont have the cca when they cant even send all my statements dating back to the start of the account. they have a few more days if i go from when they signed for it... from me sending it the 40 days is tomorrow..

i spoke to trading standards about them not supplying the cca, but beacuse its for over £5000 they cant help, but she did say that i had covered everything they could do and that im getting good advice from somewhere!! GO GO MSE'ers!:money:

Hi peb

• With regard to the information that they sent you concerning the 'gentleman from the London area' this is oviously a breach of the Data Protection Act. Do NOT inform the Bank yet - instead, please send a pm to 10past6 - he will be able to advise you as there are some very serious consequences to be considered here. (I will also pm him to draw his attention to this).
• They are only legally oliged to provide statements for the last six years.
• They should still have provided the cca, irrespective of age.
• Assuming that, now that the 40 days are up, they still have not sent the cca, they are now in default.

fermi

pebbles88 wrote: »

going back to mine, i think its obvious they dont have the cca when they cant even send all my statements dating back to the start of the account. they have a few more days if i go from when they signed for it... from me sending it the 40 days is tomorrow..

In that case:

The letter below is for missing documents on a bank charges claim SAR, but the principle is the same.

Just adapt the list of missing information.

I assume you requested a copy of the signed agreement?

Dear Sir/Madam

Account: xxxxxxxx

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated (Insert Date). The disclosure of personal data is incomplete in that at least the following documents are missing.

(Adapt this next section to your situation)

1) You have failed to provide a complete list of transactions and charges.(Add details of missing period - or a transaction that you know about which is not included)
2) You have provided no notes, or documents relating to any legal action between you and myself.
3) You have provided no notes, or documents relating to instances of manual intervention.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

Should you not hold a copy of the above documents, then please confirm this in writing.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Yours faithfully,



[name]

stapeley

Lexicon wrote: »

Hi,

Quick update. Got a letter today from Brethertons solicitors stating that their client wont be persuing for any monies any more.:j:beer::T:rotfl:
This is a really big result for me as this has been going on since 1998.:eek:
I am sooo glad that they are now a part of my past and have no bearing on my future. :cool:

Thanks to everyone who has given their insights and advice to this forum, without it I would have no clue what to do. Thank you alll:T

Good news , but make sure you have confirmation in writing !

pebbles88

rog2 wrote: »

Hi peb

• With regard to the information that they sent you concerning the 'gentleman from the London area' this is oviously a breach of the Data Protection Act. Do NOT inform the Bank yet - instead, please send a pm to 10past6 - he will be able to advise you as there are some very serious consequences to be considered here. (I will also pm him to draw his attention to this).
• They are only legally oliged to provide statements for the last six years.
• They should still have provided the cca, irrespective of age.
• Assuming that, now that the 40 days are up, they still have not sent the cca, they are now in default.

Hi Rog,

I will PM 10past6 now, thanks. They were already in default, hopefully now I can get somewhere with them!

fermi wrote: »

In that case:

The letter below is for missing documents on a bank charges claim SAR, but the principle is the same.

Just adapt the list of missing information.

I assume you requested a copy of the signed agreement?

Hi Fermi,

here is what i put in my sar request letter..

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


I would be grateful if you would provide the following for the above account that I hold 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 the above account 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 accompanying appendices of the documents included and reference to the purpose or meaning to those documents.

I enclose the statutory maximum fee of £10. This fee is to be used solely for the purposes of supplying the Subject Access Request. You have 40 days in which to comply.


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 hitherto found to be acceptable.

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.

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

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

rog2

stapeley wrote: »

Good news , but make sure you have confirmation in writing !

Sounds as though he already has:

Lexicon wrote:

Hi,

Quick update. Got a letter from Brethertons solicitors stating that their client wont be persuing for any monies anymore. :j:beer::T:rotfl:

stapeley

Cheers Rog , just rushed through posts . So very good news well done !

Lexicon

rog2 wrote: »

Sounds as though she already has:

Lexicon wrote:

Hi,

Quick update. Got a letter from Brethertons solicitors stating that their client wont be persuing for any monies anymore. :j:beer::T:rotfl:

Just to let you all know and to stop any confusion I am male.:D I think:rotfl:

rog2

Lexicon wrote: »

rog2 wrote: »

Sounds as though she already has:

Lexicon wrote:

Hi,

Just to let you all know and to stop any confusion I am male.:D I think:rotfl:

Sorry about that

I will 'edit' my post forthwith. :rolleyes:

stapeley

WOW heading for the 80,000 veiwings on this thread !

MS_Dolphin

Had a letter from M&S money - about 50 days after my SAR letter saying that they require a signature before they can action my request.

In the letter they also referred to my previous CCA letter saying that this also applied in this case. They said that they'd previously sent a letter to this effect - which I've never received.

There was no mention of the £11 total sent in postal orders.

Are they correct in saying that they need my signature for either/both the CCA and SAR letters and if so, why have 3 other companies responded to these requests?

Thanks,

MS D