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  • FIRST POST
    • Les79
    • By Les79 11th Jul 19, 7:25 PM
    • 1,397Posts
    • 1,550Thanks
    Les79
    GDPR issue payday loan
    • #1
    • 11th Jul 19, 7:25 PM
    GDPR issue payday loan 11th Jul 19 at 7:25 PM
    Hi all,

    Going to keep it really simple.

    How do SARs fit in with GDPR and the ICO?

    EDIT: thanks for replies.
    Last edited by Les79; 11-07-2019 at 10:43 PM.
Page 1
    • Willing2Learn
    • By Willing2Learn 11th Jul 19, 7:30 PM
    • 4,027 Posts
    • 3,606 Thanks
    Willing2Learn
    • #2
    • 11th Jul 19, 7:30 PM
    • #2
    • 11th Jul 19, 7:30 PM
    With your SAR request, the ICO website states that in certain circumstances, the SAR request can take up to three months:
    An organisation has one month to respond to your request. In certain circumstances it may need extra time to consider your request and can take up to an extra two months. If it is going to do this, it should let you know within one month that it needs more time and why.
    Source: ICO - Your data matters / Your right of access
    I work within the voluntary sector, supporting vulnerable people to rebuild their lives.

    I love my job

    • Les79
    • By Les79 11th Jul 19, 7:35 PM
    • 1,397 Posts
    • 1,550 Thanks
    Les79
    • #3
    • 11th Jul 19, 7:35 PM
    • #3
    • 11th Jul 19, 7:35 PM
    With your SAR request, the ICO website states that in certain circumstances, the SAR request can take up to three months:


    Source: ICO - Your data matters / Your right of access
    Originally posted by Willing2Learn
    You are completely right! I was 100% aware of that when I made the SAR, and the FCA very kindly pointed that out to me


    But the company did not comply with the following bit:

    If it is going to do this, it should let you know within one month that it needs more time and why.
    I only learnt about the SAR delay a few days after the deadline had passed when I chased it up.
    • zx81
    • By zx81 11th Jul 19, 7:47 PM
    • 23,511 Posts
    • 26,104 Thanks
    zx81
    • #4
    • 11th Jul 19, 7:47 PM
    • #4
    • 11th Jul 19, 7:47 PM
    There's no compensation, but you can submit a complaint to the ICO.

    Any fine levied against the company will go to the regulators, rather than you.
    • Les79
    • By Les79 11th Jul 19, 8:27 PM
    • 1,397 Posts
    • 1,550 Thanks
    Les79
    • #5
    • 11th Jul 19, 8:27 PM
    • #5
    • 11th Jul 19, 8:27 PM
    There's no compensation, but you can submit a complaint to the ICO.

    Any fine levied against the company will go to the regulators, rather than you.
    Originally posted by zx81
    Oh I know RE: fines! I have reported them to the ICO partially to help other consumers! Here's hoping.

    I've had compensation in situations which were much less serious. That's the problem! Unless you want to challenge my version of events further (I'll listen!), my personal information has been passed to a third party unlawfully! And they've ignored a SAR!

    I actually think that there is scope for "compensation" to be fair!
    • zx81
    • By zx81 11th Jul 19, 8:28 PM
    • 23,511 Posts
    • 26,104 Thanks
    zx81
    • #6
    • 11th Jul 19, 8:28 PM
    • #6
    • 11th Jul 19, 8:28 PM
    Unless you want to challenge my version of events further (I'll listen!)
    Originally posted by Les79
    I wasn't aware I had challenged them at all.

    Apologies if you somehow got that impression.
    • sourcrates
    • By sourcrates 11th Jul 19, 9:33 PM
    • 18,223 Posts
    • 17,128 Thanks
    sourcrates
    • #7
    • 11th Jul 19, 9:33 PM
    • #7
    • 11th Jul 19, 9:33 PM
    Oh I know RE: fines! I have reported them to the ICO partially to help other consumers! Here's hoping.

    I've had compensation in situations which were much less serious. That's the problem! Unless you want to challenge my version of events further (I'll listen!), my personal information has been passed to a third party unlawfully! And they've ignored a SAR!

    I actually think that there is scope for "compensation" to be fair!
    Originally posted by Les79
    I think you may find way down in the small print of your original agreement it will state they can pass your account to a 3rd party debt collector.
    The problem you have with debt collectors is that the rules they abide by are not rules as such, but guidelines, which are always open to interpretation.
    I personally hate the debt collection industry, but you have to know which battles you can win, and which you cannot.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".

    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views expressed are mine and not the official line of MoneySavingExpert.com.

    Helping you deal with problem debt.

    For free debt advice, contact either : Stepchange, National Debtline, CitizensAdviceBureaux.
    • Rainbowgirl84
    • By Rainbowgirl84 11th Jul 19, 11:02 PM
    • 1,037 Posts
    • 1,801 Thanks
    Rainbowgirl84
    • #8
    • 11th Jul 19, 11:02 PM
    • #8
    • 11th Jul 19, 11:02 PM
    Why the complete change to the OP? It makes the replies to it nonsensical..
    • boo_star
    • By boo_star 11th Jul 19, 11:26 PM
    • 2,396 Posts
    • 1,757 Thanks
    boo_star
    • #9
    • 11th Jul 19, 11:26 PM
    • #9
    • 11th Jul 19, 11:26 PM
    I actually think that there is scope for "compensation" to be fair!
    Originally posted by Les79
    There may be but what I think zx81 was trying to say was that the ICO have no authority to demand that the PDL company pay it to you. They'll just fine them if appropriate (and you won't see a penny of that.)

    If you're interested in compensation you're much better off going to the FOS.
    • Kentish Dave
    • By Kentish Dave 12th Jul 19, 6:00 AM
    • 783 Posts
    • 1,462 Thanks
    Kentish Dave
    Hi all,

    Going to keep it really simple.

    How do SARs fit in with GDPR and the ICO?

    EDIT: thanks for replies.
    Originally posted by Les79
    As you are asking for advice...

    You seem to want to pick fights over very minor issues that have come about due to you originally being in the wrong.

    Iíd recommend that instead of borrowing money that you then donít repay on time and then getting upset at the consequences that you put your efforts into making sure that you donít need a payday loan ever again.

    Needing one tends to suggest that you would benefit from posting a SOA up and taking on board the good advice that would follow.
    • Kentish Dave
    • By Kentish Dave 12th Jul 19, 7:29 PM
    • 783 Posts
    • 1,462 Thanks
    Kentish Dave
    Hi all,

    2. I entered into payday loan contracts as a RESPONSIBLE lender. I had health issues and it spiralled out of control to the point where I had to seek help.
    Originally posted by Les79
    Borrower, not lender.

    And taking out a payday loan pretty much serves as proof that you are not a responsible borrower.

    Have a read of the name again, payday loan. It is meant to tide you over to your next pay day. You would still have had one of them even were you unwell.

    And I did offer you relevant guidance, you just didnít like it.

    Iíll offer it again, take the energy from this silly comp,ainít, and put it into something positive. You are heading for a very miserable old age at present.
    • glennstar
    • By glennstar 15th Jul 19, 7:06 AM
    • 204 Posts
    • 121 Thanks
    glennstar
    Full points for trying your best, Kentish Dave, but I fear that Les79, et al, are one of those growing group of semi-professional weaselers who get into scrapes because they do not engage with the given situation properly, end up with a suboptimal result and then find loads of reasons why they have been hard done by and then have a right old complain in the hopes that somehow they will wear the their opposite number (doesn't matter who it is by the look of it) down and to get away with something.

    You have offered fair, unbiased, factual advice.

    Les79, feel free to report this comment too - like the last one I left that you didn't like... if you like.

    I actually think that there is scope for "compensation" to be fair!
    Breath taking!
    The views expressed here are my own. I am not a Solicitor nor am I affiliated with any of the parties I mention. If you disagree with any of my comments please say in whatever way feels most natural to you. No one self improves in a bubble!
    • Les79
    • By Les79 15th Jul 19, 7:42 PM
    • 1,397 Posts
    • 1,550 Thanks
    Les79
    Full points for trying your best, Kentish Dave, but I fear that Les79, et al, are one of those growing group of semi-professional weaselers who get into scrapes because they do not engage with the given situation properly, end up with a suboptimal result and then find loads of reasons why they have been hard done by and then have a right old complain in the hopes that somehow they will wear the their opposite number (doesn't matter who it is by the look of it) down and to get away with something.
    Originally posted by glennstar
    No, I'm just concerned about my data

    I don't like it being passed to a third party potentially unnecessarily.

    And I don't like waiting over 1 calendar month for a SAR for no reason.

    Just because you're not bothered about your data, doesn't make me a "weaseler".

    You have offered fair, unbiased, factual advice.
    I would have agreed with you both..... 12 MONTHS AGO! When I sort of did precisely what their "advice" entailed.

    The advice was unsolicited and irrelevant given the context.

    Les79, feel free to report this comment too - like the last one I left that you didn't like... if you like.


    Breath taking!
    I didn't report your other post!

    But you did appear to make a baseless allegation of fraud against another user.

    I agreed to remove my quote of the message if you PM me.

    The comment you made could *potentially* be libel, and MSE probably doesn't like to be drawn into stuff like that.
    • glennstar
    • By glennstar 15th Jul 19, 8:18 PM
    • 204 Posts
    • 121 Thanks
    glennstar
    But you did appear to make a baseless allegation of fraud against another user.
    Originally posted by Les79
    It wasn't an allegation, it was simple observation. The OP failed to make the loan reason known to the lender, quoting something else instead. This is technically fraud. If they want to take it up with me then they are free to do so.

    The comment you made could *potentially* be libel, and MSE probably doesn't like to be drawn into stuff like that.
    Originally posted by Les79
    You probably want to read up on what libel is... or in this case, technically, defamation. Once you've had a quick read up, you can explain to me how my statements were defamatory.
    The views expressed here are my own. I am not a Solicitor nor am I affiliated with any of the parties I mention. If you disagree with any of my comments please say in whatever way feels most natural to you. No one self improves in a bubble!
    • Les79
    • By Les79 15th Jul 19, 8:30 PM
    • 1,397 Posts
    • 1,550 Thanks
    Les79
    It wasn't an allegation, it was simple observation. The OP failed to make the loan reason known to the lender, quoting something else instead. This is technically fraud. If they want to take it up with me then they are free to do so.

    You probably want to read up on what libel is... or in this case, technically, defamation. Once you've had a quick read up, you can explain to me how my statements were defamatory.
    Originally posted by glennstar
    If you want to make those points, do it on the other thread!

    This is precisely why a lot of people don't post on this forum! And probably why cf1234 won't be back on this forum...

    You pose a question about GDPR and you get an answer about something else from some people (I acknowledge some users who were helpful).

    You post about having a gambling issue and reclaiming money and you are accused of committing fraud.
    • Kentish Dave
    • By Kentish Dave 16th Jul 19, 6:24 AM
    • 783 Posts
    • 1,462 Thanks
    Kentish Dave
    Did you tell the truth in every way on your application, including the reason?

    If not then that’s fraud.
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