Re: DSAR

by brownowl Thu Jun 02, 2022 8:55 am

daveiron wrote:They reference fraud 4 times in their response.
I would not write to them again on that issue ,just make sure you keep
all the paperwork.
As slow as the ICO may be ,they should be informed of the OCs refusal
to comply,I have had complaints upheld by them and subsequently been
supplied with the data i requested.
The comment they make about requiring further info to I D you ,do not
comply with that ,as seen by their response above they have all they need
other wise they would not have sent that Doc.

To my mind those referencies to fraud may be because you maxed out your
card and never made a payment,so you need to show a reason for that.
The reason i would use is that 'you became aware that banks do not lend
money ,so you have conducted your own research and you now comprehend
that any agreement you may have signed was in fact a negotiable instrument'

See what others think & wait to see what happens next ( while researching the
subject)

Thanks daveiron,

Do not write to them again on what issue? - The fraud they reference or the fact they have not given me the requested documentation?

If i say that I became aware that banks do not lend money as reason for not paying then I would be admitting to the debt?

I was thinking:

Dear CEO,

Thanks for your reply, however the documentation provided was not satisfactory. You state on your website that I can request a DSAR under UK Data Protection law.

GDPR regulations stipulate that I have the right to obtain any and all personal data you hold on me. The law, as stated on your website, requires that DSARs must be answered within 30 days of you receiving the request which you have failed to do, as it has gone beyond a month. Due to your non-compliance with Data Protection laws, I have reported this incident to the ICO whom you shall be hearing from shortly.

I spoke to the ICO again since receiving your late response because you have not allowed me to view my personal data and site the possibility of fraud to be the reason why. You clearly have enough information from me to send any data held on me if you can write back to me suggesting that their may be a fraud investigation within my account, if you did not believe it was myself contacting you then you would not disclose this information from any account I may have with you. Therefore, I do not need to supply more information to identify myself as you have already sent private and confidential information back to me, but unfortunately it was not the information requested. The information requested is, as previously stated, any and all data that X bank hold on me which is my lawful right to obtain from you within 30 days of you receiving the request.

Since my request for a DSAR, I have received a phone call from X bank. Unfortunately, due to ill health, I am unable to take phone calls and all correspondence must be communicated via Royal Mail. The next correspondence I should receive is a full response to my DSAR so that I can establish the facts, and where necessary, oversee the settlement and closure of any account I may have. Without any information proving that I have agreed any any business with you this cannot proceed.

SIGNED

by brownowl Sat Jun 04, 2022 7:33 am

Hello all, do you think my letter/notice is okay or should i make changes?

by **daveiron** Sat Jun 04, 2022 12:36 pm

Its up to you if you want to send it, it looks ok.
Its more important that you inform the ICO of their refusal to comply.

If i say that I became aware that banks do not lend money as reason for not paying then I would be admitting to the debt?

No need to use that argument at this stage.

You will not be admitting a debt ,you are asking for proof of claim.

The first paragraph of the NoCA states that. Please read and comprehend
via the links,its important to do so.

by brownowl Sun Jun 05, 2022 8:18 am

Hi Daveiron,

I've studied the links but as I have not received any real documentation from OC, I am unsure which way to proceed. Or is that a standard response from OCs with regard to the DSAR?

In your opinion, should I crack on with NoCAs to the OC, rather than tell them they have not answered the DSAR and request again? Or should I hold back and wait for the ICO to contact them (or would that count as ignoring them if the ICO take their time?)

On the links referenced it says:

This NoCA is only to be used for original creditors.... you must nonetheless ensure you send the following notice immediately to the OC..... As you are now shown to be in honour and attempting to bring remedy. It is desirable that the alleged account is sold to a debt purchaser.

How do you get the alleged debt sold on without ignoring the OC. Am I ignoring them if I am just waiting for the ICO since lodging the complaint? Or should I be sending another notice saying they breached the DSAR request? or should I start with my first NoCA.

I have studied the referred links but due to them dodging the DSAR I am unsure which way to move forward?

I've never had debts so never had to deal with this. But have read up on it.

Thank you

by **daveiron** Sun Jun 05, 2022 9:51 am

Ok ,slow down. Dont rush things ,you sent DSAR request & they have not
complied. The ICO will deal with that in due course.

If you have informed them that all contacts must be via Royal Mail,thats all
you need to do at this stage.

You will probably get a few letters chasing it up or letters from a debt collector
or two or maybe a solicitor . ( just keep us informed) Unless its a letter before
action ,otherwise they are nothing more than an offer to contract,for which we
have a template for.

Try not to stir the pot ,we want it sold to a debt purchaser first.

by brownowl Sun Jun 05, 2022 9:21 pm

daveiron wrote:Ok ,slow down. Dont rush things ,you sent DSAR request & they have not
complied. The ICO will deal with that in due course.

If you have informed them that all contacts must be via Royal Mail,thats all
you need to do at this stage.

You will probably get a few letters chasing it up or letters from a debt collector
or two or maybe a solicitor . ( just keep us informed) Unless its a letter before
action ,otherwise they are nothing more than an offer to contract,for which we
have a template for.

Try not to stir the pot ,we want it sold to a debt purchaser first.

Ok, will just send a short notice saying:

Dear CEO,

As you have not complied with data protection laws and GDPR I have raised this with the ICO whom you shall hear from in due course. In the mean time all correspondence should be delivered via Royal Mail due to ill health.

SIGNED

Then just ignore until it gets sold on. Thanks.

by **daveiron** Mon Jun 06, 2022 9:51 am

That looks ok, just change to (all contacts must be via Royal Mail)

Dont ignore anything, just let us know what responses you get.
In the mean time continue researching.

by brownowl Sun Jun 19, 2022 2:09 pm

Hello, I've just had a letter through from the OC bank. They seem to think I have a complaint, but I don't, I just want to make a DSAR. I complained to the ICO because they failed to provide my info! Please advise on my next move. I am guessing that I do not have to write back and just wait for their "investigation," to proceed and wait for an "update". Which could lead to them selling the alleged debt on to a DCA, ideal.

Thanks

by **daveiron** Sun Jun 19, 2022 4:21 pm

Hi brownowl,

Have you sent a NoCA or just the letter about the DSAR ?

Either way its the usual response, and an attempt to turn it into a complaint
when its not. It is an attempt to create a controversy.

If its in relation to the DSAR just write back and inform them that you have
at no time made a complaint but merely informed the ICO of their refusal to
comply.

If you have sent the first notice just let me know and i will post the response.

by brownowl Sun Jun 19, 2022 7:04 pm

Hello daveiron,

I've only sent a DSAR.

I will just send a letter back saying that it is not a complaint and i've reported them to the ICO for refusal to comply.

I won't send the first NoCA yet in this case?

by **daveiron** Sun Jun 19, 2022 7:16 pm

Yes thats good. I asked because thats the sort of response you will get
after you have sent the first notice.
With the notices we only ever deal with the CEO and whoever else may
have been included. (just let us know if that happens when you start the
process)

by brownowl Sun Jun 19, 2022 7:36 pm

daveiron wrote:Yes thats good. I asked because thats the sort of response you will get
after you have sent the first notice.
With the notices we only ever deal with the CEO and whoever else may
have been included. (just let us know if that happens when you start the
process)

Ok thanks, when would I start the NoCA process? I imagine this might be a bit of letter ping pong for a while so is it better to just get on with it?

by **daveiron** Sun Jun 19, 2022 8:41 pm

Just rebut that letter refering to a complaint for now.

by brownowl Tue Jun 28, 2022 3:48 pm

daveiron wrote:Just rebut that letter refering to a complaint for now.

Good afternoon.

I rebutted the letter of them saying i have a complaint and not heard back yet. I restated all contacts via Royal Mail. Just got a call from them, i foolishly answered as I thought it was someone else. I just told them they have the wrong number. They shouldnt be contacting me via phone.

Anything to be concerned about or should I just wait for their snail mail and continue with the mail tennis until it is passed to the DCA?

Thank you

by **daveiron** Tue Jun 28, 2022 4:37 pm

For now just log the time and date, if they call again get their name
and inform them you will now be making a complaint to Ofcom,as you have
specifically informed them you are not to be contacted by phone.

by brownowl Tue Jun 28, 2022 11:15 pm

daveiron wrote:For now just log the time and date, if they call again get their name
and inform them you will now be making a complaint to Ofcom,as you have
specifically informed them you are not to be contacted by phone.

I have my own business website. If you search my name you find it. Interestingly, I see that someone from the area that called me from the bank went on my website today after they called me. Perhaps cos I said they had the wrong number and they googled my name... anything to be concerned about? How long does it take until the OC sells to a DCA. It has been 2 months now.

by **daveiron** Wed Jun 29, 2022 8:36 am

I am presuming this is a personal loan & not a business loan.

Dont lie to them if they call again .You have informed them all contacts
must be in writing via RM,and you will not engage any other way.

It may be sold quickly or it could be many months or even years,perhaps
never.
Expect letters from debt collectors first.

by brownowl Wed Jun 29, 2022 1:14 pm

daveiron wrote:I am presuming this is a personal loan & not a business loan.

Dont lie to them if they call again .You have informed them all contacts
must be in writing via RM,and you will not engage any other way.

It may be sold quickly or it could be many months or even years,perhaps
never.
Expect letters from debt collectors first.

Ok, thanks. It is a personal credit card.

Well it might never get sold if I deal with the debt collectors the right way and it disappears Smile

by **daveiron** Wed Jun 29, 2022 2:30 pm

Personally i never engage with debt collectors, they are after all trying
to contract with you.
If i may suggest , The OC may inform you that they have past the account
over to a DC to manage on their behalf and give you the name of the DC.
Do a search for the DC online and note their postcode. If you then receive
a letter giving a return address (usually just a postcode)on the back of the
envelope ,you will then be able to return to sender unopened.
I have found they give up after about 4 attempts and pass it back, I have
had the same result with Drydens Fairfax solicitors.
If you look on The Peoples Lawyer website ,he has labels you can make
to just place on the envelope.

by **daveiron** Wed Jun 29, 2022 2:36 pm

This is also an option
https://goodf.forumotion.com/t5505-solicitors-debt-collectors

by brownowl Wed Jun 29, 2022 9:00 pm

daveiron wrote:Personally i never engage with debt collectors, they are after all trying
to contract with you.
If i may suggest , The OC may inform you that they have past the account
over to a DC to manage on their behalf and give you the name of the DC.
Do a search for the DC online and note their postcode. If you then receive
a letter giving a return address (usually just a postcode)on the back of the
envelope ,you will then be able to return to sender unopened.
I have found they give up after about 4 attempts and pass it back, I have
had the same result with Drydens Fairfax solicitors.
If you look on The Peoples Lawyer website ,he has labels you can make
to just place on the envelope.

Oh even easier, i thought they turn up at your door and harass you? I wanted to do the new goodf approach but this may be easier. I am also tempted to try the method on youandyourcash since I am a member and need to get a mailbox for other purposes too.

by **daveiron** Thu Jun 30, 2022 8:15 am

They rarely ever come to your door, If you want to counter the possibillty
just have attched to your door 'Private. By appointment only' in my
experence that works extremly well with all cold callers.You can also
have near your entrance a WOIRA notice.

Remember you have no obligation to answer the door to anyone.

by brownowl Tue Jul 05, 2022 8:05 pm

Hello, here is my last letter and I have attached their recent reply

:

Dear CEO,

I received a letter on the 18th June 2022, I must say it is very confusing to receive such a letter which is totally irrelevant to my original Data Subject Access Request sent and received over two months ago.

The letter stated that you would be investigating my ‘complaint.’ You have also enclosed a “we’re here to help” leaflet which explains how you handle complaints. But I did not raise a complaint with you.

I made a Data Subject Access Request on 22/04/2022, not a complaint, which you have still not complied with and is long overdue. As you did not comply with the data protection laws and GDPR, I was forced to raise the breach with the Information Commissioner’s Office. After I raised the issue with the ICO, I sent you a legal notice, not a complaint, to notify you that I had informed the ICO of the fact that you failed to comply with a DSAR, Data Protection laws and GDPR. This was sent via Royal Mail on 09/06/2022, Tracking reference WD450172928GB, signed for on delivery on 13/06/2022 at 7:33am.

Neither of my notices were complaints, so you do not need to investigate a complaint and the leaflet is irrelevant to my Data Subject Access Request.

As you have still not complied with the DSAR, but instead sent a letter suggesting I made a complaint to you, I will be speaking with the ICO again who will be in touch with you shortly, if they have not been already.

As noted in my last notice, all contact via Royal Mail due to my ill health.

by brownowl Thu Jul 07, 2022 6:47 am

Hello, see the above post with the OCs recent reply. Do I just rebut the letter or do I now switch to the NoCA?
Thank you

by **daveiron** Thu Jul 07, 2022 8:51 am

You could if you wish start the NoCA route.

I personally split their responces into 2 seperate files;
1 Everything to & from the CEO in 1 folder
2 Everything from a minion in another .

You will no doubt find folder 1 will only contain your notices etc as the CEO
is very unlikely to respond.

Folder 2 will contain all the BS and distraction from the minions. i just rebut
these and inform them the matter is being dealt with privately with the CEO.

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