DSAR

by redraspberry Sun May 01, 2022 1:04 am

Hello,

I've sent a DSAR to creditor but have not received anything in 28 days. What is my next action? Thank you

by **daveiron** Sun May 01, 2022 9:50 am

They have 1 month from receipt of your request to comply.

Give it a few more days and if no reply ,inform the ICO .

https://ico.org.uk/make-a-complaint/

by brownowl Wed May 25, 2022 9:53 am

Hello, I requested a DSAR and did not hear anything so i then informed the ICO. They said they can take 3 months. Is there anything I should do in the interim period while I am getting letters saying I owe money and being charged late payment fees. It is still with original creditor.

by **daveiron** Wed May 25, 2022 12:12 pm

This is taken from the ICO website .Is what has happened to you
compliant with what has occured with you. ie did the OC inform you
that they needed more time ? if not they are in breach of the regs.

How long does an organisation have to respond?

An organisation normally has to respond to your request within one month.

If you have made a number of requests or your request is complex, they may need extra time to consider your request and they can take up to an extra two months to respond.

If they are going to do this, they should let you know within one month that they need more time and why.

What you have requested is not complex .

I would suggest you recontact the ICO and inform them ,your request is neither numerous or complex.

In the meantime i would suggest you study this;
https://goodf.forumotion.com/t5501-noca-for-original-creditors
The links you need are in this thread:
https://goodf.forumotion.com/t5263-the-new-goodf-approach-please-read-this-first

by brownowl Wed May 25, 2022 12:44 pm

Thanks for your reply

The OC have not responded at all. The info that was on the ICO website said they would respond within 3 months however on their email it just says:

"If you have made a new complaint - we’re unlikely to look into it unless you have raised it with the responsible organization (for a data protection complaint) or the responsible public authority (for a freedom of information complaint) first. Please make sure you have sent us a copy of their final response to you. We will assign your complaint to a case officer as soon as we can, and they will contact you in due course."

So I will give it a few days and recontact the ICO

by **daveiron** Wed May 25, 2022 1:21 pm

Personally i would not wait a few days , that qoute above is directly from
the ICO website ,and as i said your request is not numerous or complex
and the OC is in breach of the regs. Its a fob off from someone at the ICO.
You could do it by email if you want

by brownowl Wed May 25, 2022 1:42 pm

I think it is just an automatic response that everyone gets when they submit a complaint. I only submitted it at 10am today. I will call them tomorrow.

by brownowl Thu May 26, 2022 11:37 am

I have studied the links referred to a few times.
I spoke to ICO on the phone but they say that they have a backlog of 3 months and doesn't seem like I can really do anything about that - not sure exactly what i can really do... By that time, I think that by then the original creditor will have passed the alleged debt to a debt collector. Then I will need to send a DSAR to debt collector, which will also take 3 months!

by **daveiron** Thu May 26, 2022 12:03 pm

Ok its not a problem,
I presume its for a loan or credit card ?

Whats the position, are you being chased ?
Is it still with the OC or sold on ?

A bit of info would help to steer you in the right course.
(no personal details)

by brownowl Thu May 26, 2022 12:15 pm

Hi daveiron.

I took out the credit card a while ago, but never used it, until an emergency and had to max it out. My financial situation has changed quite a lot Sad

since getting the card, so i suspected i might not be able to pay it. I've never had experience with debt collectors, loans or credit cards.

The alleged debt is with the OC. They have an old address for me on their system and an email address which is defunct so I have not had any statements (but i opted for paperless, so should not get paper statements).
I did put my current address clearly on the DSAR and told them to send it there otherwise I would not receive it.

So far I have not been chased as the first payment was due earlier this month. So I suspect as they wont be able to get hold of me and I have never made a payment then they will sell it to a DCA in a couple of months, in which time the credit rating will take a kicking (but i do not really care about that).

Should I just not interact with OC, wait until it is sold on and then DSAR the DCA (although my concern there is this 3 month backlog, in which time they will harass me.) I've also watched the Youandyourcash get out of debt module - he doesn't seem to do the DSAR but gets a fictional third party involved and does the 3 letters.

A mindfield for me! Thank you.

by **daveiron** Thu May 26, 2022 1:04 pm

Ok, thats good there is no pressure atm.
Whatever happens now,your credit rating will take a hit,if you are
like me it will not matter.
Personally i would not bother with the 3 letters,they are no longer very
effective.

The idea is to stop this before they decide opon court action.

If you are prepared to put in a little study & time start with these.
https://goodf.forumotion.com/t5263-the-new-goodf-approach-please-read-this-first

Read that and watch / read the links at the bottom.
When you have done that and get some comprehension of how things work
you can start the process with this;
https://goodf.forumotion.com/t5501-noca-for-original-creditors
or if it gets sold ;
https://goodf.forumotion.com/t4987-notice-of-conditional-acceptance-for-debt-purchasers-only

You are at an early stage with this so you have plenty of time,but never ignore
anything.
just keep us updated as things progress.

by brownowl Thu May 26, 2022 1:14 pm

Hi daveiron, I've read all these links - they say to send the NoCAs (aren't they the same as the 3 letters?) I can't get started with them until I hear back from the DSAR, right?

The OC has began calling me now but I have not answered. I can't ignore any of their paperwork since I have not received any yet, I don't think i ever will since they do not have my address, other than that provided on the DSAR which they havent responded to. I don't imagine the OC try to go to court as they just sell it on to a DCA? Should I ignore their calls?

by **daveiron** Thu May 26, 2022 1:35 pm

It will usually be sold ,but not always ,for example HSBC sometimes
litigate themselves.
As they have started calling ,i would write to them informing them you
only give your permission to contact you via Royal Mail.

Not having your address does to some extent play into their hands as
they can just go ahead and get a CCJ against you without your knowledge
and its a lot of hassel to do anything about it.

The NoCA is much more than the 3 letters are ,if you study the links
at the bottom you will see why.

by brownowl Thu May 26, 2022 2:12 pm

Hello, so should I change my address via the internet/app. Then write to them informing them that they should only contact via royal mail and include my address? - should i also refer to the fact they have not responded to the DSAR?

So, i am not going to hear about this DSAR for a while so should I just go ahead and send the NoCAs to OC or wait until it gets sold (therefore not interact with OC which would mean ignoring any paperwork?) It isn't with HSBC.
Most people on here seem to not do anything with the OC and only start writing when it has been sold..?

by **daveiron** Thu May 26, 2022 2:34 pm

Its always preferable to wait until its sold ,(without ignoring them)

At this stage just write to them informing them the only contact is to
be via Royal Mail. Your correct address will be on the top of your letter
anyway. From this point on send everything recorded delivery.
I would suggest you collect from the post office a handful of recorded
delivery labels ,that way you can quote the tracking number in your
correspondence.

What will probably happen now is that they will engage debt collectors/
solicitors to try and collect (we have a template for that which i have
used personally with great effect)

I presume the card is not issued from your bank,if so you will need to
change your bank now other wise they will just take the payments.

by brownowl Thu May 26, 2022 3:09 pm

Thanks Daverion,

I've read the templates and I am looking forward to using them.

So I can write a notice (do i write to the CEO?) and do as follows:

- quote tracking number reference from my DSAR as I sent recorded delivery
- only contact me via royal mail
- notify them that I am awaiting a response to my dsar (address was on that notice too) before I can settle any alleged debt.

If they contact me after that, how would I wait until it is sold on at the same time as not ignoring them?

The card is from a different bank.

Thanks

by **daveiron** Thu May 26, 2022 4:39 pm

Thats it, you have got it.
Its now a waiting game .Just let us know what responses you get.
In the mean time just study the links ,most are videos anyway.
Also comprehend the use of Conditional Acceptances ,they can in
various forms be used for many things.

by brownowl Thu May 26, 2022 4:48 pm

OK great. Does writing to the CEO work, they seem to just ignore it and pretend they never received it. If they try to contact me thru other means after my royal mail request do I just ignore it then since I have told them o cannot answer unless it is Royal Mail?

Have you ever used a third pair of eyes as Spaniard from youandyourcash does?

by **daveiron** Thu May 26, 2022 5:28 pm

Yes always write to CEO personally .if he does not respond himself it puts
him in dishonour. If they ignore and contact by other means ,you can send
them a cease and desist notice.They usually comply though.

I like si's approach ie using a third party, its up to you ,if you have someone
that will do it with you.

by brownowl Thu May 26, 2022 10:55 pm

Thanks for the advice.

I was planning on just writing from myself to say that they must liaise with my 'third party' who is actually myself and give them my current address as the third party since they don't have my current address?

by brownowl Wed Jun 01, 2022 8:18 pm

Hello, So I have not contacted the original creditor and they had stopped calling. I have today received the reply to the DSAR. What a joke. The image is a bit cut off but you get the gist....Take a look. I can't see my own data in case of fraud.

by **daveiron** Wed Jun 01, 2022 8:45 pm

So who is allegeing fraud ?

i would contact the ICO again ,they admit they hold your data and are
refusing to provide it.

by brownowl Wed Jun 01, 2022 9:15 pm

No-one is alleging fraud, to my knowledge. ICO are useless.

by brownowl Wed Jun 01, 2022 9:56 pm

Should I write another letter to the OC stating that they breached regs by taking more than 30 days and by refusing to provide my data that they admit to having then they are further breaching regulations. Noone is alleging fraud so it would not prejudice the process of any fraud investigation...? Or should I proceed to NoCA? Or wait until they pass to DCA since they cannot provide my info requested?

Their website says about DSAR requests, "we may need to call you to ask further questions or to request more information to help us identify you."

by **daveiron** Thu Jun 02, 2022 8:25 am

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)

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