DSAR from OC

by Biggiebest Sat Aug 17, 2024 8:10 pm

Quick question please.

If an original OC refused to provide a DSAR due to requiring more ID despite two requests, am I correct that if they didn't supply, if it is still outstanding, no court action can be taken?
This OC went on to sell to a DB.
Any advice please?

by waylander62 Sat Aug 17, 2024 8:43 pm

the DSAR would be the responsibility of the OC, the argument would be with the OC and a complaint to the ICO should be made.

The DB would still be able to take it to court. The fact that the OC is in dispute with you over the DSAR would not stop Court action by a DB.

by Biggiebest Sat Aug 17, 2024 10:09 pm

Thank you Waylander.

I saw a previous post sometime back where I thought this was a possibility.

I am now aware. Cheers. BB

by waylander62 Sun Aug 18, 2024 10:46 am

they have refused your DSAR, on what grounds are they refusing to provide it ?

what further ID do they require ?

I don't like it when they want something with your signature on it such as a passport or driving licence if this is supplied then they have a copy of your true signature and can use it.

by Biggiebest Mon Aug 19, 2024 7:49 pm

Waylander.....thank you for responding again to my question.

the first request was replied with, we cant match your details with the records we hold on file. (They sent the account holder statements etc and had their DOB and address so should be no issue). They instructed the person to call into a branch with two certified copies of ID. The alleged holder refused as they believed their signature could be used. (As you said above).

Two further requests were made back in 2021 and each time they responded with the same comment. However, they did respond to a NOCA enclosing a copy of a signed agreement and stating there is an alleged debt.

I have been through the holders paperwork and note an email from the ICO in reply to his complaint who state:
We understand that not placing a persons name on the letter can present a risk for a third party to view and we will bring this to their attention and offer advice.

In respect of an organisation requesting further information such as proof of ID. You can go into any branch or upload a scanned copy or send it in the post.

We will not be taking any further action but do record all complaints made regarding an organisation.

What is the point of complaining to the ICO if the above is the reply?

Thank you. BB

by waylander62 Mon Aug 19, 2024 8:46 pm

well in this case you have your answer
if they want a copy of the signature send them a copy of the signed agreement they sent you and maybe a copy of a utility bill

council tax, water, electric etc as proof of address.

they have what they need now.

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