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  • SAR - No relevant docs sent

    Hi, I made a SAR request to Barclays in order to untangle the history of my commercial mortgage and all they sent me was copies of old Egg and Barclaycard statements. There was nothing else at all. No statements from the business bank account or from the commercial loan/mortgage. Both of those were in my name.

    Do I make another SAR stating the account references and pay another £10 or contact them in some other way (letter? call?) advising they haven't sent me everything and ask for the rest?

    Thank you

    Edit: Found one to use.

    Dear Sir or Madam

    Subject access request
    Further to my letter of ......... in which I made a subject access request, I would now like you to revisit the way you handled my request.
    I requested the following information:
    All data in your possession that relates to me and am entitled to under Section 7(1) of the Act.
    If you store older records on microfiche, the Information Commissioner clearly states that you must send me this in fully legible and comprehensible form
    a) A true copy of signed credit notes (credit agreements)
    b) Any Deed of Assignment
    c) Novation Agreement
    d) Statements of Accounts
    e) Duplicate statements or print out of all transactions
    f) Copies of any stored telephone calls
    g) All internal/external emails sent by you
    h) All internal/external letters sent by you
    i) All computer logs, notes, transcripts and memos stored on your computer
    j) Details in any format of ALL information disclosed to a third party by you and to whom and why
    k) A true copy of the terms and conditions when the accounts were opened
    l) A true copy of any subsequent amendments to those terms and conditions
    m) True copies of any Notices of Assignment
    n) True copies of any default notices, court orders or pending legal action
    o) Information related to any charges such as returned payments etc, please include your breakdown of the actual costs and your liquidated damages
    p) All information that is stored by you, by any means of storage.
    q) All handwritten notes, memos and letters sent by you
    r) All information held by you and any of your other companies, including all of the above requests for each company

    I received a response from you on ............ from ‘The Manager’. From the information you have provided and from my reading of the Information Commissioner’s Office website at ico.org.uk, I suspect you have failed to disclose all the relevant information I requested.
    I believe that I have not received all the data I am entitled to. I expected to receive any personal data relating to me that may be contained within the following:
    • Account
    • Account
    • Account
    • Your Ref:
    • Your Ref:

    If you have withheld any information relating to me I would be grateful if you would confirm this and tell me why you consider it appropriate to do so.
    If there is anything further you can do to resolve this matter, or further information you can provide, please do so.
    As the statutory time limit for responding to my subject access request (40 days) has now expired, I would be grateful if you could provide this information within 14 days.
    I must advise you that if I do not receive a satisfactory response from you, I will report this matter to the Information Commissioner’s Office (ICO).
    You can find advice on the ICO’s website on how to deal with a subject access request [ico.org.uk/sar] and information on their powers and the action they can take [ico.org.uk/action] or call them on 0303 123 1113.
    Yours sincerely



    Off this goes to them.....
    Last edited by Disastra; 12 October 2016, 12:54.

  • #2
    Re: SAR - No relevant docs sent

    Originally posted by Disastra View Post
    Hi, I made a SAR request to Barclays in order to untangle the history of my commercial mortgage and all they sent me was copies of old Egg and Barclaycard statements. There was nothing else at all. No statements from the business bank account or from the commercial loan/mortgage. Both of those were in my name.
    I suspect the key lies in the words I've highlighted above. Subject Access Requests apply to individuals rather than businesses, which may explain why they sent you the data regarding your credit cards, but not the data relating to the business account or commercial mortgage.

    Comment


    • #3
      Re: SAR - No relevant docs sent

      Edit, doubled in error.
      Last edited by Disastra; 13 October 2016, 18:51.

      Comment


      • #4
        Re: SAR - No relevant docs sent

        I just presumed that as it was all in my name then asking for anything held about me would mean those too. Live and learn.....

        Have just checked the ICO website and there's a PDF for organisations entitled: Determining what is 'Personal Data' On the flowchart one of the questions is: Does the data 'relate to' the identifiable living individual whether in personal or family life, business or profession? If the answer is yes then it is 'Personal Data' for the purposes of DPA. Backs them into a corner really.

        https://ico.org.uk/media/for-organis...sonal-data.pdf

        Comment


        • #5
          Re: SAR - No relevant docs sent

          Yes they should comply with your request; regardless that you had a business IF they hold YOUR personal details as well, then you (as the individual) can apply for SAR.

          If its +40 days late complain to the ICO.

          As you know - thanks for your email - the ICO is under a new domain now.
          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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