SAR - Declined - Signature Required!

[gursh]

I recently sent off a SAR to NatWest and it was returned requesting my signature. This also happened when i requested a copy of my CCA, which to date i have not received. I know the Consumer Credit Act 1974 does not require that i supply a copy of my signature but I still never received a copy of my CCA after so many attempts. What documentation can I provide to substantiate my identity for Data Protection purposes apart from a signature?

[Never-In-Doubt]

Re: SAR - Declined - Signature Required!

I recently sent off a SAR to NatWest and it was returned requesting my signature. This also happened when i requested a copy of my CCA, which to date i have not received. I know the Consumer Credit Act 1974 does not require that i supply a copy of my signature but I still never received a copy of my CCA after so many attempts. What documentation can I provide to substantiate my identity for Data Protection purposes apart from a signature?

Nothing - cos you do not need to, send this back: ---> Demand of your Signature

[gursh]

Re: SAR - Declined - Signature Required!

Thanks for the quick response.
I sent that when i requested my CCA, they still refused to send a copy to date!
I thought if i send a SAR then they will have to produce it, Same response!

[Never-In-Doubt]

Re: SAR - Declined - Signature Required!

Thanks for the quick response.
I sent that when i requested my CCA, they still refused to send a copy to date!
I thought if i send a SAR then they will have to produce it, Same response!

Send the above template for the SAR and then send a complaint to the ICO for refusal to release data, point is the 40 days are counting down from the date they signed for the request.

As for the CCA, sod it -they cannot enforce the agreement without responding, the longer they ignore you the better - nothing they can do until they do comply. You should leave sleeping dogs and all that

[Riz]

Re: SAR - Declined - Signature Required!

If they genuinely doubt who you are, then it is acceptable to ask for a signature or some other corroboration of identity.

However, if they are just trying to be obstructive without genuine cause, then as said report them.

You may need to adjust the suggested template to suit a SAR rather than a CCA request.

Also see this:

Checklist for handling requests for personal information (subject access requests)

"Often you will have no reason to doubt a person’s identity. For example, if a person with whom you have regular contact sends a letter from their known address it may be safe to assume that they are who they say they are."

[Riz]

Re: SAR - Declined - Signature Required!

Anyway. It's this bit that would need changing.

I'd like to draw your attention to the fact that the Consumer Credit Act 1974 does not require that I supply you a copy of my signature.

Don't want to confuse Natwest even more than they already normally are.

Needs to be clear that the letter is in response to the demand for a signature for the SAR request, not a repeat of the letter already sent re the CCA request.

[Never-In-Doubt]

Re: SAR - Declined - Signature Required!

shit - what happened? I highlighted 4 posts and now they aint ere?

[Never-In-Doubt]

Re: SAR - Declined - Signature Required!

Don't want to confuse Natwest even more than they already normally are.

[Riz]

Re: SAR - Declined - Signature Required!

shit - what happened? I highlighted 4 posts and now they aint ere?

Huh? Nothing missing that I can see?

[gursh]

Re: SAR - Declined - Signature Required!

They are just being obstructive because they haven't got a copy of the agreement and they need my signature to reconstitute one!!

I did quote

"However, I note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address and so I have to ask, if you are so concerned that you are corresponding with the correct person why has it taken you so long to raise this?"

But still playing hard ball!

I think I will write to the ICO.

Thank you for all your continued help, I will like to reciprocate with a donation.
Keep up the good work.

[JudgeDreddy]

Re: SAR - Declined - Signature Required!

A friend of mine responded to a demand for a signed letter by scrawlling the word "Unsigned" in illegible writing...

He had a field day when the DCA produced documents signed Unsigned

[Never-In-Doubt]

Re: SAR - Declined - Signature Required!

Hiya

Fire the following off to Natwest - don't worry too much about complaining to the ICO at this stage, it's more a threat to get them to deal with your lawful request!

Regards to the red bits - ie the dates - you need to complete them as follows:

1st date: Enter the date of their last letter to you (requesting ID)
2nd date: Enter the date you POSTED the SAR Request (refer to your recorded delivery receipt)
3rd date: This should be 42 days from the date you posted it (refer to the recorded delivery receipt) so if you sent the SAR on 1st Jan you'd put the date as being the 12th Feb.

Hope it makes clear sense, remember to send it recorded delivery and ensure you also send a copy of the original SAR Request and payment - if it was returned to you - if not, just send a copy of the original SAR Request again (with the original date as well)...

Dear Sirs,

Account No: XXXXXXXX

Thank you for your letter dated XX/XX/XXXX, the contents of which have been noted. In your letter you make reference to requiring my signed authorisation. I'd like to draw your attention to the fact that the Data Protection Act does not require that i supply you a copy of my signature; being the address to which I want the data delivered to is the same registered address that you have happily sent account cards, statements and other personal information to - in fact, for several years. Therefore, I am going to refuse your request as dismissive and obstructive meaning I am now complaining to the ICO about your behaviour, which for the record, does not extinguish your rights as the Data Controller.

My original s.7 request was sent on XX/XX/XXXX and the statutory 40 days for compliance is assumed as being 2 days later than this, in line with s.7 of the Interpretation Act (1978), which as we both know stipulates that it is provided that;

"where an Act authorises or requires any document to be served by post then, unless the contrary intention appears, the service is deemed to he effected by properly addressing prepaying and posting a letter containing the document and unless the contrary is proved to have been effected at the time at which the letter that would be delivered in the ordinary course of post".

According to the Civil Procedural Rules 1998 the date of service is deemed to be two days after posting; which confirms that your 40 days statutory deadline for compliance will expire on XX/XX/XXXX.

Now, not being one to be pedantic, it would appear that you have some sort of issue when it comes to compliance with rules, set out in place by the regulatory bodies as this is not the only time you have blatantly ignored a formal request; last year I applied for my CCA (in line with s.78 CCA1974) and sent the required £1 fee - you ignored me. I am still awaiting this information; however I am confident that the SAR will show this request. I will be compiling several formal complaints about Natwest and your disregard of rules, once I have the SAR in hand as I do require this for the purposes outlined.

A formal complaint has been raised with the ICO as a result of your refusal to comply, even though you know damn well fine I am the same person as the account holder, which also proves that your negligence here is to deliberately defy procedures set in place to protect us against such behaviour. I recently received communication, of a personal and sensitive nature from you, so it puzzles me how you can send such letters, yet you then have the nerve to question my integrity over a SAR considering the DPA clearly stipulates that disclosing data without adequate checks of identity is contrary to the 7th principal of Data Protection, listed in schedule 1 of the Data protection Act 1998:

• 7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

Are you aware that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity? Thought not! Therefore, I look forward to receiving the documentation requested, within the next 14 days.

Yours faithfully


Sign digitally

[Never-In-Doubt]

Re: SAR - Declined - Signature Required!

Best of luck

[gursh]

Re: SAR - Declined - Signature Required!

Received a my SAR request from Amex, lots of info received including the original application form, no agreement, copy of the default, account credits but no info on late payments charges!! which i would like to claim back, do i complain to them or ICO?

[Never-In-Doubt]

Re: SAR - Declined - Signature Required!

Received a my SAR request from Amex, lots of info received including the original application form, no agreement, copy of the default, account credits but no info on late payments charges!! which i would like to claim back, do i complain to them or ICO?

Time to go to the ICO ---> http://www.ico.gov.uk/complaints/data_protection.aspx