SAR made to a company and replied to by another company! can they do this

[cul8rm8e]

I was wondering if it is possible for a company to receive a SAR and have another company reply to this?

A SAR was made to company B who was a trading name of a Ltd company A

The SAR was replied to by company C who was also a trading name of the Ltd company A

I have many documents including a full written loan contract provided by company B after an application was made to them via a broker.

Company C replied stating that they hold absolutely no information on my personal file which is correct as i did not make a SAR to them.

Company B has never replied to any SAR made to them.

The ICO wrote to me stating that company B has adhered to the regulations and there is nothing they can do!

I have made a complaint to the ICO and explained that i accept the fact that company C does not hold any information as i have never in my life dealt with this company, I have also asked why they say that company B have adhered to the regulations even though they have not replied to any of the two SAR i sent to them.

Is it the case that if you send a SAR to a trading name of a company that any other trading name or the parent name can reply to the SAR or is it the case that the company the SAR was sent to should reply to you. As i said, company C has replied on behalf of company B to two SAR i sent to them.

thanks

[Kati]

Re: SAR made to a company and replied to by another company! can they do this

I cannot say for certain, but the way I see it is if you sent the SAR to company B then you should get a reply from company B. If this has not happened you would be well within your rights to make a complaint to company B due to non-compliance.

I'd suggest you write a follow up to your SAR (along the lines of)

"Dear Sir or Madam
Non response to a subject access request
I am writing further to my letter of [date] in which I made a subject access request, because I have not received any response from your organisation. (company B's name) requesting ************************************* (repeat what you asked for)
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 a response as soon as possible."

and give them a further 14 (or 28) days to comply.

Kati

[cul8rm8e]

Re: SAR made to a company and replied to by another company! can they do this

kati

The first SAR was sent to them over a year ago when they were a trading name of a completely different Ltd company, they sent the reply from company C and never took it any further.

the second SAR was sent this year and again it was replied to by company C who are now a trading name of the new Ltd company. I have wrote back to them explaining that i am not receiving a reply from the company i sent the SAR to, again they replied to that in the company C name. I have wrote further to them with a pre action letter and again they replied back in the company C name saying that they will deal with the action when they receive it.

There is a court action with the parent company they were trading name of last year and thats kind of why i let it go and didnt think too much about it. the thing is they are a trading name of the new Ltd company this year and still acting in the same way with their replies, they even seem to think they are part of the court action with the previous Ltd company they were trading under last year.

All the trading names and the Ltd companies are owned by the same people and they seem to think they can do what they like. The ICO up until lately say they are complying i will await the outcome of the complaint about it to the ICO and if they dont sort it out I am going to stop and start the legal proceedings as it has become a joke now.

I was just wondering if they can do this, common sense tells me this should not be allowed to happen especially they are trading name of a Ltd company who hold my personal details and refuse to provide what they hold. FGS they received a loan application from a broker, processed it and provided me with a contract, not to mention the broker company is also owned by the same people and all businesses are run from the same office address.

Work it out

PS the ICO address is round the corner from this company/s

[Kati]

Re: SAR made to a company and replied to by another company! can they do this

Work it out

I think you lost me before the end of your second paragraph LOL :lol:

I do agree with you tho' - any information you ask for should be provided from the company you sent the SAR to (not a different one - even if it's just a different trading name)

Hope you get it sorted xx

[wales01man]

Re: SAR made to a company and replied to by another company! can they do this

The Ltd companies are all separate entities whether or not they are owned by the same people.
Is the company you sent SAR to still trading

[cul8rm8e]

Re: SAR made to a company and replied to by another company! can they do this

The Ltd companies are all separate entities whether or not they are owned by the same people.
Is the company you sent SAR to still trading

Yes, they are still trading but under the new Ltd company that they say they are now part of. it is a joke, I know what they are playing at as there is a big court case against the other Ltd company they were trading under last year. the other thing is while being a trading name of the ltd company, there was also a separate Partnership company with the exact same name running with their CC Licence. I know this because their solicitor made this clear in a written letter. Effectively you had Company B&C trading under Ltd company A, holding a Broker Licence, ( 3 Directors ) you also had the same name Company C trading as a Partnership company with their own licence as a Lender ( 3 Partners )

3 Partners and 3 Directors = Same People

Confusing?

[wales01man]

Re: SAR made to a company and replied to by another company! can they do this

What advice has your Solicitor given?

[cul8rm8e]

Re: SAR made to a company and replied to by another company! can they do this

What advice has your Solicitor given?

The solicitor is dealing with the big issue just now, much more important, but I have just to continue with the ICO for the time being and see what comes out of it.

I have put it very straight to the ICO, i asked if my complaint to the ICO will be dealt with by them and should i expect a reply from them or the FCA i have told them also that If the ICO allow this to happen then i will get further legal advice and produce all correspondences from them to my solicitor.

One of the reasons for being in this position is due to the tactics of these people and what they know they can get away with, so far they have dictated to the FSA, FOS, FCA, ICO but they certainly wont dictate to a Judge!

[stevemLS]

Re: SAR made to a company and replied to by another company! can they do this

As I understand it it depends on their DPA Registration AND the precise legal personalities involved.

If, for example, a single limited company has a number of trading names or styles, I can't see any reason why one can't respond on behalf of another - trading style, they are the same legal "person".

It becomes more complicated if they have separate legal personality, which two limited companies would have, but even then, my understanding of the DPA registration process means that a data controller can act on behalf of subsidiary companies.