CCA and Subject Access Responses

[hitheresir]

Hello,

Does somebody who is well versed in these areas, have a check list or summary of what constitutes an acceptable response from a dca in response to both CCA and SAR.

I have received responses from a company when issuing both of the above in tandem but seperately and would like to know if what has been sent back to me is acceptable, or not.

Thanks in advance,

hitheresir

[jaguarsuk]

All depends what they have sent back to you?

[hitheresir]

Ok.

I have received back an email (no hard copies of anything) with a zipped file of the following:

- Electronic copy of letter saying that all of their copies of phone records have been deleted due to a energy supplier malfunction destroying their servers!!
- A spread sheet with a log of times when they have called me and supposed emails sent
- A generic copy of Credit agreement - not signed / initialled or dated etc
- A generic supplementary copy explaining the type of account - not dated
- A generic breakdown of charges for the supposed original account - not dated
- Two statements of accounts breaking down their charges and additional fees added to balance

Original company now doesn't exist since closing down.

Thanks.

[jaguarsuk]

It seems like they have complied with what they have, but to take this to court they're going to need to prove assignment to them and satisfy the judge that those reconstituted agreements are true versions.

If they had a copy of the assignment notice I'd have thought they would have sent it.

[hitheresir]

Ok, so next steps to stop the company reporting this information incorrectly and having an adverse effect on my credit would be?

[hitheresir]

Anyone?

[R0b]

If you are unsure of what might be covered for disclosure under a subject access, why not take a look at my list of templates on the link below. If you click on the link for Subject Access Request (GDPR Long Form) I've set out a list of potential information that could be disclosed. For example, there may be notes or comments on your account that have not been disclosed and if this is clearly about you or refers to you, then it is personal data.

If you want to stop them using your data to report to credit agencies, then you need to write to them either a request for erasure, or to restrict the processing of the data. There is a template letter for restricting the processing of data on that list and I do have an example of erasure but I am making some final tweaks before I upload it.

Do bear in mind these type of requests are limited and I suspect they will refuse your request on the basis that they have a legitimate interest. However, you may be able to counter that argument if there no assignment of your account took place and/or there was no letter giving notice of the assignment then they could be deemed as processing your information unlawfully.

http://legalbeagles.info/forums/foru...t-of-templates

[hitheresir]

Thank you, although I cannot get the link to work, do you need a certain permission level?

[R0b]

Shouldn't do, I've just tried the link and it works fine for me.

Anyway, I've attached them for ease.