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Name
Address 1
Address 2
Address 3
Post Code
MORTGAGE COMPANY
F.A.O: DATA CONTROLLER
ADDRESS 1
ADDRESS 2
ADDRESS3
POST CODE DATE.....................
RECORDED DELIVERY
IMPORTANT – PLEASE READ CAREFULLY
Dear Sirs
Subject Access Request (DataProtection Act 1998)
MortgageAccount No : xxxxxxxxxx –
Address of Mortgagexxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Wenote from an initial review of the account that you have applied unlawfulpenalty charges and as such we are placing the account formally in dispute.
We would ask that you supply us with FULL disclosure of ALL information forthis account. We would remind you that the County Court judges are threateningto imprison any Data Controller who does not comply with these requests.
The information requested, whilst not exhaustive is as follows:
• Full copies of all contracts which you believe exist between ourselves andyour
organisation, includingcopies of any documents you hold in support of same.
• Full statements of all accounts from commencement of the accounts. This is toinclude all information held especially the summary of case notes and MortgageStatements
• True signed and executed copies of all agreements in compliance with theConsumer
Credit Act 1974.
• Details of the identity of any individuals or organisations who have providedyou with our personal informationtogether with copies of any letters of instruction provided by them, or anycontracts entered into between yourselves and the third party, and the relevantdates to which those contracts related.
• Copies of all documents which include any of our personal informationincluding copies of any contracts or invoices, emails or computer recordscontaining our personal information, or any records which pertain to thisinformation.
• Full details and copies of any documents upon which you relied when you haveprovided my personal or financial information to any individual, organisationor third party.
• Full copies or transcripts of any computer logs or database records kept inrelation to ourselves or in relation to our financial or personal information.
• Full copies of any correspondence in postal, email or any other format whichyou have entered into with any individual, organisation or third party whichcontains our personal or financial information, or which pertains to us.
• Details of all systems you currently have in place to ensure our personal orfinancial information is kept securely, including details of those officers whocurrently have control of same, and at the time it was held or provided to athird party.
• Where any previous information or records held have been deleted or disposedof, the methods used to do so, including dates, certificates or referencesconfirming details of destruction. Where you are unable to provide suchcertificates, please provide a declaration, signed by an authorised officer ofyour company, confirming the dates and methods of destruction of this data.
• Full hard copy print outs of any of our personal or financial informationheld in a digital, magnetic or any other format which is held in any archives,backups or other storage devices / locations.
• Your registration number with the Information Commissioners Office.
• Your Consumer Credit License number and expiry date.
Where reference to emails is given above, these emails should be taken fromyour email servers or backups / archives held in a magnetic or digital format.These emails may not be present on a user’s local system, and may require theassistance of your IT department / IT providers, who you should contactimmediately for their provision.
Please confirm whether you hold a physical file with details of our personaland / or financial information. If so, please provide details and dates of anyinstance when this file has left your control, to whom it has beencommunicated, the method of transportation / communication e.g. Royal Mail,courier, by hand, electronically. Please provide a full copy of this file whereour physical file has left your offices, please provide details of any precautionstaken to ensure that our information has not been lost, misplaced or madeavailable to anybody who does not have authorised access, including those whowould use our information for the purposes of identity theft, or registeredwith any credit agencies. Please also confirm whether any of the documents heldwithin the physical file are computer generated.
Under S.40 of The Administration of Justice Act 1970, if you believe you haveprovided our information to any organisation, agent, or individual who could,or may have used it for unlawful purposes, you should contact us immediately,and provide full details of their identification and address, together withfull details of any instructions you have provided to them. If you haveforwarded or communicated our personal or financial information to any person,company, or organisation, please provide a copy of the authority, signed anddated by ourselves upon which you have relied prior to doing so. As requestedabove, you should provide copies on any such communications.
Under the Data Protection Act 1984 / 1998, as a Data Controller, you areresponsible for the complete retraction of all information provided to anythird party, should we request you to do so, and have a duty to us to ensurethat any personal or financial information we have provided to you is keptsecurely, and is only communicated to those to whom we have given my expresspermission / authority.
If you are unable or do not intend supplying us with any information we require you to advise usat your earliest convenience in order that we might give consideration to ourresponses.
In complying with both the Data Protection Act you are permitted to charge a maximum fee of£10 and that payment is enclosed by cheque no ……………..
Finally you are reminded that the Subject Access Request must be providedwithin 40 days of the date this recorded letter was sent.
You are also reminded that the ICO state that whilst the maximum limit forcompliance is 40 days Data Controllers should not use this as a guide forcompliance and should whenever possible provide the information as soon aspossible. If you do await the 40 day limit it may be found that you have notcomplied in supplying the information we require. In which case there would beinsufficient time left for you to comply causing you to be guilty of an offence
Non-compliance with our request is a criminal offence under the above Acts andwill result in a report being submitted to the relevant statutory authorities.
As you are aware, a credit agreement that is not properly documented and signedby the customer is totally unenforceable under the CCA and therefore is acomplete defence to any court claim that is issued.
Finally, please understand that this alleged debt is now in dispute and allcommunication must be in writing. Since we have made formal requestsunder this legislation you are obliged to provide us with that information andyour employees should not pursue the alleged debt. we would remind youof the law related to harassment and the OFT guidelines.
Section 40 of the Administration of Justice Act:
(1) A person commits an offence if, with the object of coercing anotherperson to pay money claimed from the other as a debt due under a contract he-
(a) harasses the other with demands for payment which, in respect oftheir frequency, or the manner or occasion of making any suchdemand,
(2) A person may be guilty of an offence by virtue of sub-section (1) (a)above if he concerts with others in the taking of such actions as is describedin that paragraph, notwithstanding that his own course of conduct does not byitself amount to harassment.”
Furthermore your attention is drawn to:
Both the Office of Fair Trading and trade associations (run by the creditindustry) have produced guidance on what activities may be consideredharassment and should therefore be avoided by creditors. The following list istaken from the new Debt Collection Guidance for holders of consumer creditlicences.
Creditors are warned by the Office of Fair Trading under the Debt CollectionGuidance that the following practices are "considered unfair":
“PUTTING PRESSURE ON DEBTORS OR THIRD PARTIES IS CONSIDERED TOBE OPPRESSIVE.”
This includes:
• Contacting you too frequently
You are instructed with immediate effect to destroy all records of any phonenumbers you may have where I can be contacted and to instruct all employees tonot attempt to telephone me whilst this alleged debt is in dispute. Failure tocomply will result in formal complaints to OFT, FOS and ICO requesting removalof your license to conduct any Consumer Credit trade and a complaint to thepolice seeking prosecution for harassment.
I await hearing from you.
Yours faithfully
Your name(s)
