SAR to Equifax

[bjc1060]

I have sent a Subject Access Request to Lowell as they have put a default on my credit file for a debt that is not mine. I want to find out what evidence they had to add someone elses information onto my file

The question I have is - Has anyone ever sent a SAR to the credit agency to see what checks they did to verify the information they put on my file.

I need to know how to word the request so they can worm out of it.


Thanks

[Curlyben]

Re: SAR to Equifax

A SAR to the CRA's is an interesting exercise indeed.
You'll be amazed at exactly what these private companies hold on you.

I SAR'd all three a few years back and got a couple of trees back in return.

[bjc1060]

Re: SAR to Equifax

Thanks for the reply

any tips on wording tne request

Thanks

[Curlyben]

Re: SAR to Equifax

Just a normal s7 that we use for the Banks will do the trick.
Just make sure your request ALL information that they hold.

Have Lowells issued you with a final response for this debt they are chasing ??
If so take it up with the FOS and ICO..

[bjc1060]

Re: SAR to Equifax

I have drafted it as follows

CONFIDENTIAL

Director of Compliance
Equifax
P.O. Box 1140
Bradford
BD1 5US

To Whom It May Concern:
Subject: Data Protection Act 1998 Subject Access Request

Under the Data Protection Act 1998 individuals have the right to access the data that is being held about them.

The Act defines “personal data” as any data at all that relates to a living individual who can be identified from it. This includes personal images and audio recordings as well as text.

It is also important to note the term “processing”, which is a generic term used in the legislation to describe any action taken in relation to personal data, such as for example obtaining, recording, holding, adapting, retrieving, altering, disclosing or destroying. If you are in any doubt when handling personal data always assume you are “processing” it.

The 1998 Act updated the previous 1984 Act which had come about as a result of concern over the management of personal data held in computerised records. Significantly, the 1998 Act brought 'structured' manual data within the scope of its provisions. The Freedom of Information Act 2000 then amended the Act to cover manual data held in an 'unstructured' form. Consequently, the Act does not now differentiate between any kind of electronically or manually held data.

The Act provides the “subject access right” which enables individuals, subject to certain specific exemptions, to receive an intelligible copy of all personal data held about them by Equifax. The right extends to all data whether held manually or electronically.

If an individual requests to see data relating to them which then turns out to be for example inaccurate, out-of-date, held unnecessarily or offensive, Equifax may be liable for prosecution. Of course I hope this isn't the case.


My request is quite straightforward, I require copies of ALL personal information held by Equifax concerning myself, the Data Subject.

This request extends to any Trading Styles or affiliated companies that you may have been passed my personal data.


This request extends to ALL data held by Equifax, this should include, but not limited to,

• Emails
• Telephone call transcripts
• Documents passed by other companies for the addition of accounts or linked addresses
• Evidence of active vetting of the information to confirm its accuracy and validity

I hope Equifax complies with my request for access to personal information as quickly as possible, and will ensure that information is provided within 40 days unless there is good reason for delay.

To this end I enclose the statutory £10 fee (postal order)
If any other security information is required to verify my identity please advise accordingly in writing.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.




Respectfully yours,

[Curlyben]

Re: SAR to Equifax

I see you've taken my Lowell's letter.
Honestly you don't need anything as forceful.
A simple SAR will do the trick

this one will work well: Legal Beagles

[bjc1060]

Re: SAR to Equifax

Just arrived home to find a letter from Red on the mat

Dear bjc1060

We thank you for your recent letter and apologise for the delay in replying.

Please see enclosed your postal order sent in your previous correspondence.

Upon further investigation, we are now able to confirm that we have contacted you erroneously and that you are not, in fact, our debtor.

As such please accept our apologies for having troubled you, along with our assurances that your personal details have been removed from our databases. Please also be assured that this will not affect your credit rating at your address in anyway.

We hope that this meets with your approval, but if there is anything further we can do for you, please do not hesitate to contact this office

Yours Sincerely

Heather Peacock
Customer Services

_______________________________________

I have many issues with this.

1. There are no reference numbers or accounts on this letter. They have added one to my credit file and have sent me letters about 2 others that are not mine

2. I still do not know what information they have on me.

3. They assure me that they have removed my personal details from their database. What about my credit file and what is to stop them selling it on.

4. How can they assure me that it will not affect my credit rating when I have a default on my files and also many linked addresses.

5. I trust them about as far as i could **** up Apex House

Should I resend the letter asking again for the SAR.

Thanks

[bjc1060]

Re: SAR to Equifax

I have redrafted the orginal letter with some additional text. Is there anything else you think I might add. Change are in RED

Bob Collins
Director of Compliance
Lowell Group
Enterprise House
1 Apex View
Leeds
LS11 9BH

To Whom It May Concern:
Subject: Data Protection Act 1998 Subject Access Request

Thank you for your letter dated 7 August 2009 from Red Debt Collection Services. However, you have not done what was requested. I am quite within my legal right to request the details listed in this letter. This matter is far from closed and I have handed all details to my legal team

If it transpires that you are withholding information regarding any dealings with me so far this will also be a cause for comprehensive legal action and all details passed to the Information Commissionors Office

The Commissioner can now serve you with an 'information notice' requiring you to provide certain information within set time limits. Failure to comply with such notice, or providing deliberately false information, is a criminal offence. If the Commissioner concludes that there has been a breach of the Act, she may then serve you with an 'enforcement notice'. This could force you to cease processing personal data, or cease processing data in a particular way. Failure to comply with an enforcement notice is a criminal offence.

Criminal liability does not lie just with the data controller. It is possible for officers of a company, such as its directors or managers, to be personally criminally liable if the offence has been committed with their consent, connivance or neglect. Employees may also incur criminal liability in certain limited circumstances if they disclose or obtain personal data without authority of the data subject controller

Your letter has no references or accounts so any further correspondence requires your references to be clearly stated.

If you are not sure what this request refers to please see the following paragraph.

Under the Data Protection Act 1998 individuals have the right to access the data that is being held about them, or has been used to identify them correctly or otherwise as an individual.

The Act defines “personal data” as any data at all that relates to a living individual who can be identified from it. This includes personal images and audio recordings as well as text.

It is also important to note the term “processing”, which is a generic term used in the legislation to describe any action taken in relation to personal data, such as for example obtaining, recording, holding, adapting, retrieving, altering, disclosing or destroying. If you are in any doubt when handling personal data always assume you are “processing” it.

The 1998 Act updated the previous 1984 Act which had come about as a result of concern over the management of personal data held in computerised records. Significantly, the 1998 Act brought 'structured' manual data within the scope of its provisions. The Freedom of Information Act 2000 then amended the Act to cover manual data held in an 'unstructured' form. Consequently, the Act does not now differentiate between any kind of electronically or manually held data.

The Act provides the “subject access right” which enables individuals, subject to certain specific exemptions, to receive an intelligible copy of all personal data held about them by Lowell Group. The right extends to all data whether held manually or electronically.

If an individual requests to see data relating to them which then turns out to be for example inaccurate, out-of-date, held unnecessarily or offensive, Lowell Group may be liable for prosecution. Of course I hope this isn't the case.

My request is quite straightforward, I require copies of ALL personal information held by Lowell group concerning myself, the Data Subject.

This request extends to any Trading Styles or affiliated companies that you may have been passed my personal data.
For the avoidance of doubt this includes:
· Lowell Group
· Lowell Portfolio I
· Lowell Financial
· Red Debt Collection Services
· Hampton Legal
This request extends to ALL data held by Lowell group, this should include, but not limited to,
· copies of original agreements
· statements of account and transactions
· information concerning any manual intervention
· Telephone transcripts and details of all calls made and received
· any other supporting notes and documentation
· Also which members of Lowell group have had access to my data

I hope Lowell Group complies with my request for access to personal information as quickly as possible, and will ensure that information is provided within 40 days unless there is good reason for delay.

To this end I enclose the statutory £10 fee (postal order) again along with details of previous addresses at which you have contacted me.

If any other security information is required to verify my identity please advise accordingly in writing.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.


Respectfully yours,

[Amy]

Re: SAR to Equifax

I think this is way too much information for one letter and muddies the waters as to what you ultimately hope to achieve, which is presumably the repair of your credit file.

Lowell's should not be "removing" your information from their database they should be "suppressing" it. How will they know not to contact you again if they have deleted you completely?

Your letter should be more forceful with regard to the removal of the default they have incorrectly applied and you should insist that they confirm to you in writing when they have done it.

[bjc1060]

Re: SAR to Equifax

Hi Amy,

The main reason for the SAR is not to get the default off (yet) it is to gather eveidence that they acted negligently and willfully in processing data. I want to make sure I have all the details from both Lowell and Equifax.

If they just take it off then there is nothing to stop them selling the data / debt on to another scumbag.

My ultimate aim would be for the Information Commissionor to hand Lowell an Enforcement Notice and make it impossible for them to trade as they will not be able to be a data contolller or processor

Thanks