SARn served on National Home Loansgreenspun.com : LUSENET : Repossession : One Thread
Have recently served a Sarn on National Home Loans/Paragon. They have sent back a form for me to fill in asking for evidence of identity, full details of info we require and also a declaration to sign as follows:- 'I.............,certify that the information given on this application form to the Paragon Group of Companies is true. I understand that it is necessary for the company to confirm my identity and it may be necessary to obtain more detailed information in order to locate the correct data.'
Do I have to sign? I know that I have to send evidence of identity. There is a paragraph on the bottom of the form which reads - The period of 40 days in which the organisation must resond to the request will not commence until it is satisfied upon these matters.
-- DEB (firstname.lastname@example.org), September 20, 2001
Very interesting. I understand they are entitled to verify your identity, and rightly so. They are not entitled to make any enquiries ie. get more detailed information, along the way. For example, you shouldn't be asked for (or providing) any bank-related ID.
What exactly are they asking for?
-- (email@example.com), September 21, 2001.
Yes indeedy, very interesting. Let's look at that section of the DPA again: "(3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks." Well, where does it say that the data subject has to *sign* anything? It doesn't. It's a question of interpretation - much of law in England and Wales in interpreted on the basis of what is "reasonable" - so,IMHO, if the person making the subject access request is able to send xerox ID of, say, two utility bills, then that is entirely reasonable proof and why the need to get you to sign a separate document?
Clearly you can't have a situation where someone could, say, pretend- SARN a major bank and ask for someone else's details to be sent to them. But neither should a lender make a data subject jump through completely unnecessary hoops. If it were me, I'd send reasonable xerox ID (*not* bank-related)and if the lender doesn't comply, ask the Information Commissioner for an assessment and a formal investigation (you might not get the latter but you'll get the former!).
Don't let the lender mess you about over your subject access rights.
-- E Scott (firstname.lastname@example.org), September 22, 2001.