I have SARN'd Abbey and Eversheds regarding a 1994 repo shortfall claim. Evershed's response to the SARN is: "...........Please note as we only process personal data relating to you on behalf of Abbey National, we do not act as data controller and therefore are not subject to the provisions of the act (DPA) relating to the release of personal data in relation to a subject access request"

Is this accurate?

B

-- (bulers@hotmail.com), September 18, 2002

Answers

I would say no, it is not corrrect.

The first part of the statement is that "They only process personal data relating to you on behalf of Abbey National".

Therefore; They process your personal data. This requires them to register as a data controller under the DPA, this requires them to respond with details/copies of your personal data.

I think they have made a mistake here, they have admitted that they process your personal data, and have then tried to state that they are not responsabile for it. This is not right.

I'd suggest that you discuss this with the IC on 01625-545700.

Good Luck.

-- Harry (pearson_harry@hotmail.com), September 18, 2002.

Yes, many of the people you have come to me for advice have stated Eversheds are reluctant to pass over Data Protection information. They have a duty to pass the SARN to the relevant party anyhow.

I would go to the DP Commissioner and report both companies. The Commissioner will assess your grounds for an assessment to be made, and if required, force the companies to provide you with information. It cannot harm your case whatever!

-- Geoff Winters (Geoff-winters@supadooper.com), September 18, 2002.