Ask Question and Get Free Answers - JUST Ask And Answer > QA > Business & Finance > Credit
If you send a cheque to a Credit Card Company for SAR and they use it for something else is it theft?

Answers:1   |   LastAnswerAt:2009.12  

Question
visitor
ANTHONY B 
Asked at 2009.12.18 19:54:03
If you send a cheque for £10 with a letter (of course) to a credit card company in order to obtain a subject access request under the Data Protection Act, and they use that £10 to offset your account but do not comply with the SAR request, is that Theft?

It would appear on the surface that all the elements of theft are there, but they are likely to hide behind :-
Belief in a claim of right – this is when the defendant genuinely believed (even if that belief was unreasonable) they had a legal (not moral) right to the property.

However, it surely revolves round the 'reasonable person' and what the 'reasonable person' believes.
answer Princess Bee  Answered at 2009.12.18 19:54:03
if you have stated that it is to be used as an SAR then they have no right to offset your balance. If you call them and bring it up they will probably claim it was a mistake and rectify it, If you leave it too long they will say its too late to transfer the money over.

In your place, i might even consider putting it in writing and sending it to the Trading standards/ombudsman
1
  • Answer This Question:If you send a cheque to a Credit Card Company for SAR and they use it for something else is it theft? 

  • insert image

    image url:

    such as: http://www.justaaa.com/**/**.jpg

    insert video

    vedio url: