40 Days up and nothing....(merged)

Rex_Mundi

By law they have 40 days to send this information. If you are still within this time, you can't do anything.

beardyskintPaul

Hi Rex,

Is that 40 days to send the statements ? Or 40 days to " reply " ? As they've already done that with this first letter !

EDIT - GRR, and i've also just noticed that I didn't date the s*dding letter, I did however send it recorded delivery, and have the date it was delivered.....I assume I've messed up a bit there.....

Edinburghlass_2

They have 40 days to send the info/statements, they don't actually need to reply as such.

victor16_2

Firstly, well done to everyone who's successfully got their charges back.

Now I just need to know what your secret is!!

Wrote to NatWest last summer with a DPA request. Got various odds and sods of statements in different envelopes - not in date order and packaging torn open.

My own fault that I didn't make time to go through them - 3 jobs and an 80+ hour week will do that to you! - but i took advice from another forum website and sent a letter giving them a further 10 days to provide the necessary info and informing them of my report to the ICO.

That was 9 days ago and I've had nothing. Not that I'm preparing for the worst or anything but - what do I do if they still won't play?!?!?!?

LOVE FOREVER TO ANYONE WHO CAN HELP ME !

harrogategirl

Can't you report them to financial ombudman?
I'm sure you can if they don't adhere to banking guidelines. But I think they may officially have 14days to reply to you.

Edinburghlass_2

Phone them and ask what has happened to the rest of the statements and if you don't receive a reply to your letter complain to the ICO using the links above.

nickmack

victor16 wrote:

Wrote to NatWest last summer with a DPA request. Got various odds and sods of statements in different envelopes - not in date order and packaging torn open.

My own fault that I didn't make time to go through them - 3 jobs and an 80+ hour week will do that to you! - but i took advice from another forum website and sent a letter giving them a further 10 days to provide the necessary info and informing them of my report to the ICO.

That was 9 days ago and I've had nothing. Not that I'm preparing for the worst or anything but - what do I do if they still won't play?!?!?!?

They have 40 days to fully furnish your request. If you have not received all of the data, you need to report them to the Information Commissioner. This should get things moving. If they still don't comply, you can ask a court to force them to do so.

Elky

Hi all

Decided after all to start proceedings against Barclaycard. I sent them an S.A.R - (Subject Access Request) on 16th January. The other day, I received the following letter from them, dated 25th January….

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Dear Mr Elky

Subject request access number: 1196

Further to your request for copy statements, we are writing to inform you that the legal time limit for supplying this information is about to expire. If your initial complaint was through the information commissioner the time scale is 28 days. If this is your first request the legal time limit is 40 days

The reason for the delay in our providing this information is the very large number of identical requests that we have received, all of which we are obliged to respond to within the same timescale. The recovery of some of the information you have requested from archive is a lengthy and laborious process and we are reviewing our staffing position to put us into a better position to deal with the demand.

We have made the Information Commissioner's Office aware of the volume challenges we face and that we are writing to you in these terms. We are sorry for the delay but we assure you that we will let you have your statements as soon as we can.

We regret we are not able to enter into any correspondence with you about this issue.

Yours sincerely,

Adrian Whalley
Head of Privacy and Data Protection
Legal Counsel
Data Protection Team
Legal and Regulatory Compliance
Dept LRC

---

Obviously it has only been about 2 weeks since they would have received my letter so it seems strange that I have been sent this already. Should I just stick to the 40 day deadline and then continue as normal or should I respond to this letter?

Cheers for your help

Elky

nickmack

Elky wrote:

Obviously it has only been about 2 weeks since they would have received my letter so it seems strange that I have been sent this already. Should I just stick to the 40 day deadline and then continue as normal or should I respond to this letter?

It sounds like they're snowed under.

They've mentioned they contacted the Information Commissioner, but did not say they have been afforded any extra time. Give them up to 40 days then lodge a complaint.

Maybe they should employ some extra staff to cope with the demand, I'm sure it won't cut too much into their multi billion pound profits if they only pay the minimum wage.

Edinburghlass_2

Elky, Barclaycard has already been in trouble over this so they are probably covering their back now with this letter...

http://forums.moneysavingexpert.com/showthread.html?t=318616

You need to give them the 40 days and if they haven't replied by then you can quote some of the above at them.