Barclaycard have not responded to SAR within 30 days ... what are my rights now?

topoftherock

It’s information relevant to my PPI complaint, therefore, it’s very important. What should I do next? Ombudsman? Contact them and inform them it’s past 30 days? Wait another week? Many thanks

[Deleted User]

I would chase them up.

Have they acknowledged the request? Did you make it direct, or via a third party such as Resolver?

topoftherock

Deleted_User wrote: »

I would chase them up.

Have they acknowledged the request? Did you make it direct, or via a third party such as Resolver?

Thanks for the reply. I sent my letter via special delivery and have proof of signature. Well, I did receive an acknowledgement letter (on the 30th day actually) which says they have received my request and are working on it. They said with more complicated cases, it could take up to 90 days (but didn’t state that my case was like this) and they may phone me if they need to ask any questions. But are they allowed to do this? I mean, as far as I’m concerned, they MUST send you some SAR information within the 30 days; even if it’s one page. I don’t think my acknowledgement letter can be classed as SAR information surely!? Haha

[Deleted User]

Yes, legislation says that they should respond within 30 days, even if to let you know they need more time.

But the practicality of the situation is that going to FOS or even ICO isn't going to get the data any faster. Just stay on it and push for an update.

topoftherock

Deleted_User wrote: »

Yes, legislation says that they should respond within 30 days, even if to let you know they need more time.

But the practicality of the situation is that going to FOS or even ICO isn't going to get the data any faster. Just stay on it and push for an update.

Yes, I will definitely keep phoning and asking. So they can technically take up to 90 days then? Because they have responded (albeit an acknowledgement letter) in the 30 days?

[Deleted User]

No. They have up to two months, but need to let you know within a month if they need more than the 30 days.

topoftherock

Deleted_User wrote: »

No. They have up to two months, but need to let you know within a month if they need more than the 30 days.

So just to confirm, they have 2 months from the date they receive the letter right? So, should I write back and tell them this? Because they have said it could take up to 90 days.

topoftherock

I’ve just read the following on the ICO website “You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary“. This suggests that they can take up to 90 days right?

[Deleted User]

The Banks are currently inundated with spurious "complaints" (as well as many genuine ones, of course) due to the deadline. If you complain to the ICO or the Ombudsman the only likely result is that you will delay the SAR results still further.

In other threads you have posted the SAR result is no longer that important because you have already made a "complaint" based simply on the hope that you had PPI...

topoftherock

Moneyineptitude wrote: »

The Banks are currently inundated with spurious "complaints" (as well as many genuine ones, of course) due to the deadline. If you complain to the ICO or the Ombudsman the only likely result is that you will delay the SAR results still further.

In other threads you have posted the SAR result is no longer that important because you have already made a "complaint" based simply on the hope that you had PPI...

I already get what you've said. Everyone knows these points. My question is, are they allowed up to 90 days?

[Deleted User]

Yes, they are - I should have said that they can EXTEND by a further two months. So a total of 90 days.

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/