Card payment taken 8 months later with no communication

DoaM

If you specify in the SAR that they must provided copies of such communications then they must comply.

JReacher1

DoaM said:

If you specify in the SAR that they must provided copies of such communications then they must comply.

 Not if they don’t keep a copy of these communications. 

Most retailers won’t keep a copy of every email they send to a customer. They’ll keep a record of what email template  they have sent, and when it was sent but won’t be able to produce the exact copy of the communication. 

Same for any letters. They will know they’ve sent a letter but they don’t keep a hard or soft copy of the letters content. 

DoaM

Are you sure? Don't they have a legal duty to retain communications/records for a minimum period?

[Deleted User]

DoaM said:

Are you sure? Don't they have a legal duty to retain communications/records for a minimum period?

Records are indeed retained for a period and  are then discarded in line with data protection, but firms use templates for such communication which they personalise with the customer's personal details. The records kept of these will therefore only be as @JReacher1 described earlier and a Subject Access Request will therefore only provide the date and type of  communication sent rather than an individual  facsimile of each one. 

davidmcn

DoaM said:

Are you sure? Don't they have a legal duty to retain communications/records for a minimum period?

Not really. In the same way that there isn't (generally) a requirement for them to record their phone calls - but if they do, they need to provide you with copies. There is of course nothing stopping you from keeping your own records at the time.

[Deleted User]

davidmcn said:There is of course nothing stopping you from keeping your own records at the time.

Recording of telephone calls by the customer requires the caller to be informed they are being recorded... 

davidmcn

Moneyineptitude said:

davidmcn said:There is of course nothing stopping you from keeping your own records at the time.

Recording of telephone calls by the customer requires the caller to be informed they are being recorded... 

No it doesn't. Nothing stopping you from recording all your personal calls for your own use if you like, without advising the other party.

mattyprice4004

Payment has been taken, everyone is squared up, it's fine. 
Don't cause more unnecessary stress for a company that likely has lots of staff off sick and is struggling - would you like it if someone was causing a nightmare for no reason at your job? 

It's done, move on. Take your kids to the park or something in the half an hour or so you'd spend arguing a week, just for no additional gain.   

[Deleted User]

davidmcn said:No it doesn't. Nothing stopping you from recording all your personal calls for your own use if you like, without advising the other party.

"For you own use" being the operative words.

Such recordings would not be admissible  in court, for example. 

CardinalWolsey

Moneyineptitude said:

davidmcn said:No it doesn't. Nothing stopping you from recording all your personal calls for your own use if you like, without advising the other party.

"For you own use" being the operative words.

Such recordings would not be admissible  in court, for example. 

Not strictly true. You can transcribe the call and submit that to court, advising that it is a transcription of a recording of the call that you hold, that you can make available to the court should they require it. The other party can choose to request a copy of the recording as well, as your declaration will be disclosed, and the judge can allow the recording to be submitted as evidence.