Data Subject Access Request

YouCanCallMeAI

Hello! I wrote to my Car Finance provider on 11 Jan using the helpful MSE template, which requests a reply within 28 days and states that if there is failure to comply with my request then to treat this request as a data subject access request under the Data Protection Act 1998/GDPR. When is the time limit for the Car Finance provider to respond in accordance with the data subject access request? Is it from 11 Jan or from the point they failed to reply within 28 days? Thank you!

DullGreyGuy

YouCanCallMeAI said:

Hello! I wrote to my Car Finance provider on 11 Jan using the helpful MSE template, which requests a reply within 28 days and states that if there is failure to comply with my request then to treat this request as a data subject access request under the Data Protection Act 1998/GDPR. When is the time limit for the Car Finance provider to respond in accordance with the data subject access request? Is it from 11 Jan or from the point they failed to reply within 28 days? Thank you!

As others have found out from their replies... a DSAR is not going to reveal if DCA was in effect or not as its not personal data to you but commercial data between the lender and the vendor

So you sent a letter that to you was unclear? Why? Surely you should have changed the letter so it was clear? From how you've described it then it would probably be decided that it only becomes a DSAR after the failure but if the ICO would consider this acceptable or not is another matter and given the FCA has frozen all complaints/requests around DCA it may well be null and void anyway. 

These types of threads just reinforce my dislike of these template letters

Nasqueron

MSE's useless template at it again.

You did not need to do a GDPR request and the complaints team will likely be lumping it in with the pile of DCA complaints in storage until end of September

YouCanCallMeAI

Thanks DullGreyGuy. My understanding is that while the FCA can and has changed the timescales relating to DCA, they do not have the power or authority to change the timescales relating to a DSAR. Therefore, the timeline relating to DSAR, whichever it is, still applies regardless of the FCA's position. Regardless of whether the DSAR would reveal anything relating to DCA, I understand that the Finance Provider is still obligated to respond to the DSAR.

Nasqueron

YouCanCallMeAI said:

Hello! I wrote to my Car Finance provider on 11 Jan using the helpful MSE template, which requests a reply within 28 days and states that if there is failure to comply with my request then to treat this request as a data subject access request under the Data Protection Act 1998/GDPR. When is the time limit for the Car Finance provider to respond in accordance with the data subject access request? Is it from 11 Jan or from the point they failed to reply within 28 days? Thank you!

[Quoted post removed by Forum Team]

The MSE template, for who knows what reason, includes a DSAR element, the wording was posted on another post on here where the lender said they assumed it was a mistake and put it in the with DCA pile

Nasqueron

YouCanCallMeAI said:

Thanks DullGreyGuy. My understanding is that while the FCA can and has changed the timescales relating to DCA, they do not have the power or authority to change the timescales relating to a DSAR. Therefore, the timeline relating to DSAR, whichever it is, still applies regardless of the FCA's position. Regardless of whether the DSAR would reveal anything relating to DCA, I understand that the Finance Provider is still obligated to respond to the DSAR.

You are more than welcome to go back to them and reiterate you want a DSAR, though you don't need it for any complaint. The agreement won't show the commission agreement and you won't get anything that would change any outcome of a complaint

MSE_JC

Hello all,

The DSAR portion of the car finance reclaim email template was included following legal advice provided to MSE. However, we are continuing to pass on all feedback about the tool to the relevant team. You can also provide feedback directly via carfinance-feedback@moneysavingexpert.com.

Finally, a reminder that while people are absolutely entitled to take issue with the tool and MSE's approach to car finance reclaiming, unfriendly conduct towards Forumites who've opted to use the tool is not welcome and the Forum's rules about politeness and respect still apply.

https://www.moneysavingexpert.com/site/forum-faqs/

Thanks,

MSE JC

DullGreyGuy

YouCanCallMeAI said:

Thanks DullGreyGuy. My understanding is that while the FCA can and has changed the timescales relating to DCA, they do not have the power or authority to change the timescales relating to a DSAR. Therefore, the timeline relating to DSAR, whichever it is, still applies regardless of the FCA's position. Regardless of whether the DSAR would reveal anything relating to DCA, I understand that the Finance Provider is still obligated to respond to the DSAR.

My post wasn't well worded, absolutely if its considered an appropriate DSAR request the normal timescales stand but my attempted points were a DSAR won't tell you anything and there is little point rushing it as even if it did tell you something nothing is going to happen on your complaint until September/ October at the earliest. 

Nasqueron

Exactly this - if they see a complaint about DCA that mentions DSAR and it's one of hundreds or even thousands from the template, all of which say the same sort of thing, it's more than possible that they will ignore the DSAR element @YouCanCallMeAI

Hence as above, you can go back to the firm are reiterate you want this treated as a DSAR as well and then they will have to abide by the rules and send you what they have or can reasonably find. I believe it was dunstonh who said that the definition was basically what a reasonably qualified minimum wage staff member could realistically find based on the information provided - that is to say, they aren't necessarily going to do a deep dive into Iron Mountain if your records were filed on microfiche and need them to use an obscure filing system with deep technical knowledge to get them

dunstonh

DullGreyGuy said:

YouCanCallMeAI said:

Thanks DullGreyGuy. My understanding is that while the FCA can and has changed the timescales relating to DCA, they do not have the power or authority to change the timescales relating to a DSAR. Therefore, the timeline relating to DSAR, whichever it is, still applies regardless of the FCA's position. Regardless of whether the DSAR would reveal anything relating to DCA, I understand that the Finance Provider is still obligated to respond to the DSAR.

My post wasn't well worded, absolutely if its considered an appropriate DSAR request the normal timescales stand but my attempted points were a DSAR won't tell you anything and there is little point rushing it as even if it did tell you something nothing is going to happen on your complaint until September/ October at the earliest. 

My post was removed because it was deemed rude, which I find bizarre. I have re-read it and cannot see anything in there that justified its removal (and it's quoted higher up for anyone to see).    

And in respect of the DSAR, lets look at what it says in post #1

states that if there is failure to comply with my request then to treat this request as a data subject access request under the Data Protection Act 1998/GDPR

It asks it to become a DSAR if they fail to comply. Well, there is no failure to comply, as they have logged the complaint and the regulator has suspended the complaints process, but the complaint is still active.     

Most likely, the complaint was looked at, but the DSAR bit ignored it because they were complying, and it was filed to to be looked at by a complaints handler but then the FCA suspending complaints meant that anything logged had been put on hold and no-one has actually looked at the complaint again since it was first logged.

This is shortcoming of putting two different things in the same communication with a bit of bad luck with the FCA suspending the complaint process.   You cannot reasonably expect a firm to go back and read every single communication to them again just in case someone has put other things in there.

DullGreyGuy

We're all in agreement that its oddly worded and unclear hence the comment that if the DSAR element is triggered then it'd be normal DSAR timescales but its not clear it will be triggered and when