40 days and no info/statements

IanK_3 · 31 May 2007 at 9:52AM

Hi all

I've sent a number of data protection requests, by recorded delivery, to my bank (Barclays) and various credit card companies. The 40 working days for them to respond, based on the date they actually received my letters, is up on 5th or 6th June. So far, one company (Citicards) has cashed my cheque and one (Marbles) has replied - incidentally, I claimed £211 from Marbles, expected £91 becasue of the OFT ruling and settled for £100

. Others have sent letters saying that they have had a high volume and may be delayed, especially in getting microfiche records.

Are they allowed to give themselves extra time like this? If they don't reply at all in time, what is my next step?

Thanks all

IanK

Stephen_Leak · 31 May 2007 at 10:17AM

IanK wrote: »

Hi all

I've sent a number of data protection requests, by recorded delivery, to my bank (Barclays) and various credit card companies. The 40 working days for them to respond, based on the date they actually received my letters, is up on 5th or 6th June. So far, one company (Citicards) has cashed my cheque and one (Marbles) has replied - incidentally, I claimed £211 from Marbles, expected £91 becasue of the OFT ruling and settled for £100 . Others have sent letters saying that they have had a high volume and may be delayed, especially in getting microfiche records.

Are they allowed to give themselves extra time like this? If they don't reply at all in time, what is my next step?

Thanks all

IanK

Whilst I have every sympathy for the poor staff trying to deal with Subject Access Requests, if you haven't received all the information you require within 40 days of them receiving your request, report the matter to the Information Commissioner by clicking [URL=”http://www.ico.gov.uk/complaints/data_protection.aspx”]here[/URL]. However, his staff must be as inundated with complaints as the banks’ and credit card companies’ are with SAR’s and there’s only one of him.

I am sorry, but I don't see anything to

about with your settlement with Marbles. The OFT’s figure of £12 is still "extravagantly" higher than the cost of automatically administering a late payment. All that happens is that the credit card company’s computer adds the charge to your account. You don't even get a standard letter. IMHO, they have effectively "conned" you out of £111.

Please read the Reclaim Bank Charges Help thread.

helen_caslass · 31 May 2007 at 12:07PM

hi

am just about to send mt first letter, and was wondering if the 40 days is 40 working days or just 40 days from the date the letter is sent?

have looked but cannot find it on the site...

nickmack · 31 May 2007 at 12:17PM

helen_caslass wrote: »

am just about to send mt first letter, and was wondering if the 40 days is 40 working days or just 40 days from the date the letter is sent?

40 days (not working days) from when they get the payment along with your request.

knickers_123 · 31 May 2007 at 7:16PM

I wrote to my bank (Lloyds-TSB) on 19th April asking for details of all my bank charges for the past 6 years.

Today I received a letter giving me details of charges since September 2001, and therefore not the whole 6 years. In order to request further statements (which i would like going back to April/May 2001) they have advised:

"you may now wish to proceed with your claim for reimbursement of charges, but if you do feel you need further statements, this will take longer to access our archived data. Please let me know by returning this letter.... Under the terms of the Data Protection Act, we are allowed up to 40 days to fulfil your request".

I'm guessing this is a stalling tactic in order to gain another 40 days, or they are hoping I won't bother asking for the remaining statements and thus will pursue reimbursement of charges only from September 2001.

Anyone else had this? Should I take their advice or can I get the remainder of the information more quickly than another 40 days wait?

Any advice appreciated!

Twinkly · 31 May 2007 at 7:42PM

knickers_123 wrote: »

I wrote to my bank (Lloyds-TSB) on 19th April asking for details of all my bank charges for the past 6 years.

Today I received a letter giving me details of charges since September 2001, and therefore not the whole 6 years. In order to request further statements (which i would like going back to April/May 2001) they have advised:

"you may now wish to proceed with your claim for reimbursement of charges, but if you do feel you need further statements, this will take longer to access our archived data. Please let me know by returning this letter.... Under the terms of the Data Protection Act, we are allowed up to 40 days to fulfil your request".

I'm guessing this is a stalling tactic in order to gain another 40 days, or they are hoping I won't bother asking for the remaining statements and thus will pursue reimbursement of charges only from September 2001.

Anyone else had this? Should I take their advice or can I get the remainder of the information more quickly than another 40 days wait?

Any advice appreciated!

Write advising that they have failed to fulfil your Subject Access Request under the Data Protection Act and they are obliged to provide the missing data within the 40 day time period set by your original request.

k1mmie · 31 May 2007 at 8:20PM

Could someone please give me the email address for the IC to make a complaint. Thanks.

Roe_2 · 1 June 2007 at 9:01PM

Hiya, this is my first msg so hope it works! have looked at this site many times and finally joined! Martin, the new look is FAB and love all the tv work u do;)
BUT please help.....:mad: I sent a letter to Abbey about getting a list of charges for an account that is already shut & the £10 cheque & they have not replied at all! Even tho is now 46 days!!
Who do i ring in this instance, as can't figure it out?
Fab site tho,
:beer:
Roe
:T

Stephen_Leak · 1 June 2007 at 9:04PM

If you haven't received all the information you require within 40 days of them receiving your Subject Access Request, report the matter to the Information Commissioner by clicking [URL=”http://www.ico.gov.uk/complaints/data_protection.aspx”]here[/URL]. However, his staff must be as inundated with complaints as the banks’ and credit card companies’ are with SAR’s and there’s only one of him.

ewan_3 · 1 June 2007 at 11:19PM

i have been trying to get my bank charges off the A & L since the start off the year, have sent the letters & the £10 charge but still no responce they have cashed the £10 but have not had anything off them. i wrote another letter last month to them stating that i have had no responce & that i know they received the letter as the money was cashed, but still nothing, any ideas what to do next. i wont be getting much back but thats not the point.
thanks
ewan

40 days and no info/statements

Comments

Confirm your email address to Create Threads and Reply

🚀 Getting Started

Categories

Is this how you want to be seen?

Get our FREE Weekly email full of deals & guides - and it’s spam-free