anji46 v barclaycard

[anji46]

I had no response to my 1st S.A.R after 40days so sent another S.A.R. giving them a further 7 days to respond which is up tomorrow.
Rang them today to see what is happening - they were very rude and said 40 days does not mean they have to reply within that period and I would have to wait....
Is this right as they told me the Data Protection Act does not specify 40 days.
Confused or reading it wrong - can someone clear this?

[e28bigalbexley]

Originally Posted by anji46

I had no response to my 1st S.A.R after 40days so sent another S.A.R. giving them a further 7 days to respond which is up tomorrow.
Rang them today to see what is happening - they were very rude and said 40 days does not mean they have to reply within that period and I would have to wait....
Is this right as they told me the Data Protection Act does not specify 40 days.
Confused or reading it wrong - can someone clear this?

Hi Anji
Yes they do have to respond within 40 days the trouble is most of the people that wok in these depts are ignorant of the law.
Did you include the £10 fee, if so you have been more than generous in giving them an extra 7 days.
Use this template (complaint to the Information Commissioner)and send it of straight away. Data Protection Act - Non-Compliance - Template Letters

Although this takes time it is a slap across the wrists that the banks dont like.
And yes you keep asking for your statements and make it plain to them what you have done.

AL

[anji46]

Thanks for that, I am fully intending to do what you suggest. The guy I spoke to in barclaycard was really stroppy and rude and when he realised my letter was about reclaiming bank charges he said it was not important enough for him to investigate !!!!!!
I seriously kept my cool and after asking him to slow down so I could record the info he was spouting, he told me I was underhand and put the telephone down.

Was thinking of asking for legal advice as he was insistent about the 40 day rule and then had the cheek to hang up.

believe when I say I didi not lose it but I am disgusted

[e28bigalbexley]

Well done to you, (although they send your blood pressure through the roof) yes they really do get up your nose with their 'Look here small person, your wrong im right' attitude, I wish i could meet one of these so called customer relations people on the street bet they would'nt be quite so cocky. I wonder if they have any friends? Stupid me of course they would'nt.

AL

[anji46]

Still not received the information so am completing the template to complain to Commissioners office.
However this does not get me the information I require to establish the correct amount of charges

- I am minded not to continue paying the account until they answer but then they will hit me with even more charges.

[e28bigalbexley]

Send them a letter saying they have ignored the your S.A.R - (Subject Access Request) and you have informed the Commissioner and if they still ignore your letter further action will be taken via the courts. Harsh but it has happened. They are struggling to get data out because of their previous stance on microfiche, consequentially everybody wants their statements now. I will try to find a post for you which could help you to understand the above actions.

Here you go, boil the kettle ............... http://www.consumeractiongroup.co.uk...ional-plc.html

AL