Thread: 'thegfb vs Sainsburys Bank - PPI'

Don't have a great amount of experience with PPI claims but yes a SAR is the way to go. Sooner you get that in the post the better.

All ready to go now, just gotta stick a postal order in and send off with my Natwest one too. I am feeling militant, but cautious

Edit -
Subject access request sent, let's see what happens now.

I have just remembered something else on this - the reason this loan was attractive to me at the time was the fact that I was off work sick with stress at the time, and I did not have to make any payments for 3 months after taking out the money. I felt this would give me a chance to get back on my feet again (which it did).

However, I get the feeling from reading about that if I did ever try to claim if I lost earnings through stress again, then I would not be covered? It's a long time ago and I'm struggling to remember but I am sure that if the website had made this point obvious then I wouldn't have purchased the PPI?

Sainsbury's bank have just sent me a letter acknowledging my SAR, and assuring me that they will be sending me the relevant info within the 40 days. They have also asked me to call them () so they can fully discuss my needs with them and meet my request in full.

To be honest, my letter was the standard template full SAR for PPI from this site, and it's pretty unambiguous. I will not be calling them and keep all further communication in writing only.

The letter also says they are not obliged to send copies of paperwork that is not part of a relevant filing system - this sounds like total crap to me?

It seems they have pre-empted where this is going too since they have sent me a little 'how to complain' leaflet and a load of patronising literature about their responsibilities to the customer etc...

Originally Posted by thegfb

Sainsbury's bank have just sent me a letter acknowledging my SAR, and assuring me that they will be sending me the relevant info within the 40 days. They have also asked me to call them () so they can fully discuss my needs with them and meet my request in full.

To be honest, my letter was the standard template full SAR for PPI from this site, and it's pretty unambiguous. I will not be calling them and keep all further communication in writing only.

The letter also says they are not obliged to send copies of paperwork that is not part of a relevant filing system - this sounds like total crap to me?

It seems they have pre-empted where this is going too since they have sent me a little 'how to complain' leaflet and a load of patronising literature about their responsibilities to the customer etc...

Unless you can record the phone conversation, don't phone them, what they say could be completely to what they do and there will be no record.

The letter also says they are not obliged to send copies of paperwork that is not part of a relevant filing system - this sounds like total crap to me?

They are using this extract from the Data Protection Act 1998,

Part I Preliminary

1 Basic interpretative provisions

(1) In this Act, unless the context otherwise requires—

• “data” means information which—
  (a)
  is being processed by means of equipment operating automatically in response to instructions given for that purpose,
  
  (b)
  is recorded with the intention that it should be processed by means of such equipment,
  
  (c)
  is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, or
  
  (d)
  does not fall within paragraph (a), (b) or (c) but forms part of an accessible record as defined by section 68;

You can bet all your data will be recorded and if it is then it surely must be filed either electronically, in paper format scanned and kept on CD, scanned and put on microfische all of these IMO would be classed as relevant filing systems. It is just a little input to try and put you off getting all the information. If they fail to provide you with what you want the hit them with a non compliance letter and complain to the Information Commissioners Office.

You could actually point out that if your data is not part of a relevent filing system that they are in breach of the DPA 1998 by not handling and storing it correctly IMO.

aa

Thank you, will await to see what they actually come up with and keep you updated

Just a thought - should they not send me my information on the basis that I will not phone them, if I make a subsequent complaint to ICO will that go against me that I did not call them?

Should I send a letter anyway to say I am only prepared to enter into written communication, and to contest their stance on the 'relevant filing system' cop out?

I am feeling very bullish today

Just a thought - should they not send me my information on the basis that I will not phone them, if I make a subsequent complaint to Information Commissioners Office will that go against me that I did not call them? (No if you have copies of all your correspondence that is what the ICO will require. You send letter they receive letter they have 40 days they fail to produce good you complain. ICO will look at complaint and decide on appropriate action)

Should I send a letter anyway to say I am only prepared to enter into written communication, and to contest their stance on the 'relevant filing system' cop out? (Always worth sending letters it lets them know you are not going away)

I am feeling very bullish today :grin:

It is important to keep up the pressure. The banks generally sit back leaving everything to the deadline date or beyond.
You should be in the driving seat. It took me 12 months to get a success.

Right, work is quiet so time to start writing another letter whilst I am in the mood for it

Right, just sent this off. Hope it's not too 'aggressive'.


My address

Their address


20th April 2009

Dear Sir/Madam

DSAR Reference Number: xxxxxx

Thank you for your correspondence dated 17th April 2009 with regard to the above reference.

In response to your request to me to make contact with you by telephone, I will not enter into any communication with you other than in written format because of the necessity for me to be able to record and account for all interactions. Moreover, my initial written request is unambiguous in what I require from you and should require no clarification. If you do need any points clarified, please contact me in writing.

Additionally, in response to your comment ‘Sainsbury’s Bank plc is not obliged to supply records held in paper format if they do not form part of a relevant filing system’. I feel this is not pertinent to my request, since as a data controller you have a legal obligation under the Data Protection Act 1998 to ensure all personal information held on individuals is handled and stored correctly.

I look forward to receipt of the information requested, within the 40 day allowance under the Data Protection Act 1998.

Yours faithfully


thegfb


Does it sound ok? I don't actually expect to 'gain' anything from this letter since they did already state that they will send me the SAR information, but I am letting them know I'm not a pushover

Ok so today Sainsbury's Bank have replied to my SAR response letter. They say all the data is ready to send, but because my current address doesn't match what they have on file (which is right) that they need me to provide them with a copy of a recent utility bill, and a copy of either my passport or driving licence.

I know that they have to be satisfied that they are dealing with the right person, but can they withhold the information from me on this basis? Do they even have the right? I don't like the idea of them having access to these documents of mine.

Regardless of this, because I am renting with family I don't have any utility bills addressed to me that I could even send them anyway.

On top of all this, they were happy to deal with me in the first instance but now they finally decide that they need proof of who I actually am?

Advice is appreciated as usual, thanks

Ok so today Sainsbury's Bank have replied to my Subject access request response letter. They say all the data is ready to send, but because my current address doesn't match what they have on file (which is right) that they need me to provide them with a copy of a recent utility bill, and a copy of either my passport or driving licence.

I know that they have to be satisfied that they are dealing with the right person, but can they withhold the information from me on this basis? Do they even have the right? I don't like the idea of them having access to these documents of mine.

Regardless of this, because I am renting with family I don't have any utility bills addressed to me that I could even send them anyway.

On top of all this, they were happy to deal with me in the first instance but now they finally decide that they need proof of who I actually am?

Advice is appreciated as usual, thanks :grin:

Because the data is protected they are right to request proof of identity if your address is different. Imagine how miffed you would be if you private and personal data went to the wrong person. It has happened several times on this site.
If you are unable to scan and copy yourself there will lots of places that will run you off a copy of your driving licence or passport for a few pence.

Oh yes I would be. However, I would have thought that checking if it was really me would have been one of the first things I would have done, not the last

I read ICO website briefly, and as I understand it the 40 days begins from when they confirm ID... if this true then it sounds like a stalling tactic to ask me right before the initial 40 days is up.

Thanks for your reply again alanalana

Oh yes I would be. However, I would have thought that checking if it was really me would have been one of the first things I would have done, not the last

I read Information Commissioners Office website briefly, and as I understand it the 40 days begins from when they confirm ID... if this true then it sounds like a stalling tactic to ask me right before the initial 40 days is up.

Thanks for your reply again alanalana

Because they are losing massively they will use every tactic they can to hang on to every penny they can for as long as possible.

I have even seen it in the light of trying to tie up my late Dads estate. Halifax, quote "the Cheque will be forwarded tomorrow" this was on Wednesday 6th would have expected post on the 7th still nothing.

Total bunch of rhymes with bankers to use a well known caggers name.

Ok thanks for your continued help and support alanalana. Gonna fire them off a letter asking what is acceptable as a substitute for a utility bill that I don't have. Watch this space

They have replied, saying that since I cannot supply a utility bill they therefore need a copy of a document with my signature on it. Sounds a bit suspicious, but I suppose I could photocopy the counterpart of my driving licence and send that.

They have replied, saying that since I cannot supply a utility bill they therefore need a copy of a document with my signature on it. Sounds a bit suspicious, but I suppose I could photocopy the counterpart of my driving licence and send that.

Make sure the signature you provideon the photocopy of your driving licence is given an identifying mark over and above your usual signature. Perhaps a dot in one area of the signature that only you will be aware of but as you say it does seem to be suspicious.

The main aim of the game is not to give them a true copy of your regular signature that they could use for their own gain.

aa