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HELP!
I sent my SAR to Egg on 26th March 2997, they sent me back a letter stating they require ID. This has been sent and acknowledged.
They have still not sent me my statements so am sending a non-compliance letter today.
I read on other threads that some people are 'estimating' charges and sending a prelim with an estimate. Should I do this, or go through court proceedings (which I really don't want to do at this stage).
They took 3 weeks to do that with me, I told them the 40 days stood regardless from the day after receipt of my request (as any reasonable judge would consider 3 weeks an unnaceptable time frame in which to ask for ID!)
I'd really try go get the catual data rather than an estimate, only use this once they have taken over say, 60 days (at which point you could issue a non compliance in court for the SAR as you have given them every opportunity)
omnia praesumuntur legitime facta donec probetur in contrarium
Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional
Egg delayed my S.A.R - (Subject access request) for ages. After the first 40 days I sent them a warning then they sent me a letter requesting some form of I.D. I sent this then had it returned three weeks later with a letter saying they would now send my information within 40 days. They didn't and I sent them the following:
Data Request Team
Point North
Brierley Hill
DY5 1LU
Your Ref: XXXXXXXX/XXXX/Box XX Dear Ms Wiseman,
I have written to your organisation on three occasions commencing on 1st February to request a fully comprehensive list of all the default charges I have paid over the last six years.
Three months later I am still waiting for this information. Quite frankly I am shocked and disgusted at your blatant disregard for the law concerning the Data Protection Act and I demand that you send the information immediately. Should I not receive this information within seven days from the date of this letter I shall not hesitate to present my case to the Information Commissioner.
Yours sincerely,
XXXXXXXXX
I recieved a very comprehensive bundle of information on saturday - a disgraceful 117 days from the original request. Still, it's here now and I quickly totted up over £300 in charges which I shall request back this week.
I think patience is the key, though I will not be so patient for the next stages of the claim.
I am having similar probs to what you went through with Egg. I first requested my data in April. I have sent my cheque which they returned once. I sent it back but they have not cashed it yet. However, I cannot get a response from them about what ID I need to send. I would be really grateful if you could let me know what sort of ID they requested from you.
Bear in mind though, that if yo are asking for the data to be sent to the adress your Egg bills go to, they are being unreasonable
Accordingly, send them the I.D but then complain to the ICO for the length of time taken (as the 40 days begins when they receive your formal request, not when you send the ID back
Also, if it goes on to long, consider court action
omnia praesumuntur legitime facta donec probetur in contrarium
Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional
Bellacat, I believe Egg wants a photocopy of passport or drivers licence, plus one (or two?) utility bill originals showing your name at your address (returned). Uniquely among credit cards, Egg does not post monthly statements. With all communications via secure email, an Egg customer could have moved address 5 years ago and Egg would be none the wiser, so the ID check arguably protects the cardholder as much as Egg.
The full option involves a stack of paper an inch thick including numerous screen prints taken individually by hand. The statements contain the flucutating monthly interest rate, so this option would be preferable if you intend to reclaim compound interest accrued on unlawful charges. The £5 option returns just a list of charges levied, and most likely come back much faster. Once you have the statements the rest will be easy, with winners in recent months not even bothering with legal forms, full repayment within a week or two, provided you follow the proven steps, see V-E Day index of winners.
Or you could try sending them an email through their secure messaging service....i just copied and paste my SAR request and told them to take £10...they hardly need id confirmation this way...try, may work for you as well!
I tried sending them another secure message - first of all I had a really unhelpful email that did not answer my question. Then I received an Egg research survey that asked me how well my query was answered..I obviously ticked all the 'poor' boxes. I then received another email from a different person, apologising for their colleagues response and told me the date that my data request had begun and that I did not need to provide any further ID.
FWIW if the statements dont turn up after 40 days send them an lba and give them a further seven days then file at court.
If they dont ask for Id promptly then they cannot rely on the lack of ID as a reason for holdingup your id. If you are a current cleint then i suggest that when you send the SAR you support it with a request via their secure system as validation.
JMHO
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA