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I really need help. Npower breached SAR and GDPR


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Well it’s been a long while. I have been very poorly with some weird auto immune disease thing. Still ongoing but the steroids are hopefully working.

 

Anyhow. To update, I’m still exactly where I was. Npower have completely ignored all requests for SAR. I have complained to ico on the 28th March and I’m still awaiting their response. They say they have a backlog and will get to my case when they can. I have provided all proof of requests for SAR including their reply to my emails asking for SAR yet ignoring that very question!

 

I am still paying obscene amounts of money on this meter every week. At least £150 a month just for gas with no heating on.

 

I am kind of stuck until I get the information I need. I feel they are treating us as cash cows. Thousands paid and for what?? How long will they keep it going.

 

I’m sorry I never replied to anyone but I have open ulcers on my skin including my hands and I struggled doing much at all. So please do accept I didn’t disappear. But I’m back and ready to try again. Lord I’m like a jack in the box.

 

I am going to go out to the meter now and get up to date numbers off it. Will post them in a few minutes.

 

As always thank you for taking the time to offer any help or advice. I am grateful.

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All I can say is keep meticulous logs of everything, all payments made, dates times etc, have you demanded Nshower comply with your legal request?

 

How about getting onto their CEO? Try and speed things up a bit.

 

I despise energy companies with a passion, almost as much as the DWP, and that's going some!!

 

Can only advise, keep everything in writing, keep on top of that complaint with the ICO, and above all else continue making formal complaints to Nshower including on their social media sites, embarrass them on there.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Do you have proof that nPower cashed your £10 payment for the SAR? What date did they do this?

Have you followed up with a letter to them reminding them they have not complied?

 

 

I note you say you have been to the ICO - personally I would have submitted a County Court claim for non-compliance - it may cost but they do get their act into gear.

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Do you have proof that nPower cashed your £10 payment for the SAR? What date did they do this?

Have you followed up with a letter to them reminding them they have not complied?

 

 

I note you say you have been to the ICO - personally I would have submitted a County Court claim for non-compliance - it may cost but they do get their act into gear.

 

I am really stumbling my way through this so I wasn’t aware of any court claim I could submit. I thought I had to just sit tight and wait for Ico.

No payment was sent as they send you a form according to their website with request for payment.

I have followed it up multiple times. I have been ignored every time. In fact I’ve been ignored for years.

Thank you.

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All I can say is keep meticulous logs of everything, all payments made, dates times etc, have you demanded Nshower comply with your legal request?

 

How about getting onto their CEO? Try and speed things up a bit.

 

I despise energy companies with a passion, almost as much as the DWP, and that's going some!!

 

Can only advise, keep everything in writing, keep on top of that complaint with the ICO, and above all else continue making formal complaints to Nshower including on their social media sites, embarrass them on there.

 

 

I was hoping to get the SAR. I genuinely do not believe I ever owed them what they claim. I want them to prove why they say I do, where they got the figure from etc… it really has gone on far to long. And it will keep going.

I do keep everything in writing now. I’m learning as I go

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These mean absolutely nothing to me but here’s what’s on the meter.

 

Meter index. 13701. 221m3

Meter index 13701. 232m3

 

GD REMAINING £686.31

GD WEEK MIN £3.60

GD REC RATE 70%

 

Ref B11005500

748127

 

Tariff cost 1-4 0.00

Tariff cost 5 3.453

 

Standing charge 0.2831

 

C.v 40.400

Billowing cycle 91

GAR 30%

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I am really stumbling my way through this so I wasn’t aware of any court claim I could submit. I thought I had to just sit tight and wait for Ico. It's another way of doing it but if it is the route you follow then the ICO will not get involved. The ICO will I guess take at least 6 months or more.

No payment was sent as they send you a form according to their website with request for payment. Did you ever receive the form? It also does tell you on their site no payment or no form then no information. It would appear they have perhaps used this as a stalling tactic by not telling you. I would wait the extra few days until the new rules come in and send it again then - I understand they cannot charge this time either.

I have followed it up multiple times. I have been ignored every time. In fact I’ve been ignored for years. Have you always done it over the phone? If so have you ever got further than whoever answered? Did you record any of the calls?

Thank you.

 

 

PT

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I was hoping to get the SAR. As said on my previous thread it appears you did not comply with the conditions of the application which could be why nothing received. I genuinely do not believe I ever owed them what they claim. I want them to prove why they say I do, where they got the figure from etc… it really has gone on far to long. And it will keep going.

I do keep everything in writing now. I’m learning as I go ��

 

 

They need to tell you how & where they got their figures from. If they are saying too old or no records then they need to be told so and to prove it or move on.

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No payment was sent as they send you a form according to their website with request for payment.

I have followed it up multiple times. I have been ignored every time. In fact I’ve been ignored for years.

Thank you.

 

Well I'd ignore the lies on their website and send them a SAR off here, along with the £10 fee, that way then they have no wriggle room to shirk their legal responsibilities, the reason why you've been ignored to date is because the legal process hasn't been followed.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 3 weeks later...

I agree with the suggestion of Plodderton that you should start a small claim for breach of the Data Protection Act. However, you were asked in an earlier post whether they cashed your £10 and I don't notice that you have replied. Please will you deal with this.

 

How did you send your SAR? Was it recorded delivery post?

 

I'm afraid I can't believe that Npower destroy data after six years. Six years is simply a limitation period for breach of contract. As far as I know there is no six-year rule in respect of personal data. However it is certainly advised that these companies hang onto their personal data for at least six years – but to say that it is a six year limit is completely wrong.

 

Once again, I simply don't believe that the data is destroyed.

 

Once we have established that you did make a valid SAR and they received it, and that they breached it, would you be prepared to begin a court claim about it?

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I’m sorry I missed that, it wasn’t intentional. No my first cheque was not cashed. My second cheque has just been returned. First SAR normal post plus request via email.

Every letter I have including this reply quotes the limitations act. If I have a valid claim then yes I will.

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Thank you, please will you post up in PDF format their letter refusing the SAR and return your cheque. Presumably you have kept the return cheques?

 

Also can you please post up a copy of your SAR request

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Thank you, please will you post up in PDF format their letter refusing the SAR and return your cheque. Presumably you have kept the return cheques?

 

Also can you please post up a copy of your SAR request

 

 

I’m really sorry but I am an idiot with technology. I have an iPad and no clue how to do a pdf file. I can photograph the letters and send them to someone if that would work?

The first cheque wasn’t returned or acknowledged. The second cheque has just today been returned and the letter references that.

 

I don’t have a copy of my SAR request. I don’t have a printer. I hand write everything. I used a template letter to request SAR.

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I agree with the suggestion of Plodderton that you should start a small claim for breach of the Data Protection Act.

 

 

 

I never mentioned at the time that this would be treated as a non-money claim which attracts an Application of £355 - if on certain Benefits or low income then it is possible to have the fees waived in part or in full - Form EX160 has details.

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Then you should at least photograph the letters that you send. Please photograph the letters, make sure that they are good quality photographs and in focus and is not as possible. Then upload them here.

 

We are very happy to help people here that we expect them to have the minimum of equipment that they need for this kind of thing. You can get a decent scanner for £50 from PC World and it will last you for years. You can operate it wirelessly from your iPad and you will be very pleased that you have it.

 

Which SAR template did you use?

 

In respect of the unreturned cheque, do you have the cheque stub?

 

I think that if we are going to help you, you're going to have to start keeping better records. When dealing with companies like Npower and most other big bully companies, it's a matter of survival/self-preservation.

 

When did you make your complaint to the ICO? Did you do this in writing? Do you have a copy of the complaint? Have they acknowledged it? Do you have a reference number?

 

I never mentioned at the time that this would be treated as a non-money claim which attracts an Application of £355 - if on certain Benefits or low income then it is possible to have the fees waived in part or in full - Form EX160 has details.

 

don't worry about this, we will help you present it as a money claim. You make a claim for a very modest amount of compensation. That will be enough to get a judgement.

 

We are not on benefits and I don’t have £335 to spend. :-(

 

you don't have to be on benefits to get a fee waiver. You simply have to have a low disposable income

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Look I’m really sorry BankFodder but I have been trying for years to sort this.

In between a multitude of other stuff which I obviously don’t want to explain here.

I have tried my best.

 

I am learning as I go but sometimes I only have one hand to use and that makes things a tad complicated.

It’s all well and good saying buy a scanner but I’m actually to daft to work out how to connect the blimmin thing.

I really am turn it off and on again and hope for the best.

If help is only available to those with a minimum amount of equipment then a fair few people won’t get help.

 

I am unbelievably grateful to everyone who has offered advice and I have actually took note and followed suit.

Where I have not copied letters I’ve wrote, I have followed up with an email. I have kept replies etc to try and establish a line of proof.

 

Currently all I know according to npower is that I am wrong and they are right.

I will copy the latest letters out here for everyone and if anyone wants copies sending to them, I will.

 

Letter reply to latest SAR.

 

Dated 31.05.2018

 

Dear *******

 

YOUR RIGHT TO ACCESS

 

Thank you for your letter dated 22nd May 2018 which advises us you wish to invoke your right to access personal data that is held on you npower account.

 

Firstly I would like to apologise for your previous requests for information not being auctioned. We have reviewed your account and it appears we have no previous SAR raised which would initiate this process.

 

In order to action your request we have raised a unique reference number (URN) **********

The URN will generate forms which we require you to fill in with specific details of your request and return with two forms of identification.

 

Once received we will action your request with the information you have requested sent to you by recorded delivery and a signature will be required upon delivery. All details will come with the forms and accompanied letter.

 

I enclose the cheque you have included with your letter for £10 as this is no longer required in line with GDPR.

 

*********************************************************************************************************************************

 

 

In response to my letter to the ceo.

 

 

Dear *****

 

Thank you for your letter dated 22nd May 2018 addressed to ceo ***

As a member of the executive liaison team I have been assigned as your dedicated case handler. Therefore the matter will remain my responsibility until it is resolved.

 

I would like to take this opportunity to apologise for the previous level of service which you have received. This is in particular reference to the multiple contact which you have made. I am also sorry to hear that the questions which you have asked remain unanswered.

 

I would have liked to speak with you this morning however we do not hold your current contact telephone number, as such I am writing to you instead.

 

Having reviewed the information which we hold in both our current billing system and our archives, I can confirm that your account was opened on the 27 December 2007 using an estimated start reading 8170

 

The gas meter was then exchanged to a prepayment type on 4th October 2009 and the meter company concerned confirmed that the final read on the meter which they took out was 0140.

 

I note that you have asked for clarification of the actual billing period that the final quarterly bill covered.

 

While I am sorry that I am unable to confirm this, as the statute of limitations states that we should only retain such information for a maximum of 7 years, the overall balance was calculated to be £1983.21 debit at the point the meter was exchanged.

 

This was based on the cost of fuel used during the time that the account has been open compared to the amount of payments which we had received over the same time period. It also took into consideration that the invoices produced prior to this date had been based on estimated readings because of the condition of the meter, as you have outlined.

 

In terms of how much has already been paid back I can see that a statement was last produced for you on 26 December 2017 using a reading of 12536 which was obtained on 18 December 2017 and showing a remaining balance of £697.13

 

Should you wish me to I can also produce an up to date invoice for you upon production of your current master read, which you can forward to me together with your telephone number using the details below.

 

In the meantime I can also confirm that you will receive a letter from our specialised subject access request team within the next 10 working days. Please respond directly to the, while also providing the relevant proof of identity and they will gladly process your application within 40 calendar days of receipt.

 

I hope that the information I have provided in my current letter has addressed the points you raised and you now consider this matter to be resolved.

 

If this is the case there is no need for you to contact me further as your complaint will automatically close in 21 days on the 21 June 2018 on the assumption that you are happy all actions have been completed.

 

*******

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law has changed as of last week so no need to send them a tenner and they now have 30 days to respond. they can then ask for a further period to find everything but as yu have been mucked around I would be sending in the new request and then getting on to the ICO as soon as the 30 days are up and show them the correspondence refusing the SAR. Now the law has always said that the data must be securely stored so if it is still important destroying it is a no-no anyway. they are expected to delete your data when it is no longer being processed and with a current customer that would mean never. Funny how these businesses lose important data when they are in the wrong but manage to send you marketing stuff 10 years after you were a customer and to a different current address.

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You said that you have been with them since 2006 but they say that you have been with them only from 2007

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Did you contact the ICO on the telephone or by letter? Apart from anything else, they are not entitled to impose formalities such as filling in a particular form in order to make an SAR. Also, the identity information which they require is really quite unnecessary because they are writing to you freely with personal data at your present address.

 

What they are doing amounts in my view to an obstructive approach. Please tell us about the ICO complaint

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