As I understand it, you have tried to port your number on a number of occasions and each time they have told you on the telephone that they have been unable to do this because of some technical problems. I understand that you have no evidence of this because you haven't recorded calls.

I understand also that you sent them an SAR and they have now responded back to you and I are trying to rely on the three month extension but for reasons which are outside the exception rules in GDPR. Is this correct?

Have you now install the call recorder and have you made a new attempt to port your number? Have you managed to acquire any evidence of the fact that you have requested a PAC code and that once again they have been unable to help you?

Current state of play:

Received this - https://www.consumeractiongroup.co.uk/forum/showthread.php?487711-BT-SIMO-PAC-held-back-Twice&p=5130924&viewfull=1#post5130924

Forum advised I write back. This is the draft - and I am seeking your input on it, before I send it

https://www.consumeractiongroup.co.uk/forum/showthread.php?487711-BT-SIMO-PAC-held-back-Twice&p=5133786&viewfull=1#post5133786

Once the letter is finalised - I will send it immediately.

Then I will attempt to port my number again - and record the call.

I think before you send this stuff, you need to decide what action you are prepared to take. I think you are being led around and that you probably need to take control.

It seems to me that they are in breach of contract by not supplying you with the PAC code that you need. Also, according to my understanding of GDPR, they are now in breach of their statutory obligations.

It will be extremely helpful if you got the recording of them fudging the PAC code request again. You been here since 2012 and I'm only very sorry you don't routinely record your calls as we advise everyone because you would have all this evidence already and you could move immediately.

I would suggest that before you do anything else, try to get the PAC code and record what happens. You never know, you might be lucky enough to get at this time. However if they continue causing you problems at least then you will have the evidence that you need without having to hang around for an SAR over which they propose to take three months.

After that I think that the next thing I would do is I would send them a letter before claim. I was given 14 days to produce the PAC code and the SAR or sue them without any further notice. They clearly aren't taking you seriously and I'm getting concerned because we have another example of a major company which seems to be totally happy to breach the data protection rules by attempting to rely on a three-month exception in circumstances where it doesn't apply.

I think people need to start taking action on this because it will soon become part of the culture of all companies that they can take up to 3 months – and not only that the public will start believing that that is indeed the situation.

If you are prepared to take the legal action then I would sue them for the losses that you have incurred as a result of the failure to provide you with the code and also for a modest amount – say, £50, for their statutory breach.

As usual we advise that you only decide to send a letter before action if you really intend to go through with your threat which is to issue the papers.

I can fully believe that once you did issue the papers then things will start to move very quickly – including the SAR. They would try to get you to drop the case. Although I would recommend that you did drop the part of the claim dealing with the failure of the PAC code – assuming that they paid you out your losses and your claim fee, I would recommend strenuously that you would continue on the statutory breach in order to get a judgement because it is only that which will start to deliver a lesson to this company and all the other companies that are trying to play around with their customers basic rights.