Hi All,

I have a BT Sim only contract (3 years-ish). Twice I have asked for the Pac - twice they told me:

'..there was a problem with our system - somebody will call you tomorrow/issue it tomorrow'.

It never arrives. Both of these attempts were made months apart.

I am woefully out of date with the new rules on requesting data.

I have recorded all the calls to them myself - but I need to see everything they have - I want to go all the way.

How do I make a request for all calls, notes/data regarding my BT account. I wish to go to ofcom - and have them sort this out.

I am locked into the contract & feel this qualifies as mistreatment.

My sincere thanks to anybody willing to help guide me & explore the issue - to map a way forward.

Libertas

Use our SAR template.

Is this problem with the porting of the number cause you any losses in terms of being prevented from moving to a cheaper supplier?

Thanks for replying - that was my intention - to go to a new deal that EE had on whihc was more than 50% cheaper.

Because they wouldn't give me the PAC - I lost out - and have been paying over the odds on my current contract. This has happened twice now.

With the SAR there will be a charge?

Can I achieve the same using GDPR - but for free?

Why don't you follow the SAR link and you won't need to ask those questions.

Can you explain why they won't give you the PAC.

I signed up for a BT Sim only deal 2015 December.

When my contract was coming to a close - I called BT and asked for my Pac code. At that time on mse and hotukdeals - there were some seriously discounted deals from competitors - and many people were switching.

I was told that there was a problem with BT's pac system - somebody would call me back - and the PAC process would be imitated.

A few months passed - no call - we had a number of unexpected deaths in our family - so I had other priorities in those months.

April - Again called up and asked what was going on - give me my pac please. They threw £25 credit at me (keeping the money for the extra months). Again there were amazing competitor deals - so yet again I asked for my pac.

You won't believe this - for the second time on that same call - he said our 'systems are malfunctioning - somebody will call back and start the pac process'.

It is now September - and I am being very serious - BT are not giving me the PAC when asked for (twice).

All calls were legally recorded by me too.

So how would you like to bring a small claim in the County Court for breach of contract?

I expect the sum would be quite modest but you would need to calculate the money you have lost over the months. Let us know how much

I am grateful for the guidance you are providing.

I have the SAR template - and need help on whether I should limit my request somewhat.(

This product/service (BT SimOnly - mobile voice/txt/data) was ordered on 7th December 2015.

I need all the recordings/notes etc. to do with this product/service only - not for my BT home broadband/TV services.

Hopefully by specifying a start date - they will find it harder to say the scope is too wide - and a fee applies?

I would ask for your thoughts on this - and whether limiting it from 01 Dec 2015 onward - would be a bad idea?

Narrow it down further. Don't give them any wiggle room.

Specify exactly what it's for, i.e. your BT Mobile SIM Only contract for telephone number XXXXXXXXX from 01-12-15 to present.

That way it doesn't allow them any scope to find a get out.

Bankfodder - I have a question to ask - but for some reason the forum wont allow me to PM you.

For the new SAR template - I've been through it line by line. It recommends that the reader look at post #X, and post #Y at different points.

However when you try and do this - there are discrepancies.

Can someone go through it - and check the directions to the reader - line for line - as I think somethings been missed.

If I am wrong - then I am wrong and need to be corrected.

I just want to make sure I get this letter spot on - because I know that if you start on solid footing - you have the best chance of success.

My sincere and genuine thanks and gratitude, to all those that are contributing to this discussion.

Libertas

Update:

Sar sent 19.06.18.

Response letter received today:

THIS LETTER WAS NOT MARKED AS PRIVATE / CONFIDENTIAL - NOR DID IT ALLUDE TO ANY SUCH PRINCIPLE IN ANY WAY:

"Dear Mr. LIBERTAS,

Thank you for your request for a copy of the information we hold about you which we received today [21.06.18].

Whilst we normally aim to respond within one month of your request, we are currently receiving an exceptionally high volume of requests and we therefore need extra time to be able to respond to them. We will complete your request as soon as possible, but at the latest, within three months of your request.

We may be in touch in the meantime if we have any questions, or if we need to extend our response time for any reason but we will explain why.

If you need to contact us please write to the correspondence address below or email us at [email protected].

Yours sincerely

Data Subject Access Request Team"

What move should I make now?

I am fearful they will call me when I am out and about - and will therefore be unprepared to record any such call?

I want full transparency - because I offer it to them too.

I would be tempted to write back to BT and point out the following...

The fact that they are experiencing a exceptionally high volume of requests is not your problem. The Information Commissioners Office guidance on GDPR is quite clear on the matter.

You can extend the time to respond by a further two months if the request is complex or you have received a number of requests from the individual. You must let the individual know within one month of receiving their request and explain why the extension is necessary.

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/

Therefore other peoples SAR's are of no concern to you. Your request is not complex and you have only sent in a single request, so it is not excessive.

I would also suggest that if they are struggling to cope with the number of SAR's they are receiving that they employ more, or move staff to deal with them.

Point out that the clock is still ticking and that you do not accept that they need any further time to deal with your request and that any communication should be in writing, or email if you like.

Read our customer services guide. Implement the advice there. Then have another telephone call with them about porting the number and if they claim the malfunction again, make sure that it is recorded. In the same conversation make sure that it is recorded that you tell them that this is the third or fourth time that this has happened and ask for explanations. Ask them that if they have records of your previous requests on their screen notes.

Get all of this done on recording. Make sure the recordings properly backed up.

Then come here and we will help you sue them. I suggest that you sue them for breach of contract and also for breach of their GDPR obligations. Also, make an immediate complaint to the ICO.

In fairness, they have not yet breached their GDPR obligations, but have indicated that they're probably going to.

Good point.

Make the recorded calls and then come back here

Thank you all for your guidance & responses - I was away due to a family emergency. Following your advice - I have typed up this draft, as a response.

I am hoping for your help and guidance in improving/amending it please:

"09/07/2018

In response to your initial response (post 10).

Data Subject Access Request Team,

Dear Sir/Madam,

Respectfully,

Thank you for your initial response letter dated 21/06/18, indicating that you may need to delay your fulfilment of my S.A.R for the reason that:

“We are currently receiving an exceptionally high volume of requests and we therefore need extra time to be able to respond to them. We will complete your request as soon as possible, but at the latest, within three months of your request.”

This letter was received on 27/06/18.

Whilst I genuinely I sympathise with your situation, I must respond that the reasons as provided – do not fit within the bounds of the ICO guidelines - permitting an extension above the original 30 days:

ICO website - Guide to the General Data Protection Regulation (GDPR):

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/

Since you have not conveyed my S.A.R as “...being complex...” nor have you received a “…number of requests from the individual [Myself].” - I look forward to your accurate, comprehensive & complete S.A.R fulfilment.

To demonstrate my reasonableness & my sympathy with the difficulties you alluded too – I am willing grant you an additional five working days in total, to the original 30 days.

Yours Sincerely,

Mr Libertas."

Generous I'd say

They'll still try and wriggle of course, but feel free to be on the phone to the ICO the day after your new time frame expires.

Generous I'd say

 

They'll still try and wriggle of course, but feel free to be on the phone to the ICO the day after your new time frame expires.

Thanks for responding DragonFly1967,

I'm very grateful for any modifications, changes, suggestions you can give.

I'm actively seeking constructive criticism.

If I am reasonable, and act in good faith - in the long run - it demonstrates I am genuinely pursuing things in a good natured way.

If it does go to adjudication - they should be able to understand that I'm genuine & sincere. Or am I being naive?

BT and sincere... Let me think

What they might realise is that you're not going to be the pushover that they think you are, and that's about the best that you can hope for when it comes to dealing with companies like this.

I wouldn't change anything to be honest, just get it in the post and see what their next move is.

BankFodder,

I'd appreciate any thoughts on this?

Good point.

Make the recorded calls and then come back here

BankFodder,

I'd appreciate any thoughts on post 15?

BT and sincere... Let me think

 

What they might realise is that you're not going to be the pushover that they think you are, and that's about the best that you can hope for when it comes to dealing with companies like this.

 

I wouldn't change anything to be honest, just get it in the post and see what their next move is.

DragonFly1967,

I'm very grateful for your reply.

I was hoping to get the opinion of Bankfodder too - simply to hear as many ideas as possible.

Do you have the ability to PM BankFodder - and ask him to offer his thoughts to my latest question - I can't seem to PM him directly.

Hope you can help,

Once again, most sincerely - I'm grateful to both of you for your continued guidance.

Libertas

I think BF is away in Germany at the moment, I did flag this for his attention, but I don't think he has the internet access that he'd like so may not have seen it.

Okay I'm back for a bit now. Can you please let me know where you are on this and what the likely next step is

Okay I'm back for a bit now. Can you please let me know where you are on this and what the likely next step is

Hi BankFodder,

Currently - just waiting for your input on post 15 - then will proceed once I've heard your ideas on this. Other than the initial SAR request - I have not communicated with BT.

Okay I'm back for a bit now. Can you please let me know where you are on this and what the likely next step is

Hi BankFodder, did you get a chance to see my previous post?