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Burtons have failed on SAR


powerful_rogue
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I sent off a request for my SAR on the 11th December by recorded delivery which was delivered on the 13th December.

 

I have since failed to receive anything from Burtons.

I have phoned them up, however they state its GE Money I need to speak with.

 

Has anyone else had a similar problem?

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Did you send the letter to the address shown on your statements? Did they cash the £10?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Hiya,

 

I sent it to

 

Data Protection Department

GE Capital Bank

PO Box 700

LS99 2BD

 

Ive just checked through my statement, and ive had a few cheques cashed, but not sure if they have cashed it as I applied ofr a lot of S.A.R - (Subject Access Request)'s at the same time.

 

Royal Mail shows it as being delivered and a signature as well - although unable to makeout the name on the signature.

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In which case, I would send the LBA to the address you sent your SAR to - they have 14 days to comply or you will start legal proceedings and report them to the ICO.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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How spooky is that! My SAR arrived this morning!

 

Ive had a look though and have charges of £72.

 

Quite worrying is the amount of missing statements!

 

May 2004

July 2004

August 2004

September 2004

October 2004

November 2004

December 2004

January 2005

April 2005

October 2005

November 2005

December 2005

January 2006

Augsut 2006

September 2006

November 2006

December 2006

January 2007

February 2007

 

"This is due to a system issues and the data us no longer available to us"

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How spooky is that! My S.A.R - (Subject Access Request) arrived this morning!

 

Ive had a look though and have charges of £72.

 

Quite worrying is the amount of missing statements!

 

May 2004

July 2004

August 2004

September 2004

October 2004

November 2004

December 2004

January 2005

April 2005

October 2005

November 2005

December 2005

January 2006

Augsut 2006

September 2006

November 2006

December 2006

January 2007

February 2007

 

"This is due to a system issues and the data us no longer available to us"

 

Who would like to bet that shall we say some charges are missing.

 

I think a LBA is required that may get them to produce more data also I would report this to ICO if they do not comply

 

dpick:)

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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Heres a copy of the letter I received from them

 

burton.jpg

 

I dont really think a LBA will gain any more information going by their above letter.

 

I still cant believe they can lose so much information. Its not as if its just one year, but statements from every single year. How on earth do they file their paperwork?!

 

Not to sure what to do in relation to charges. On the statements they have provided it comes back as £72. Im alos claiming back PPI as I didnt realise at the time I had it and had to cancel it later into the contract.

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That letter is a load of rubbish as a retired computer programmer I say that any company as big as GE would have a computerised system to take backups every night with monthly and yearly off-site backups as a minimum. To say they are unable to retrieve your data is rubbish they are in default on your S.A.R - (Subject Access Request) I would do one of two things send them LBA or report to Information Commissioners Office.

It would be a simple matter to restore a monthly or yearly backup then if they do not have your data they are in it with Information Commissioners Office

 

I would think about taking them to court over charges and ask the court to award damages for charges that you cannot establish due to GE not supplying the data for the above months.

 

all the best dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

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You can also estimate the charges on a pro rata basis on the missing statements based on the ones you do have.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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UNfortunately, if you look on the threads, you will find that this almost always happens with GE Money - they are a complete shambles. You have various choices - you can send a DPA non-compliance letter but, if they haven't got them, they haven't got them. Secondly, you could make an educated (reasonable) estimate of the charges on the missing statements. For example, you have June 2004 which could lead to an intelligent gues for MAy 2004 and July 2004, and so on. In your letter claiming the charges back, tell them that is what you have done and how you made the estimate. We did this and they paid up on the estimated charges.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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  • 5 months later...

Im about to post my S.A.R. off regarding my Burtons Card. They are about to commence legal proceedings for £400 against me but I know, my charges would total about that amount. Its ridiculous.

 

Im sending it to:

 

Sarah Wainwright

Data Protection Administration

GE Money

PO Box 700

Leeds

LS99 2BD

 

Fingers crossed I dont have the same bad luck and they have my records. They most do if they know how much I owe them!

MY CLAIM STATUS

FIRST TRUST BANK - Small Claims Court Case Filed

ALLIANCE & LEICESTER BANK - Preliminary Letter Sent

CO-OPERATIVE CREDIT CARD - S.A.R - (Subject Access Request) Letter Sent

MINT CREDIT CARD - SAR Letter Sent

CITI CREDIT CARD - SAR Letter Sent

CAPITALONE CREDIT CARD - SAR Letter Sent

VIRGIN CREDIT CARD - SAR Letter Sent

GE MONEY STORE CARD - SAR Letter Sent

 

No more Mr Nice Guy!!! :D

 

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