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M&S money refusing SAR’s


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In response to a SAR my friend has had her £10 fee returned and sent what can only be described as baffling as well as admitting to not providing all information requested.

 

‘A full subject access request may deliver more information than you need.’

 

I don’t remember her SAR asking you to decide what you want to send her.

 

I thought she was very clear on the subject…..ALL DATA……….obviously she must have developed foreign language skills and wrote it in Chinese.

 

What they sent makes no sense at all?

 

And they know it.

 

I’ve spoken to two other people who in response to SAR have been sent the same crap from M&S, which even a financial friend of mine had to scratch his head, read three times and declare he had no idea where the fees are. This is completely useless to someone attempting to recover credit card fees.

 

Why are they still able to get away with this? It makes a mockery of the SAR.

 

No where in the documents is there any mention of any kind of fees/admin charge, no where in the statements are any amounts that can identified as fees.

 

This is so much an abuse of the SAR laws I don’t know whether to laugh or report to FOS.

 

I thought financial institutes had there hands rapped for these kinds of smoke and mirrors tactics such as closing bank accounts sending indecipherable rubbish.

 

Has anybody else been treated to this kind of treatment?????

 

What is the legal position on SAR’s anyone feel like quoting from the good book? I feel a letter coming on.........

We live in an unmoderated country why should the net be any different?

Bring back free speech we miss it!

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From here

Data Protection Act 1998 (c. 29)

 

 

7 Right of access to personal data

 

(1) Subject to the following provisions of this section and to sections 8 and 9, an individual is entitled—

(a) to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

(b) if that is the case, to be given by the data controller a description of—

(i) the personal data of which that individual is the data subject,

(ii) the purposes for which they are being or are to be processed, and

(iii) the recipients or classes of recipients to whom they are or may be disclosed,

© to have communicated to him in an intelligible form—

(i) the information constituting any personal data of which that individual is the data subject, and

(ii) any information available to the data controller as to the source of those data, and

(d) where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

(2) A data controller is not obliged to supply any information under subsection (1) unless he has received—

(a) a request in writing, and

(b) except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.

(3) A data controller is not obliged to comply with a request under this section unless he is supplied with such information as he may reasonably require in order to satisfy himself as to the identity of the person making the request and to locate the information which that person seeks.

(4) Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless—

(a) the other individual has consented to the disclosure of the information to the person making the request, or

(b) it is reasonable in all the circumstances to comply with the request without the consent of the other individual.

(5) In subsection (4) the reference to information relating to another individual includes a reference to information identifying that individual as the source of the information sought by the request; and that subsection is not to be construed as excusing a data controller from communicating so much of the information sought by the request as can be communicated without disclosing the identity of the other individual concerned, whether by the omission of names or other identifying particulars or otherwise.

(6) In determining for the purposes of subsection (4)(b) whether it is reasonable in all the circumstances to comply with the request without the consent of the other individual concerned, regard shall be had, in particular, to—

(a) any duty of confidentiality owed to the other individual,

(b) any steps taken by the data controller with a view to seeking the consent of the other individual,

© whether the other individual is capable of giving consent, and

(d) any express refusal of consent by the other individual.

(7) An individual making a request under this section may, in such cases as may be prescribed, specify that his request is limited to personal data of any prescribed description.

(8) Subject to subsection (4), a data controller shall comply with a request under this section promptly and in any event before the end of the prescribed period beginning with the relevant day.

(9) If a court is satisfied on the application of any person who has made a request under the foregoing provisions of this section that the data controller in question has failed to comply with the request in contravention of those provisions, the court may order him to comply with the request.

(10) In this section—

 

  • “prescribed” means prescribed by the Secretary of State by regulations;
  • “the prescribed maximum” means such amount as may be prescribed;
  • “the prescribed period” means forty days or such other period as may be prescribed;
  • “the relevant day”, in relation to a request under this section, means the day on which the data controller receives the request or, if later, the first day on which the data controller has both the required fee and the information referred to in subsection (3).

(11) Different amounts or periods may be prescribed under this section in relation to different cases.

 

Hope that helps.

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Hi I would send them something along these lines.

 

But please remember that as in my claim with MBNA I had to issue N1 claim to get MBNA to comply with my sar.

 

Letter before action

 

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated DD/MM/YYYY. The disclosure of personal data is incomplete in that at least the following documents are missing.

 

 

Adapt as required

 

1) You have failed to provide a complete list of transactions and charges. Add any dates for missing data

2) You have provided no notes, or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

 

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 14 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully,

 

 

 

MBNA complied as soon as they got the court papers and gave me £250 compensation to keep me quiet

 

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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  • 2 weeks later...
In response to a S.A.R - (Subject Access Request) my friend has had her £10 fee returned and sent what can only be described as baffling as well as admitting to not providing all information requested.

 

‘A full subject access request may deliver more information than you need.’

 

I don’t remember her S.A.R - (Subject Access Request) asking you to decide what you want to send her.

 

I thought she was very clear on the subject…..ALL DATA……….obviously she must have developed foreign language skills and wrote it in Chinese.

 

What they sent makes no sense at all?

 

And they know it.

 

I’ve spoken to two other people who in response to SAR have been sent the same crap from M&S, which even a financial friend of mine had to scratch his head, read three times and declare he had no idea where the fees are. This is completely useless to someone attempting to recover credit card fees.

 

Why are they still able to get away with this? It makes a mockery of the SAR.

 

No where in the documents is there any mention of any kind of fees/admin charge, no where in the statements are any amounts that can identified as fees.

 

This is so much an abuse of the SAR laws I don’t know whether to laugh or report to FOS.

 

I thought financial institutes had there hands rapped for these kinds of smoke and mirrors tactics such as closing bank accounts sending indecipherable rubbish.

 

Has anybody else been treated to this kind of treatment?????

 

What is the legal position on SAR’s anyone feel like quoting from the good book? I feel a letter coming on.........

 

 

Hi there

 

I'm new to all this but wondered if you could tell me who the payment should be made out to for a S.A.R - (Subject Access Request) to m&s....would it just be m&s financial servs?

 

I had a personal reserve account and several loans but have no paperwork for them as moved house and shredded old statements etc.

 

any help would be appreciated..thanks.

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