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SAR.-Phone Calls--Not Routinly Recorded

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Sent SAR request around 4 weeks ago [asking for literally everything!] and today received confirmation from Halifax.

 

They enclosed 'for your information'

 

1] Leaflet. 'Personal Customer Complaints-Here's what we'll do'

Why do I need a complaints leaflet?--I've nothing to complain about ...yet!

2] Copy of our [Halifax's] company privacy policy.

Headed 'Our Full Privacy Statement'--Why we need your information and where we obtain it'

6 x A4 sides--why send this out?

 

The letter continued that they were processing my request and would be sending it to me in line with the 40 days allowed.

The letter continued...

''With regards to your request for all telephone conversations that have been recorded,I can confirm that they are not routinely recorded.There may be some notes relating to telephone conversations included in this DSAR. If you want to us to trace specific recordings then please supply us with:

  • Date and time of each telephone call;
  • The telephone number which you dialled;
  • The telephone number which you dialled from;
  • The name of the colleague who dealt with your call.

Not surprisingly they're not going to put themselves out any more than they have to but I was expecting records of telephone calls to me,not from me!

 

Please note,HBOS plc is not obliged to supply records held in paper format if they do not form part of a relevant filing system.

 

Who decides what is or is not 'a relevant filing system'?

Where would you hold 'records in paper format' if not in a filing system?

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I got the same thing as you above, there's no way I can tell them the exact date and time and who it was that I spoke to or who spoke to me - this data is over 5 years old, how am I supposed to give them anything other than an approximate date and the telephone number.

 

You're right - who decide's what's relevant?. Tthe final stack of paperwork I got from them actually was rather irrelevant to me making a claim as all the details of the phonecalls, the pos of the insurance etc was not in the paperwork :(

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Sent Subject Access Request request around 4 weeks ago [asking for literally everything!] and today received confirmation from Halifax.

 

They enclosed 'for your information'

 

1] Leaflet. 'Personal Customer Complaints-Here's what we'll do'

Why do I need a complaints leaflet?--I've nothing to complain about ...yet!

2] Copy of our [Halifax's] company privacy policy.

Headed 'Our Full Privacy Statement'--Why we need your information and where we obtain it'

6 x A4 sides--why send this out?

 

The letter continued that they were processing my request and would be sending it to me in line with the 40 days allowed.

The letter continued...

''With regards to your request for all telephone conversations that have been recorded,I can confirm that they are not routinely recorded.There may be some notes relating to telephone conversations included in this DSAR. If you want to us to trace specific recordings then please supply us with:

  • Date and time of each telephone call;
  • The telephone number which you dialled;
  • The telephone number which you dialled from;
  • The name of the colleague who dealt with your call.

Not surprisingly they're not going to put themselves out any more than they have to but I was expecting records of telephone calls to me,not from me!

 

Please note,HBOS plc is not obliged to supply records held in paper format if they do not form part of a relevant filing system.

 

Who decides what is or is not 'a relevant filing system'?

Where would you hold 'records in paper format' if not in a filing system?

 

This is a typical stance on how not to comply with the Data Protection Act 1998.

 

Make sure you complain and tell Halifax a copy of their letter is on its way to the Information Commissioners Office.

 

A relevant filing system will include anything that refers to you and your data by your name, your account number, your loan reference number, your address, your telephone number, your pin number and any other personal details which link you as a data subject to any record they hold.

 

If however they hold let's say 10.000 sheets of paper in a filing cabinet and it covers records of 4,826 different people then IMO this is what they is classed as by them as a non relevant filing system.

 

Question here is how many banks keep records in that format???

 

several customers private details all mixed up in the same area :eek:

 

so much for data protection.

 

Keep at them and incidentally microfiche records are classed as a relevant filing system.

 

aa


I have no legal training and the advice I offer is a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

------------------------------------------------

Bank charge successes:

Halifax - Full settlement incl interest.

HSBC - Settlement, goodwill no admission of liability about 75% of claim.

RBS - Settlement, goodwill no admission of liability about 70% of claim.

2 ongoing claims for bank charges with HSBC with more to come. (Supreme Court ruling could have upset these claims) They did :mad:

PPI Successes

PPI 4 settlements on 9 loans. FOS involvement on 7 added on the 8 % Statutory interest another 30% to both.

2 claims settled in full with LV without FOS involvement.

2 claims settled in full with HSBC without FOS involvement

 

PPI Claims ongoing with:

Cap one Now with the FOS

Barclays. Paid up today 24/04/10 cheque received for over £4,500 and in the bank.

LTSB still have to decide on this as their SAR production was abysmal. Papers data mixed up documents missing etc

 

1 Complaint not upheld by FOS they said it was ICO issue. Complaint upheld by ICO. See this..

Post 290 from

***RBS PPI Claim Long fight but, WON***

 

Please do not PM me for advice as it may be sometime before I can respond.

 

Keep at them. Do not give way and do not accept all they tell you, they will delay and stall for as long as they can to prevent repaying you your mis-sold PPI.

 

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Thanks for your comments aa.

 

I hadn't considered forwarding their letter to the ICO but if you think that their reply/comments warrants reporting then I'll do so.

 

Will be interesting to see what they eventually send me under the guise of complying with my SAR request as I've had various accounts with the Halifax for 40 years.

They certainly have it in spades when it comes to rubbing people up the wrong way as all I have asked for is what I am legally entitled to ask for.

 

All my accounts are current,being paid and up to date albeit with a number of late charges.

 

Things are likely to change a tadge when I receive [or don't receive everything] in another 10 days or so!

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The 40 days have passed with nothing received so template letter from CAG Bank Library--LBA section 7 Data Protection Act-- sent.

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