SAR for my TESCO CARD

[Artie44]

I hope this thread is in the right place. I see from other threads that the response to a Subject Access Request is often poor. This is my experience. I would be grateful to know what to do next:

 

Request no. 1

 

"Tesco Personal Finance plc

PO Box 5747

Southend on Sea

SS1 9AJ

 

date:

 

Dear Sirs

 

Data Protection Act disclosure request

 

Re: Account no. xxxxxxxxxxxxxxx

 

Formal Request under the Data Protection Act 1984 and 1998, and including the Right of Subject Access.

 

I understand that you currently hold details of my personal / financial information within your internal record systems with regards to Account Numbers inclusive but not limited to: xxxxxxxxxxxxxxx

 

Please supply me with complete details of all data held by yourselves, in regards to myself within your organisation, including, but not limited to:

 

1. Full copies of all contracts that you believe exist or have existed between myself and your organisation, including true copies of any documents you hold in support of the same.

 

2. A complete list of all transactions or statements relating to ALL accounts held by me with your organisation.

 

3. Copies of all documents which include any of my personal information including copies of any contracts or invoices, emails or computer records containing my personal information, or any records which pertain to this information.

 

4. Full copies or transcripts of any computer logs or database records kept in relation to me or in relation to my personal / financial information.

 

5. Full copies of any and all correspondence in postal, email or any other format that you have entered into with any individual, organisation or third party which contains my personal / financial information, or which pertains to me.

 

6. Where any previous information or records held have been deleted or disposed of, the methods used to do so, including dates, certificates or references confirming details of destruction. Where you are unable to provide such certificates, please provide a declaration, signed by an authorised officer of your company, confirming the dates and methods of destruction of this data.

 

7. Full hard copy print outs of any of my personal / financial information held in a digital, magnetic or any other format which is held in any archives, backups or other storage devices / locations.

 

8. A copy of all telephone recordings are to be provided on a CD.

 

9. Full disclosure of all commissions or payments made or received by your organisation from / to any insurance provider.

 

Such submissions from yourselves, that the relevant data is now only held on Microfiche in date order and can only be provided at extra cost is unacceptable as it implies that such data is nonetheless retrievable.

 

I enclose the statutory maximum fee of £10.00 in the form of a Postal order made out to yourselves, to access ALL data held by your organisation about myself.

 

You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request could result in an investigation by the Information Commissioners Office. You have 40 days in which to comply.

 

If you are unable to deal with this request, you should immediately forward it to the person within your organisation responsible for Data Protection.

 

I look forward to hearing from you in the first instance by acknowledgement of this letter, and a full response within the above designated time scale.

 

Yours faithfully

 

 

Tesco reply 1

They sent copies of: statements, the CCA/application form, T&C's, my letters old and recent. There were no copies of: default, arrears or termination notices, some of my recent letters and Tescos replies, any correspondence with CRA's, manual interventions, transcripts of our telephone conversations.

 

 

 

So, I tried again

My request no. 2

 

Dear Sirs

 

Your ref: xxxxxxxx

 

Section 7 – Data Protection Act 1998

 

Re: Account no. xxxxxxxxxxxxxxx

 

A) I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated x xxx 2009.

 

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

 

The disclosure of personal data is incomplete in that at least the following documents are missing:

 

1) Full copies of all written correspondence between us.

2) Notes, or documents relating to any notices of default, arrears or termination.

3) Notes, or documents relating to instances of manual intervention. If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

4) A CD or full transcripts of all telephone conversations that have been recorded between your organisation and myself.

5) Notes or documents and any correspondence between yourselves and credit reference agencies.

 

This is not an exhaustive list, they are simply examples of some of the information I am missing and I refer you to my original request. I would remind you that your obligation under s.7 is to supply all data held by your company. Failure to respond to this second request in a fully comprehensive and satisfactory manner within the remaining time allowed, will result in the submission of a formal complaint to the Information Commissioners Office detailing your failure to comply with the Data Protection Act 1998.

 

If you contend that you do not hold any further data, then I require written confirmation of this, together with full details of your methods of erasure, disposal or destruction, signed by an authorised officer of your company.

 

You have a further 20 days to comply within the timescale allowed.

 

If you are unable to fulfil this request, you should immediately forward it to the person within your organisation responsible for Data Protection.

 

 

B) This is my formal complaint that your initial response failed to deal properly with my formal and detailed request, which has led to the necessity of sending this letter. You must be aware that under the provisions of the Act you are required to provide all data, however, whilst failing to do so, you replied:

“If telephone transcripts are required, please can you provide the dates that you require these for”. Also “..if you require any further documents, please advise and we will provide accordingly”. I am puzzled as to why you made such statements in view of your legal obligation under the Act.

 

I look forward to both your reply to my complaint, in addition to receiving a full response to my Data Protection Act request within the designated time scale.

 

 

Yours faithfully

 

Tesco's response with enclosures

 

 

Tesco's manual notes 1

 

Tesco's manual notes 2

 

 

soooo... please let me have your suggestions of how to proceed. Thank you

Edited March 21, 2010 by Artie44

[Artie44]

anyone please?

[Artie44]

anyone?

[cerberusalert]

It's true what they say about not being able to provide copies of a DN or a TN creditors very rarely keep copies of these. As for transcipts of your 'phone calls, these will be electronically recorded and unless you can give a date and time they would be practically impossible to find manually.

[Artie44]

That amazes me. I would have thought that keeping a copy of a default notice would be important for them to prove that they lawfully terminated the account. Nothing in the SAR response refers to a DN or TN at all.

 

Also as they keep data on me, don't they have a duty to keep records so that they can locate that data, which would include logging telephone conversations.