@npowerhelp NPOWER - Complain, OFGEN or other route

[Eversir]

Stalling, most probably. But there is a clause in the Data Protection Act 1998 which allows a data controller to request more infromation to satisfy them as to the identity of the person requesting the information:

 

3) Where a data controller—

 

(a) reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and

 

(b) has informed him of that requirement,

 

the data controller is not obliged to comply with the request unless he is supplied with that further information.

 

If you've not moved address, the account is soley in your name and you were able to quote your account number in your SAR to them - it probably would be a little unreasonable to request two forms of ID. They didn't ask for any ID in our situation. The form wasn't necessary either.

 

Ignore the listing of the dates and times. You are entitled to everything they have regarding you and your account. Perhaps best to supply them with copies of ID so they don't have an excuse not to comply with the SAR.

 

Wouldn't bother with the form but would make clear you want all the information they have about you. Think the only reason they use those forms is to get people to "agree" that Npower only needs to provide the bare minimum, as per this in bold:

 

8) Provisions supplementary to section 7.

 

(2)The obligation imposed by section 7(1)©(i) must be complied with by supplying the data subject with a copy of the information in permanent form unless—

 

(a)the supply of such a copy is not possible or would involve disproportionate effort, or

 

(b)the data subject agrees otherwise;

[BankFodder]

Yes, I agree completely. This is stalling.

 

If there is nothing changing your personal details and they have been sending bills previously exactly to that address then there is no reason for them to ask any further identification.

 

In terms of asking exactly what you want – exactly as you've been told above, you are entitled to all personal data.

 

In order to hurry it along, I suggest that you provided with some kind of ID like current energy bill. But after that, I suggest that you tell them that the clock is ticking. The 40 days has already started to run its course. That your details are exactly the same as when they had your account and they were mismanaging it and therefore you consider that they are just prevaricating.

 

Finally point out that your subject access request is asking for all personal data and that they are not entitled to ask that question.

 

Tell them if they do not satisfy your 40 day deadline then you will be making a complaint.

 

Get the letter off now.

[L1882]

Cheers guys, I thought as much. I'm not near the PC until this afternoon but will type up a letter as suggested and copy some ID for the sake of not giving them any excuses (I'm at the same address, was the sole account holder and they continue to send bills erc here!).

 

Each passing day BF proves what you warned me at the start, it is clear only court action will move these people.

[L1882]

Today's post brings yet more good tidings from our friends at npower - it seems I must act now to avoid court action. Seemingly this will bring with it all sorts of dire consequences. Then again it is only 'likely' that they will try to recover the balance via the courts, according to Mr Pickles. I also note the letter doesn't state letter before action - I thought surely it must if they actually plan to issue.

 

 

With a bit of luck they'll issue proceedings and save me the trouble and cost.

[batman1956]

Gareth Pickles and npower parted company on or around 16/03/2015 so if the letter has his signature he definately did not sign it if it is dated later than that.

[L1882]

Dated 23/04/2015 and signed by Gareth Pickles

[Eversir]

Is there any hard evidence to show Mr Pickles is no longer with Npower?

 

His LinkedIn shows he is still working there, although it is entirely possible he has not updated it.

 

Edit:

 

As per batman1956's post below (thank you!):

[batman1956]

This is an extract from a thread on npowers' official Facebook page.....................npower Hi Carol, Gareth Pickles used to head up our Customer Services area but no longer works for npower. Myself and the team are here to help if you can send over your account details in a private message. Carmel

[L1882]

Well there or not his name is on the letter. I've emailed to add to my complaint but in reality I've emailed to add to the evidence I will be presenting as part of my case.

 

 

Now writing the letter about the SAR which I will post recorded delivery on Monday - I'll post it when finished for peoples opinion, corrections and suggestions to add impact

[L1882]

Ok, so this is my suggested response to their SAR letter, thoughts and suggestions for improvement anybody?

 

 

FAO: SAR Team

3rd Floor Bowes

CIC Team

Npower

PO Box 188

Houghton Le Spring

DH4 9DB

Dear Ms Barton

Re: Your letter dated 23/04/2015 regarding account number

I was somewhat surprised to receive this follow up to my SAR request some 3 weeks after you received my request and payment of the statutory £10.00 fee.

As you will undoubtedly be aware from looking at my account, my details have not changed. The address is the same as the one the mismanaged account related to and you have been quite happy to send bills and reminders to me at this address without any identity verification. Your letter feels very much like little more than prevarication. Nonetheless I have included a copy of my driving licence and recent council tax bill as absolute proof of my identity to ensure the process is not unduly delayed.

As I am sure you are aware the legislation is quite clear, you have 40 days to comply from receipt of my valid SAR with payment. The clock started on those 40 days when you received my request. I will be reporting any failure to meet the 40 day deadline to the information commissioners office.

On a final note my request was clear, I require ALL personal data including, but not limited to, any recordings of calls, screen notes, account notes, bills and statements. You are not entitled to require me to specify which data I require.

I look forward to receiving the requested data by the deadline date. For the avoidance of doubt I calculate this date to be 11/05/2015.

Edited April 25, 2015 by L1882
remove account number - oops

[BankFodder]

Did you pay by cheque? and has it been cashed? - when?

[L1882]

No it was a postal order - however they have confirmed they received payment in the letter they sent

[BankFodder]

Please can you check with the post office the date that the order was cashed.

[L1882]

Can you do that?

 

I bought and sent a couple at the same time I think.

 

I sent the letter recorded so can prove (in theory at least) delivery date.

[BankFodder]

We need the encashment date because if they had any doubts then they should not have cashed them.

Please get the date

[L1882]

Ok I'll try and get that - I will have to find the post office receipt for the PO's (wish I'd sent a cheque now, so much easier!) and then ask for the encashment date as I didn't record the numbers sent with each request - didn't even realise you could check when they had been cashed.

[BankFodder]

I never understand why people send POs rather than cheques.

 

I also don't understand why people don't keep PO stubs when it is so obvious that if something goes wrong then they have no comeback without them

[dx100uk]

http://www.google.co.uk/cse?cx=partner-pub-0964707606882478:652l7hswbgv&ie=UTF-8&q=check+postal+order&sa=Search+CAG#gsc.tab=0&gsc.q=check%20postal%20order&gsc.page=1

[L1882]

Fortunately I do keep the stubs - and have realised I have this one to hand as it was bought individually.

[BankFodder]

That's good news. Let's find out the date it was cashed. It might help a lot

[L1882]

Been to the post office - PO has not yet been cashed! I'm guessing this means they are, to an extent, in the clear?

[batman1956]

Not really. They have, by asking for your identity admitted receipt of the request.

It is up to them if they accept the payment.

Hopefully Bank Fodder will confirm this.

[L1882]

In the end I see this as the long game anyway. The longer they mess about the more threatograms I get then the more weight they add to my case when it's brought for the enduring stress and worry they are causing me.

[L1882]

So developments today. I received a call advising me my complaint was being looked at and I should hear back quickly - maybe today but certainly in next 2 weeks. Now received an email which basically saying that as a result of problems at their end the bill was late and qualifies for a write off but this needs authorising and will be confirmed.

 

IF they do refund do I still have good grounds for a case as a result of the distress and inconvenience caused - or would the courts likely view that in a dim light?

[Eversir]

I'd hang fire a bit and see what their SAR reveals. But from what you've said so far, they've badly mismanaged your account which is still a breach of contract.

 

Even if they do "write the bill off" - who's to say the bill was valid and accurate in the first place? Experience has shown they don't have a bloody clue at the best of times.