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ARGOS SAR Non-Compliance


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Hello caggers,

 

I am after some advice about an imminent ARGOS SAR statutory breach please. 

 

I have had an ongoing complaint with ARGOS since December 2019.  As I haven't received there final complaint response letter or there offer of a gesture of goodwill, I have now decided to escalate this to the next level (i.e. FoS).  In preperation for this, I contacted ARGOS Customer Service, via telephone, and verbally made an SAR request to them.  They were happy to take the request over the phone and subsequently provided me with a reference number for the SAR and a seperate reference number for my additional complaint. 

 

The SAR was made to the business on 10/05/2019. 

 

Having not received an acknowledgement letter from them, on 17/05/2019, I contacted them again to chase them.  I was advised by a Team Manager that it wasn't there procedure to take verbal SARs over the phone, and that It would not have been possible for me to have done this.  I advised the Team Manager that i had the exact time and date of the call that this happened, and additionally that i was given a reference number in relation to that SAR.  The Team Manager then said that she would look into this and come back to me via email. 

 

On 22/05/2019, I received an email back from the Team Manager, stating that they could not find any reference to my SAR request, but that she was going to open a new SAR request for me.  Clearly, she has contradicted herself, as has opened a new SAR based on our verbal discussion.  I have had a few dealings with ARGOS Customer Services before, when goods purchased have been damaged or delayed.  They have always been a shambles and I have never had any positive contact with them.  I have been waiting since December 2019, for compensation for a Christmas present that was damage in post.  They have been promising to send out gift vouchers as a gesture of goodwill, but these have never arrived!

 

So the original SAR was verbally made on 10/05/2019 and in my mind should be fully completed and disclosed by 10/06/2019. 

 

Questions for consideration:

1. Is the verbal request valid if i want to pursue an SAR non-compliance at County Court?  Under the old DPA 1998, i would always submit an SAR in writing.  But, with the GDPR, I know the rules of the game have changed, and you can now make a verbal request. 

2. I have emailed ARGOS on 17/05/2019 and advised them that in the event of non-compliance i would immediately submitting a claim via the County Court.  This went to the personal email address of the Team Manager I have been dealing with.  I have had no response from them.  With this in mind, do I still need to give them a Letter Before Action and allow them an additional 7 days, before submitting my claim, or just submit on 11/06/2019, the following day the SAR was due (i will submit via MCOL). 

3. I have submitted a few SAR non-compliance county court claims previously and always put down damages of £200 as standard. Shall i go for the same amount?  Any advice please?

 

Thank you in advance. 

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I believe that an SAR can be made verbally but you would need evidence if you going to bring a court action

 

Also I doubt very much whether Argos is regulated by the FOS or in fact regulated by anyone.

I know that you have previously sued a bank in respect of the breach of an SAR – but I can't imagine that Argos will be nearly as bothered about it as a bank. I would have thought that a more realistic claim would be about £25

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