SKY cancelled contract dispute - won't send me the full recorded phone call

[oh.for.a.lottery.win]

Could someone advise me please.

 

My contract had finished early 2021. I'd called in December to cancel the services from Sky as I was moving to a new provider for all of my services due to Sky being so expensive.

 

The person promptly attempted to sell me further products which I refused.

 

I returned all of the Sky equipment including the modem, Q box, mini bank x, cables and controls.

 

I then found in February Sky set up a new direct debit removing £56
per month without my knowledge. 

 

I have requested a refund of all money removed from my account but they are refusing.

 

I set up a dispute through CEDR. SKY sent me the first recording from early December with a female attempting to sell me products.

 

I realised this was not the recording in question as I'd spoken to a male advisor closer to Christmas who also attempted to sell products but went on to advise me I'd have a final reduced bill the following month.

 

I requested this recording but was sent and edited version, six minutes short when compared to the entry on my phone bill.

 

When I'd requested the full recording on several occasions the person emailing from SKY said they'd listened to the recording, there was only the hold time not included.

 

I pointed out the recording sent for the call with the female member of staff included over five minutes hold time.

 

In the mean time,  the CEDR adjudicator has decided to reject my dispute.

 

How should I proceed for the full unedited recording please?

[BankFodder]

Start off by sending an SAR.

In terms of the direct debit which was set up apparently without your knowledge, contact your bank and invoke the direct debit guarantee.

However be ready for retaliatory action from Sky once they realise that they aren't getting their money

[oh.for.a.lottery.win]

Thank you BankFodder. I had cancelled the direct debit. I'll prepare a SAR to send.

 

[BankFodder]

Cancelling the direct debit is not at all the same as invoking the direct debit guarantee.

If the direct debit has been set up without your authority or if it has been wrongly applied then the bank is obliged to refund you all your money.

[oh.for.a.lottery.win]

I'd sent the SARS through the complaint page, possibly I should follow this up by sending a hard copy?

 

I've received the following email. Bearing in mind, a hold time of 5 mins were included in the first irrelevant recording whereas 6 mins were edited out of the second and conversation of importance.

 

Thank you for your recent email regarding your Subject Access Request.

 

I would like to advise that we have issued the call recordings for 08th and 22nd December 2021 that you requested in line with the GDRP policy.

 

Regarding your request to receive the full unedited recording on 22nd December 2021, I must advise that you have been provided with your recording in it’s entirety. As previously advised only hold times were not provided. Therefore, no further action will be taken in this regard.

 

I would also like to advise that we have received your further call recording request and this will be provided to you on or around 17 May 2022.

 

For more information about your personal data and how it is handled by Sky (including the purposes of processing, the categories of personal data we process and the recipients or categories of recipients that we may disclose your data to), please visit our Privacy & Cookies Notice:

 

However, you have the right to make a complaint to the data protection supervisory authority. In the UK, this is the Information Commissioner’s Office. In the Republic of Ireland, this is the Data Protection Commission.

 

Please get back in touch if you require further assistance.

 

Kind regards,

 

Customer Data Request Team

Sky UK Limited

 

 

[oh.for.a.lottery.win]

19 minutes ago, oh.for.a.lottery.win said:

 

 

 

 

Edited April 26 by oh.for.a.lottery.win

[BankFodder]

Quote

Dear Sir/Mdm

You say that there is five minutes hold time as part of the recording and this has not been included.

I should tell you now that I have evidence to prove quite conclusively – to the information Commissioner if necessary – that six minutes is missing from the recording you have sent to me.

Clearly you have redacted the recording in order to exclude a portion of the conversation which is prejudicial to you.

The fact that you are withholding this data puts you in breach of the data protection act.

I'm giving you another opportunity to provide me with the whole recording – including all the hold time, failing which I shall make a complaint to the information Commissioner and also take action against you for breach of your statutory obligations under the data protection act.

Yours faithfully

 

 

[oh.for.a.lottery.win]

Thank you so much BankFodder, that is a very impressive reply.

[oh.for.a.lottery.win]

I've received a response. It would seem they will not comply.

I am writing to you in relation to your recent communications, I am sorry that we have been unable to resolve this matter to your satisfaction.

 

May I advise that I have carried out a thorough investigation and listened to both call recordings. Regarding the call on 08 December 2021, I can confirm that there were no hold times on this call recording, therefore, this call was not redacted.

 

Regarding the call on 22 December 2021, I can only reiterate that the hold time was removed from this call as this was not data relating to yourself.

 

I am sorry if this is not the response you were hoping for, However, I do hope I have clarified matters.

 

In conclusion I am satisfied that we have carried out the appropriate actions and have taken the necessary steps to assist you with the matters you have raised.

 

In relation to this matter we will not enter into further communications as we are now at an impasse.

 

If you remain unhappy with our position, please visit the Information Commissioner’s Office website for further information on how to proceed with your complaint.

 

Kind regards,

 

Customer Data Request Team

Sky UK Limited

 

I have sent the following email having checked the first recording again.

 

Dear Sir/Madam,

 

You clearly have not listened to the call recording 8th of December. Your colleague advised at 7.07 minutes, she would put me on hold. The conversation did not resume until 12.35 minutes.

 

I'm giving you yet another opportunity to provide me with the whole recording from the 22nd of December – including all the hold time, failing which I shall make a complaint to the information Commissioner and also take action against you for breach of your statutory obligations under the data protection act.