No reply to SAR after 40 days? what happens next?

[Ryanrs 1]

I have sent a SAR to vodafone as they have unfairly issued me with a Default on my credit file and i wish to find evidence in my history records with vodafone to prove this default should not be there. They have cashed my check for £10 that i sent as payment for my information, about 3 weeks ago, but i still have no response from them.

 

I would just like to know what i have to do + what exactly happens if vodafone fail to send a response to my SAR letter after 40 days. Also, is it 40 days from receiving the letter (which i sent recorded) or is it 40 days from when they cashed my cheque?

 

thanx for the help

[ladybird17 136]

It's 40 days from receipt of letter. If no response, send the DPA non-compliance letter in the bank templates section.

[buzby 955]

It is also worth checking that they haven't simply credited the £10 to your account by mistake.

[Ryanrs 1]

Na i very much doubt they have credited it to my account, it has been closed since 2003 now and fully paid off too.

 

thanx

 

 

edit... i have just had a read thru the S.10 DPA letter, will i have to edit this letter at all to make it usable for sending to a phone company and not a bank? To be honest, i have read thru it a couple of times and it confuses the hell out of me! could someone shed some light on it for me?

 

if vodafone fail to reply to my SAR within the 40 days, then does this give me any great advantages to having my default removed ,should the matter goto court? i am hoping that they are taking there time as they have maybe lost some or all of my records, which should give me an advantage i would imagin?

[Ryanrs 1]

Bump? can anyone help on my last post?

 

-update, vodafone's 40 days is up on the 3rd of may, and still no reply to my SAR !

[Ryanrs 1]

Ok, so i have just recieved a letter from vodafone today (2may), it is dated from 30 April and says the following..

 

Dear Mr.Simmons

 

REQUEST FOR DATA ACCOUNT NUMBER XXXXXXX

 

Thank you for your letter of 22 March 2007. i am happy to provide you with the information that you have requested, but note that the address for the above account is different from that on your letter. I would be grateful if you could confirm the address on the account so that i might verify you as the account holder.

 

I look foward to hearing from you.

 

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

 

 

Now, this has clearly been sent knowing that if i reply , it will be over due the 40 day period. im wondering if they are trying to catch me out and thus allowing them all the time in the world to send my details.

 

The letter they posted to me was not sent recorded delivery etc etc, just a standard letter.

 

What shall i do now? could i just 'Pretend' i never got this letter and proceed with sending the S.10 Data Protection Act letter?

 

there is an address and phone number on the letter they sent me, but i am worried that if i phone them to give my address details, there is no proof of me doing so... If i send a letter, then they will not receive it till After the 41'st day, so then they would have no time limit to get my Data..

 

Help! thanx.

[buzby 955]

No, you're coming at it the wrong way. Forget the deadline and concentrate on getting the information. DID you have a different address as they suggested? If so they are perfectly within their rights to check, as they can fall foul of the ICO for not taking sue care in their disclosure. If you have moved, provide proof it is you at the new address and request that they submit the data required without further delay.

[Ryanrs 1]

ok, so shall i ring them or send a letter? can i set them a time limit for me to receive my data?? i am worried that if i say 'without further delay' , not being specific to any length of time, they could take as long as they want?!

[buzby 955]

If you HAVE moved, you'll need to send them a letter to provide them with the authority to prove who you are and release the information. You can set a time limit, but it will be of your own and not legally enforceable. If you feel that 'without further delay' is ambiguous, 'time is of the essence' means the same thing, and has the added menace of (possible) court action.

[Ryanrs 1]

Arrrg! sent off my letter confirming my address, over a week ago now. sent it 1st class direct to the person that requested my address details and still no reply or SAR data.

 

Its starting to feel like the initial 40days has been voided and therefore giving them unlimited time to reply! So, how much longer would you give them before sending off the S.10 DPA ??

[ladybird17 136]

you need to add on to the 40 days the time between the date of their letter to you and the day they received your letter - so if that was say, a week, you need to give them 47 days from original request. After all, they had your SAR otherwise they couldn't have replied asking for proof of address, so it's just that amount of time it took to exchange two last letters.

[buzby 955]

You need to get things in proportion. So they don't comply within the 40 days. IF they get around to it, you're receive the information. If they don;t, you complain top the ICO, who will ask them to supply the information to you. If the don't, they get a ticking off and told to be more responsive. Sure there are penalties for non compliance, but if only the ICO were as dynamic at issuing fines as the DVLA or tracking transgressors as TV Licencing, it's pointless getting your blood pressure up.