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Advice re: subject data request


blt
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Can someone clear up a question for me? Capital One received my subject access request on 8th May. They didn't cash the cheque til over a week later and then wrote me a letter a few days ater that saying that they will forward the details on to me as soon as they have them (18th May). Do I start counting the 40 days from the date they received the letter or from when they cashed the cheque?

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Sorry to disagree - the 40 days starts from the date they received the money. However, if you have proof of the delivery date (e.g. recorded delivery) then the bank can be seen to be prevaricating...this might not change the timeframe, but shows them up to be doing whatever they can to avoid their responsibilities...

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Capital One received my subject access request on 8th May.

 

Going by the above statement from blt, I assumed that the request was sent by recorded delivery, thereby showing receipt of the money.

 

If I am wrong, then I apologise and I agree with spiceskull as the only way that you can be sure that they have received the letter is by the cashing of the cheque.

 

Sproggi

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I posted the letter by recorded delivery and printed out the confirmation of when it was delivered and from which sorting office from the Royal Mail website. Hopefully I should receive them soon, I did get a letter from someone in the legal dept saying that they would forward them on to me as soon as she had them.

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I sent my DPA letter to CAp 1 on the 10th of may and received the data today

so I would guess that yours is due this week.

Times do seem to be getting longer, due no doubt to the sheer volume of mail that the banks are getting these days. No doubt they will claim that its our own fault for bombarding them with claims.

 

J

You may think that but . . ......

____________________________________

Total repaid to date £1947.58

 

Lloyds Currrent a/c £745.27

Moneyclaim filed 17th June

Defence and AQ 25th July. Case struck out 11 Aug

reinstated and hearing 15th Jan 2007

 

Lloyds loan a/c D A request expired 19th June

Proceedings under S7 Data Protection Act issued 29th June defence and counterclaim 27 July

Hearing Jan 3 2007

Listed final hearing April 2007-

Judge declared an interest and disqualified himself

new date to be set

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