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Non Compliance Of S.a.r.


alisonmcmorrin
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HELP!

I sent my SAR to Egg on 26th March 2997, they sent me back a letter stating they require ID. This has been sent and acknowledged.

They have still not sent me my statements so am sending a non-compliance letter today.

 

I read on other threads that some people are 'estimating' charges and sending a prelim with an estimate. Should I do this, or go through court proceedings (which I really don't want to do at this stage).

 

Anyone any ideas what I can do now?

 

Thanks :mad:

RBS

13/10 - Prelim sent, 19/10 - Sod Off letter recvd, 27/10 - partial offer received, 27/10 - rejection letter sent, 3/11 - SETTLED IN FULL

Cheltenham & Gloucester (ERC's)

21/11 - Prelim sent, 26/11 - sod off letter recved, 2/12 - LBA sent, 10/12 SETTLED IN FULL!!

 

 

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How long did they take to request the ID?

 

They took 3 weeks to do that with me, I told them the 40 days stood regardless from the day after receipt of my request (as any reasonable judge would consider 3 weeks an unnaceptable time frame in which to ask for ID!)

 

I'd really try go get the catual data rather than an estimate, only use this once they have taken over say, 60 days (at which point you could issue a non compliance in court for the SAR as you have given them every opportunity)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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No way estimate your charges.

You will not have a leg to stand on in court. Egg will know this and will dare you to go to court.

 

Statements WILL come. But see in V-E Day Thread the wide variation of time required for resolution, depending on different techniques.

 

 

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  • 3 weeks later...

Egg delayed my S.A.R - (Subject Access Request) for ages. After the first 40 days I sent them a warning then they sent me a letter requesting some form of I.D. I sent this then had it returned three weeks later with a letter saying they would now send my information within 40 days. They didn't and I sent them the following:

 

Data Request Team

Point North

Brierley Hill

DY5 1LU

 

Your Ref: XXXXXXXX/XXXX/Box XX

Dear Ms Wiseman,

 

I have written to your organisation on three occasions commencing on 1st February to request a fully comprehensive list of all the default charges I have paid over the last six years.

 

Three months later I am still waiting for this information. Quite frankly I am shocked and disgusted at your blatant disregard for the law concerning the Data Protection Act and I demand that you send the information immediately. Should I not receive this information within seven days from the date of this letter I shall not hesitate to present my case to the Information Commissioner.

 

Yours sincerely,

XXXXXXXXX

 

 

I recieved a very comprehensive bundle of information on saturday - a disgraceful 117 days from the original request. Still, it's here now and I quickly totted up over £300 in charges which I shall request back this week.

 

I think patience is the key, though I will not be so patient for the next stages of the claim.

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  • 1 month later...

Hi

 

I am having similar probs to what you went through with Egg. I first requested my data in April. I have sent my cheque which they returned once. I sent it back but they have not cashed it yet. However, I cannot get a response from them about what ID I need to send. I would be really grateful if you could let me know what sort of ID they requested from you.

 

Many thanks

B.

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Hi,

 

in my case they adsked for a credit card bill

 

Bear in mind though, that if yo are asking for the data to be sent to the adress your Egg bills go to, they are being unreasonable

 

Accordingly, send them the I.D but then complain to the ICO for the length of time taken (as the 40 days begins when they receive your formal request, not when you send the ID back

 

Also, if it goes on to long, consider court action

  • Haha 1

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Bellacat, I believe Egg wants a photocopy of passport or drivers licence, plus one (or two?) utility bill originals showing your name at your address (returned). Uniquely among credit cards, Egg does not post monthly statements. With all communications via secure email, an Egg customer could have moved address 5 years ago and Egg would be none the wiser, so the ID check arguably protects the cardholder as much as Egg.

 

The full option involves a stack of paper an inch thick including numerous screen prints taken individually by hand. The statements contain the flucutating monthly interest rate, so this option would be preferable if you intend to reclaim compound interest accrued on unlawful charges. The £5 option returns just a list of charges levied, and most likely come back much faster. Once you have the statements the rest will be easy, with winners in recent months not even bothering with legal forms, full repayment within a week or two, provided you follow the proven steps, see V-E Day index of winners.

  • Haha 1

 

 

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Or you could try sending them an email through their secure messaging service....i just copied and paste my SAR request and told them to take £10...they hardly need id confirmation this way...try, may work for you as well!

 

Andy

  • Haha 1
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Thank you to everyone who responded to my email.

 

I tried sending them another secure message - first of all I had a really unhelpful email that did not answer my question. Then I received an egg research survey that asked me how well my query was answered..I obviously ticked all the 'poor' boxes. I then received another email from a different person, apologising for their colleagues response and told me the date that my data request had begun and that I did not need to provide any further ID.

 

Fingers crossed this time!!

 

thanks again

B.

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FWIW if the statements dont turn up after 40 days send them an lba and give them a further seven days then file at court.

 

If they dont ask for Id promptly then they cannot rely on the lack of ID as a reason for holdingup your id. If you are a current cleint then i suggest that when you send the SAR you support it with a request via their secure system as validation.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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