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Date compliance for DSAR

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  • Date compliance for DSAR

    Hiya All

    I sent a DSAR to my bank on the 4th October 2010 it was signed for at 06:10 on the 5th October 2010.

    Can someone confirm please the date that they have to comply by just im not sure if weekends are included.

    Thanks
    If you think nobody cares if you're alive, try missing a couple of payments.

    sigpic

    Tags: None

  • #2
    Re: Date compliance for DSAR

    Assuming a DSAR is the same as an SAR it is 40 days, not 40 working days. So by reckoning they have until Saturday 13th November to respond.

    David

    Comment


    • #3
      Re: Date compliance for DSAR

      Thanks Casper yes the same D = Data.

      Thanks for the confirmation they are cutting it fine then considering they have not cashed the chq yet.
      If you think nobody cares if you're alive, try missing a couple of payments.

      sigpic

      Comment


      • #4
        Re: Date compliance for DSAR

        Hi PF

        http://www.ico.gov.uk/upload/documen...nformation.pdf

        40 calendar days..... they are cutting it fine ;?)

        Crispy
        ------------------------------- merged -------------------------------
        It starts from the time when they 'receive' the fee. I guess you could be picky about the definition of 'receive' i.e. does that mean from the date a cheque is cleared?
        Last edited by Crispybacon; 4th November 2010, 20:51:PM. Reason: Automerged Doublepost

        Comment


        • #5
          Re: Date compliance for DSAR

          It starts from the time when they 'receive' the fee. I guess you could be picky about the definition of 'receive' i.e. does that mean from the date a cheque is cleared?


          Indeed that is what I was wondering, think ill give the bank a call in the morning as it appears they are stalling again.

          This SAR relates to my PPI claim that has been ongoing for 2 years now.
          If you think nobody cares if you're alive, try missing a couple of payments.

          sigpic

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          • #6
            Re: Date compliance for DSAR

            Originally posted by pompeyfaith View Post
            Indeed that is what I was wondering, think ill give the bank a call in the morning as it appears they are stalling again.

            This SAR relates to my PPI claim that has been ongoing for 2 years now.
            [/color][/left]
            Bar Stewards.

            They really pull out all the tricks they can don't they. But use the same tactics against them and you're 'using loopholes'.

            I'll say it again - bar stewards

            Comment


            • #7
              Re: Date compliance for DSAR

              It can also be restarted by requesting ID. My council just played that one on me after 20+ elapsed days. Got them to sign saying they had everything necessary now and would comply within 40 calendar days - they did without arguing much to my surprise.

              Comment


              • #8
                Re: Date compliance for DSAR

                Ill link the PPI thread this relates to here for ease of reference.

                http://www.legalbeagles.info/forums/...ad.php?t=23731

                Please bear in mind this complaint started OTR and has been ongoing since July 2007
                ------------------------------- merged -------------------------------
                Well they would have a hard job pulling that one as the FOS are also involved with this.
                ------------------------------- merged -------------------------------
                Casper beautiful Lab you have there, My collie in my avatar had her quarterly grooming today and also looks beautiful we really are privileged to have such animals as pets.
                Last edited by pompeyfaith; 4th November 2010, 21:34:PM. Reason: Automerged Doublepost
                If you think nobody cares if you're alive, try missing a couple of payments.

                sigpic

                Comment


                • #9
                  Re: Date compliance for DSAR

                  Ok here is the letter I'm emailing to the FOS:

                  Mr Richard Slater
                  Team Manager
                  Financial Ombudsman Service
                  South Quay Plaza
                  183 Marsh Wall
                  London
                  E14 9SR 5th November 2010

                  Complaint about “The Co-operative Bank PLC”





                  Dear Mr Slater,

                  We write with regards to our last communication and your subsequent reply regarding the Subject Access Request which we sent to “The Co-operative Bank PLC on the 4th October 2010 and the Bank Signed for on the 5th October 2010 at 06:10 hrs by a Mr or Mrs Hardwick.

                  This Request as you know has 40 days under the DPA 1998 for them to comply with my lawful request it is now the 5th November 2010 and I have heard nothing from them and there time runs out in one week.

                  You may say or be thinking well they have a week left, but the point is they have had the FEE CHQ for a month now and they have not even cashed it yet through my wife’s building society account so indeed they are cutting it very fine.

                  I have not even had a letter stating that the request is being dealt with and indeed in your letter to me you said and I quote “I am also aware that Marc Davis at the Co-op is dealing with your Subject Access Request this week, so you will be in possession of all the documentation you require very shortly” you also said to me in an email “the sooner you are able to provide us with my response the sooner you are able to resolve this matter.

                  Well I apologise but as you can see it is out of my hands and again not me using delaying tactics.

                  Indeed again they have left me wondering why it is taking them so long to supply the data lawfully requested.

                  I must inform you that I have now had enough and if the data is not supplied by Monday week I will be filling at court for disclosure of said data.

                  I’m sure you will now agree that over a month and they have not even presented the CHQ to my wife’s account is not good enough given the now seriousness of this complaint.

                  I appreciated this SAR is a matter for the ICO but given that the FOS is now dealing with this complaint and that it has so far taken over 2 years and that any complaint to the ICO will take at least a year to be looked at I feel that you should be informed and if they do not comply my only option is through the courts to get them to comply.

                  I hope you can now see the delaying methods they are using which has been ongoing throughout this complaint and causing me considerable unjustified distress.

                  Yours Sincerely
                  If you think nobody cares if you're alive, try missing a couple of payments.

                  sigpic

                  Comment


                  • #10
                    Re: Date compliance for DSAR

                    PF--you said they had cashed cheque earlier-- you really should have kept this discussion in the main thread so me & Bill advise you! (thats if its the same Co-Op one)--gets disjointed if you spread posts about

                    Comment


                    • #11
                      Re: Date compliance for DSAR

                      Turbo,

                      Nooo not cashed the Chq, Sorry but i only wanted to get confirmation of the date to comply.

                      Anyway I'm now in wondering mode as to why the delay and back to thinking they are hiding something.

                      As regards to me saying 15 payments on the first loan and them saying 14 is now leading me to believe they do have all the data for this loan.

                      What you think?
                      ------------------------------- merged -------------------------------
                      Oh and richard Slater at the FOS has left as i emailed the above letter and it was bounced back with a message that he has left and that i should forward all email to casework.

                      I sent it to the adjudicator instead
                      ------------------------------- merged -------------------------------
                      Message I got





                      Thank you for getting in touch with the Financial Ombudsman Service. The person you are trying to contact no longer works at the ombudsman service, but, if you have an enquiry you'd like us to look into, please contact us at the following address:
                      casework.response@financial-ombudsman.org.uk
                      Please do not reply to this message, this is an automatic response to the message:


                      Any incoming messages to this address are not read or acted upon.
                      Last edited by pompeyfaith; 5th November 2010, 21:09:PM. Reason: Automerged Doublepost
                      If you think nobody cares if you're alive, try missing a couple of payments.

                      sigpic

                      Comment

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