DSAR help

[Pucinelli]

Hello there,

I requested a DSAR from Yopa following their own investigation into their poor service, I raised a complaint with the Property Ombudsman, however, Yopa are claiming they sent the DSAR and won't resend it at our request. Although I was completely aware that I hadn't received the DSAR I've done a full email sweep of my work and home emails and nothing comes up. I have asked them for the dates and times sent and proof of sending but again they've refused.

They have now said that they will start proceedings if we don't pay the full balance within seven days, how can I get them to hand over the proof I require short of raising a complaint with the information commissioners Office which will take longer than seven days to action this?

[echat11]

Contact your email service provider, get them to search for it.
Ask them to confirm in writing that no emails has been sent to you by Yopa between the request date to the present date. Then write to Yopa, tell them you have Third Party confirmation from your email service provider that no emails have been sent by them (Yopa), send a copy of the written confirmation from your email service provider. If they start proceedings, you will tell the Court that you requested information, but Yopa refused to supply the requested information. This breaches the Data Protection Act 2018.

[Pucinelli]

Contact your email service provider, get them to search for it.
Ask them to confirm in writing that no emails has been sent to you by Yopa between the request date to the present date. Then write to Yopa, tell them you have Third Party confirmation from your email service provider that no emails have been sent by them (Yopa), send a copy of the written confirmation from your email service provider. If they start proceedings, you will tell the Court that you requested information, but Yopa refused to supply the requested information. This breaches the Data Protection Act 2018.

Thanks very much echat your help is very much valued and appreciated. What about the email exchanges I've had with Yopa, wont they muddy the waters somewhat with it being lost in a sea of other emails?

[echat11]

Thanks very much echat your help is very much valued and appreciated. What about the email exchanges I've had with Yopa, wont they muddy the waters somewhat with it being lost in a sea of other emails?

No, 'the long and short of it' is that you made a DSAR request for information, they have failed to comply with your request. Everything else in between is irrelevant.

[Pucinelli]

No, 'the long and short if it' is that you made a DSAR request for information, they have failed to comply with your request. Everything else in between is irrelevant.

Thanks echat, you are an absolute STAR*

Thanks for contacting us. Case ID: 1024XXXXXXX Hi Emily, Glad we were able to assist you. Your Advisor has a follow-up message for you: There’s no DSAR report in the mail application. If you still need help with this issue, contact Apple Support to reopen this case. Thanks, Apple Support Support is always here for you. However you need it. Apple Support app Get help for all of your Apple products in one place, or connect with an expert. Download Apple Support Apple Support Community Find answers, ask questions and connect with other Apple users. Ask or search now

[echat11]

That's good, they responded quickly.

So, they can 'say this, say that', but they can't argue with the facts, 'There is no DSAR'. Write to them as suggested, provide the evidence the email in post 5, see what they have to say.

[Pucinelli]

That's good, they responded quickly.

So, they can 'say this, say that', but they can't argue with the facts, 'There is no DSAR'. Write to them as suggested, provide the evidence the email in post 5, see what they have to say.

Will do echat, they can't argue but they'll try and twist the facts. I also have a video of a telephone conversation were the lady I'm talking to from Yopa checks my file and tells me that the DSAR wasn't sent, yet when I raised this with the privacy team yesterday they came back with utter nonsense saying it was sent on the 24th July and, following my complaints that they had hadn't acknowledged my request for the DSAR, the person dealing with the original investigation called me on the 29 July to say she had emailed me to inform me it had been passed to their privacy team "take a look in your junk box" That email was found but privacy are now inferring that that was the DSAR. They really are a bunch of snake oil salesmen.

[PallasAthena]

Even if they can prove they sent the DSAR information that doesn't entitle them to refuse to re-send the email.

They would have to rely on the exemption that your request to re-send the information was a "manifestly unfounded and excessive request". It's obvious (to me anyway) that when all you are asking for is for an email they claim they have already sent once to be re-sent, no extra information gathering needed, it could not possibly meet the "manifestly unfounded and excessive request" test that would be necessary to justify their refusal.

Manifestly unfounded and excessive requests | ICO