Sent the sar what happens next -Help

[Had-enough]

I have been having trouble with welcome finance for years, recently I tried to get a settlement figure from them, but got 3 different figures! Although they weren't settlement figures, apparently it is now there policy not to accept offers anymore!

I sent the SAR as directed by a member, welcome have sent me back a complaint letter stating it could take up to 8 weeks to sort!

if anyone can help please, what do I do when the 40 days are up for the request of information?

thank u

[FlamingParrot]

Re: Sent the sar what happens next -Help

You could complain to them and then to the ICO for non-compliance, however, as they have written to you saying it could take up to 8 weeks, I'd probably give them the 8 weeks to comply before making a complaint, getting data can be a time-consuming business.

[Had-enough]

Re: Sent the sar what happens next -Help

Thank you, I just seem to be going round in circles, thought they would be pleased I wanted to settle up but true welcome style they will screw every bit of interest they can

[leclerc]

Re: Sent the sar what happens next -Help

You could complain to them and then to the ICO for non-compliance, however, as they have written to you saying it could take up to 8 weeks, I'd probably give them the 8 weeks to comply before making a complaint, getting data can be a time-consuming business.

They are treating the SAR as a complaint rather than a Subject Access Request. It's not a complaint and I would not wait 8 weeks which is 56 days which is over the 40 calender days. I would probably write back to them with their own reference number and state that the Data Protection Act 1998 gives you 40 calender days and you could calculate that from the date on the letter and state that non compliance will lead to a complaint to the ICO because of it.

[Had-enough]

Re: Sent the sar what happens next -Help

They are treating the SAR as a complaint rather than a Subject Access Request. It's not a complaint and I would not wait 8 weeks which is 56 days which is over the 40 calender days. I would probably write back to them with their own reference number and state that the Data Protection Act 1998 gives you 40 calender days and you could calculate that from the date on the letter and state that non compliance will lead to a complaint to the ICO because of it.

I did wonder, as others have put on sar 40 days to comply, thank you will write to them today

[ploddertom]

Re: Sent the sar what happens next -Help

if it were me I would give them the 40 days, remind them after 35 days and I wouldn't bother with the ICO if they don't comply. Submit an N1 in the County Court and make them squirm. Yes it does work as have done this successfully previously.

[leclerc]

Re: Sent the sar what happens next -Help

if it were me I would give them the 40 days, remind them after 35 days and I wouldn't bother with the ICO if they don't comply. Submit an N1 in the County Court and make them squirm. Yes it does work as have done this successfully previously.

Can I ask whether you claimed minimal damages or how did you penalise them for not complying with the SAR?(gotta say this is one part of my knowledge which is weak ).

[Had-enough]

Re: Sent the sar what happens next -Help

What is an N1? Gosh this is getting complicated

[leclerc]

Re: Sent the sar what happens next -Help

What is an N1? Gosh this is getting complicated

It's a court form for you to sue the bank in the civil court(you do not need a solicitor to do so).

[FlamingParrot]

Re: Sent the sar what happens next -Help

if it were me I would give them the 40 days, remind them after 35 days and I wouldn't bother with the ICO if they don't comply. Submit an N1 in the County Court and make them squirm. Yes it does work as have done this successfully previously.

Can you do this without waiting for the ICO? I complained to the ICO about a SAR I sent last December that was signed for but not replied to, the ICO wrote back to me saying I should get back to them if I didn't hear in 14 working days, this was 2 weeks ago.

Actually, I've got another outstanding SAR too, they responded asking for documents, etc., I replied but they didn't.

[ploddertom]

Re: Sent the sar what happens next -Help

Can I ask whether you claimed minimal damages or how did you penalise them for not complying with the SAR?(gotta say this is one part of my knowledge which is weak ).

I was more interested in the paperwork I knew that was witheld than the monetary issues. However as a non-money claim it did cost £150 to file, took a year and each time we had a hearing they had to send someone to appear (250 miles each way) and even employed Counsel for themselves but as they were so poorly defended it was a walkover. It took a year to sort but I took more comfort from the estimated £10k+ it cost them to defend.

[ploddertom]

Re: Sent the sar what happens next -Help

Can you do this without waiting for the ICO? I complained to the ICO about a SAR I sent last December that was signed for but not replied to, the ICO wrote back to me saying I should get back to them if I didn't hear in 14 working days, this was 2 weeks ago.

Actually, I've got another outstanding SAR too, they responded asking for documents, etc., I replied but they didn't.

You can do either but if you go the Court route you cannot then go to the ICO. I was lucky in the fact I knew exactly what I was looking for.

[ploddertom]

Re: Sent the sar what happens next -Help

The ICO has no real teeth and can only real tell them to get their house in order + I'm led to believe it takes them quite a while to sort things out.