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Hello!
I've been a lurker here for a long time but this is the first time I've posted anything. I'm looking for some advice regarding Marks and Spencer (if you've already seen this on MSE I apologise!)
I sent a SAR to M&S in December with very little information to go by: all I could remember was the argument with the OH about the relative merits of the card. As I'd moved house, M&S had to confirm my identity and over the weekend I received their response to the SAR. It included:
1) Copy of application form: my details, my signature, the works - I'm impressed because it was such a long time ago.
2) Copy of rear of application form: shows M&S address and 1/4 of Terms and Conditions
3) List of abbreviations
4) Printed reports from M&S systems (CARDPAC) with various data
5) List of transactions (partial)
The SAR was very specific - it asked for all records, agreements, contracts, etc. between myself and M&S. It also asked for all details and correspondence between M&S and any third parties (such as insurance underwriters), the correspondence between M&S and myself, a list to transactions, and if the data has been deleted, confirmation of how, when and why it was deleted. To my mind, very little of this is included in their response.
My first question is how should I respond? It's clear that they have not complied with the SAR and it's clear that they have extensive records to hand. The reports from their internal systems reveal that the account is open and active and the credit limit is £5000. It also shows that I am in credit by 3p. It includes data on two missed payments - it even lists their dates and the amounts! It also tells me that the account was last maintained in Sept 2010 (which is news to me as the account was meant to have been closed). The amount of data is quite extensive and although it's not clearly explained, I can work out most of the information contained. There's even an insurance page that details how much my last premium was and when the insurance ended (4 years ago when I turned 65)
Please can somebody offer a little guidance? To my mind the pertinent issues are:
1) Where is the remainder of the information (such as the full T&Cs, the information sent by post to me after telling me how to cancel, etc)?
2) Why is no data available on a live account? Surely if the account has not been closed and remains active (I'm still eligible for the credit limit) then it should list the transactions etc.
3) How much more specific should I be in any follow up letter? Or is there somebody else to whom I should write to get information?
At the moment I'm still thinking about what's been sent and I've looked at the provisions set out by the FSA, etc. and it's clear that M&S are liable. I've also managed to speak to somebody at the BIBA (children were at university together) and they've said it's a clear enough case of mis-selling.
Thanks in advance :tinysmile_grin_t:
Thanks in advance.
I've been a lurker here for a long time but this is the first time I've posted anything. I'm looking for some advice regarding Marks and Spencer (if you've already seen this on MSE I apologise!)
I sent a SAR to M&S in December with very little information to go by: all I could remember was the argument with the OH about the relative merits of the card. As I'd moved house, M&S had to confirm my identity and over the weekend I received their response to the SAR. It included:
1) Copy of application form: my details, my signature, the works - I'm impressed because it was such a long time ago.
2) Copy of rear of application form: shows M&S address and 1/4 of Terms and Conditions
3) List of abbreviations
4) Printed reports from M&S systems (CARDPAC) with various data
5) List of transactions (partial)
The SAR was very specific - it asked for all records, agreements, contracts, etc. between myself and M&S. It also asked for all details and correspondence between M&S and any third parties (such as insurance underwriters), the correspondence between M&S and myself, a list to transactions, and if the data has been deleted, confirmation of how, when and why it was deleted. To my mind, very little of this is included in their response.
My first question is how should I respond? It's clear that they have not complied with the SAR and it's clear that they have extensive records to hand. The reports from their internal systems reveal that the account is open and active and the credit limit is £5000. It also shows that I am in credit by 3p. It includes data on two missed payments - it even lists their dates and the amounts! It also tells me that the account was last maintained in Sept 2010 (which is news to me as the account was meant to have been closed). The amount of data is quite extensive and although it's not clearly explained, I can work out most of the information contained. There's even an insurance page that details how much my last premium was and when the insurance ended (4 years ago when I turned 65)
Please can somebody offer a little guidance? To my mind the pertinent issues are:
1) Where is the remainder of the information (such as the full T&Cs, the information sent by post to me after telling me how to cancel, etc)?
2) Why is no data available on a live account? Surely if the account has not been closed and remains active (I'm still eligible for the credit limit) then it should list the transactions etc.
3) How much more specific should I be in any follow up letter? Or is there somebody else to whom I should write to get information?
At the moment I'm still thinking about what's been sent and I've looked at the provisions set out by the FSA, etc. and it's clear that M&S are liable. I've also managed to speak to somebody at the BIBA (children were at university together) and they've said it's a clear enough case of mis-selling.
Thanks in advance :tinysmile_grin_t:
Thanks in advance.
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