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M&S SAR

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  • M&S SAR

    Afternoon all

    After a little bit of advice or guidance on this one. Not remembering very much at all about the accounts, the OH submitted a SAR to M&S in February. The only thing included was the account numbers. Eventually M&S replied that they had nothing (it's for accounts closed in 2000).

    Anyway, the OH sent a rather wonderfully crafted letter back explaining in detail how M&S had failed to comply with each individual aspect of the SAR, the case law and statutes in support of our position and the relevant parts from the DPA (1998).

    Eventually, M&S supplied some printouts from their internal systems which include the OH personal information and a typed reconstituted copy of the application form/agreement for the Personal Reserve account. M&S did not supply anything for the Budgetcard.

    I appreciate that the reconstituted agreement is allowed but there is an issue. The agreement/application contains the OH name, address and date of birth. The following has been left blank: Mother's Maiden Name; Home Telephone Number; Work Telephone Number; Occupation; Bank Account Number; Sort Code; Marital Status. On the printouts from the internal systems, however, M&S has ALL of this information - the thing that caught our eye was the OH work number; it's an old Cellnet mobile that was 01585****** (before mobiles all started 07) and the sort code of the bank account. They would not have had any of this information unless the OH had given it to them.

    The PPI box on the application is also empty. We don't have anyway of verifying if this was truly the case as I know it appears on a different part of the M&S system because of my own SAR a couple of months ago.

    I'd appreciate some guidance on the next step here. Should I:
    a) contact them and say "you have the information but couldn't be bothered copying it accurately on to the reconstituted agreement"?
    b) contact them, say the above and ask where the application form/agreement for the Budgetcard is?
    c) say to hell with it, contact the Information Commissioner and file a complaint?
    d) submit a PPI claim on both accounts and, if they say that PPI didn't exist on either because they've checked the accounts, challenge them on the grounds that they were supposed to send me all the information?

    Any advice welcome on this. Will also post updates later on the GAP insurance/Motorpoint complaint and a successful MBNA complaint.
    Tags: None

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