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conchy_joe

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  1. Just an update. EDF finally sent a disc with the missing calls although they just missed the deadline. My next task is to collate all of the data, and together with the summary of the whole thing send it off to the Ombudsman and register a complaint. Finally, with regards to my being registered with CAG since 2006, and that I should know my way around by now. In those early days I was solely dealing with Bank charges and PIP, and then again later only when Plevin appeared. Thanks for you help.
  2. To be perfectly honest I thought that issuing the second SAR would alert them to the fact that they had not completed the first. Also they have now sent one incomplete disclosure and have compounded that with missing the statutory one month deadline on the second Wouldn't the claim letter that I have posted be enough, given EDF's track record to date.
  3. Although I didn't write specifically about the missing calls, I assumed that my second SAR, which apart from detailing the calls also stated that they came from my mobile, would have pointed to the fact that the first SAR was incomplete.
  4. This why the five missing phone calls are so important, On the fifth call which lasted 44m 19s I specifically pointed out that there were no details of these calls. I went back and forth with the agent regarding the first call..12 May, I made a point of asking if there was any record of this call, finally I asked straight out are you saying that you have no knowledge of this call...she said no. This first call shows me explaining that the £435 had been paid and that would be going to cash/cheque quarterly, they agreed and yet continued to send monthly bills etc.
  5. The dodgy spelling is down to rushing, but thanks. On 7 October I sent a SAR Specifying the five missing phone calls and detailing the date of each call, the time each call was made and the duration of each call. It wasn't until 1 November the we received the following email from EDF..... I have reviewed your account, and I am waiting for the information to be sent to you, this was requested on the 18October. This can take up to thirty days to process. I have amended the resolution date to the 22 November, to review your complaint, ( this is my next working day ) It's signed by a woman in the Digital Complaint Resolution Team.
  6. Here is the letter I am preparing to send to EDF. Dear Sir/Madam General Data Protection Regulations - Subject Access Request. Account # XXXXXXXXXXXX Letter of Claim. On 26 July 2021 I made a statutory request for disclosure of my personal data. You have complied with the request but the disclosure was incomplete. There were at least a number of items missing of which I am aware, including records of phone calls. Your breech of statutory duty is distressing to me. If you do not complete the partial disclosure which you made within fourteen days of this letter then I shall sue you in the County Court without any further notice.
  7. I've basically used your letter more or less as printed, however I'm afraid that I didn't make a note of when I received the incomplete disclosure. Other than that it's virtually word for word.
  8. Thanks, You're right. My letter was too long winded, this is to the point. I'll use your guideline as a template and send it off today.
  9. Would you consider this format suitable. On the 26 July 2021 I sent you a Data Subject Access Request for the above account. For the avoidance of doubt, and as stated above, this Subject Access Request require disclosure of all persona data which you hold on me for the entire period of my dealings with you. Under the new General Data Protection Regime, you must satisfy this data disclosure request as soon as possible and in any event within one month. As you have failed in your legal obligation, inasmuch that you have omitted to send copies of the following phone calls, I must inform you that unless I receive this information within fourteen days I intend to take this matter to the County Court. ( details of calls ). When I began this matter it wasn't with the aim in mind to seek compensation, however from the bits that I've read it seems to be expected that you do.
  10. Can you explain what you mean by letter of claim. On 26 July 2021 I sent you a Data Subject Access Request for the above account. For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of all personal data which you hold on me for the entire period of my dealings with you. Under the new GDPR regime, you must satisfy this data disclosure request as soon as possible and in any event within one month. As you have failed in your legal obligation I must inform you that I intend to take this matter to the County Court. So as to make clear what it is that I am seeking, so that the court sees that I am informing EDF of the specific items, I should amend the last para' to read. As you have failed in your legal obligation, inasmuch that you have omitted to send copies of the following phone calls ( calls described ) I must inform you that I intend to take this matter to the County Court.
  11. I agree. The whole matter seems to have fragmented. My original intent was to gather all the information regarding this account....Bills, emails, transcripts and phone calls, and then when I have everything in the correct order, and only then, file a complaint with the Ombudsman. The one thing missing, the one piece of information on which this case stands on is the five phone calls. These calls have the conversation that I had regarding the payment of the outstanding £435 and the agreement by EDF to change the acct to cash/cheque quarterly. The agreement which they failed to live up to. These calls show that I have been authorized to speak on my ex-wifes behalf...made on my mobile with the EDF acknowledging my right to speak for her. Now we have EDF in violation of both of the DSAR's and the Ombudsman and ICO saying that I should write to EDF to give them a chance to explain why.
  12. Here is the draft........... On 26 July 2021 I sent you a Data Subject Access Request for the above account. You failed to complete DSAR inasmuch that five phone calls were missing. I sent you a further DSAR on 7 October 2021. This contained itemised details of the phone calls in question. You have failed to this DSAR in the allotted time. In the event that I do not hear from you within seven working days from the date that you receive this letter, I shall consider taking this matter to the County Court.
  13. BF I've drafted a letter to their Data Protection Officer giving details of EDF's partial disclosure and their non disclosure. I said that if I did not hear from them within seven working days from the time of receipt of this latter, then I would consider taking the matter to the County Court.
  14. You could be right, I've just been talking to the ICO. They said that I should email the DPO of EDF explaining that they had only given partial disclosure with my first SAR, and had not replied to my second SAR within the one month allowed. I pointed out that this should not be necessary as the SAR is self explanatory. They went on to say that if I were to lodge a complaint with them it could take five months to reach a conclusion. I said that the time factor did not matter to me, my aim is to bring this matter to their attention, and also the Ombudsman. I want these people brought to book, I am not looking for monetary compensation. I consider that they treated my ex-wife unfairly and certainly without any consideration for the stress they have caused. I told them that I would be submitting a complaint with them.
  15. I have my EE bills, luckily I pay for itemised billing. The bill for the month in question shows that I made five phone calls to EDF. My name is on my ex-wifes accnt with EDF and so I am authorized to speak on her behalf. The phone calls prove beyond all doubt that EDF have failed to comply with my DSAR. I read through EE's privacy policy and found this. Section 4.2.3 To improve and personalise elements of our services, including to monitor the quality and level of service given to our customers by our employees. We record all telephone calls, emails and other correspondence between our customers and our members of staff and use them for training and quality improvement purposes. Section 7. How personal information is stored. (b). Recordings of the conversations you have with one of our customer service or sales representatives will be stored for a duration of two years. This EDF Privacy Policy was last updated August 16 2021.
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