ARGOS SAR Non-Compliance

[Redmountie]

Hello caggers,

 

I am after some advice about an imminent ARGOS SAR statutory breach please. 

 

I have had an ongoing complaint with ARGOS since December 2019.  As I haven't received there final complaint response letter or there offer of a gesture of goodwill, I have now decided to escalate this to the next level (i.e. FoS).  In preperation for this, I contacted ARGOS Customer Service, via telephone, and verbally made an SAR request to them.  They were happy to take the request over the phone and subsequently provided me with a reference number for the SAR and a seperate reference number for my additional complaint. 

 

The SAR was made to the business on 10/05/2019. 

 

Having not received an acknowledgement letter from them, on 17/05/2019, I contacted them again to chase them.  I was advised by a Team Manager that it wasn't there procedure to take verbal SARs over the phone, and that It would not have been possible for me to have done this.  I advised the Team Manager that i had the exact time and date of the call that this happened, and additionally that i was given a reference number in relation to that SAR.  The Team Manager then said that she would look into this and come back to me via email. 

 

On 22/05/2019, I received an email back from the Team Manager, stating that they could not find any reference to my SAR request, but that she was going to open a new SAR request for me.  Clearly, she has contradicted herself, as has opened a new SAR based on our verbal discussion.  I have had a few dealings with ARGOS Customer Services before, when goods purchased have been damaged or delayed.  They have always been a shambles and I have never had any positive contact with them.  I have been waiting since December 2019, for compensation for a Christmas present that was damage in post.  They have been promising to send out gift vouchers as a gesture of goodwill, but these have never arrived!

 

So the original SAR was verbally made on 10/05/2019 and in my mind should be fully completed and disclosed by 10/06/2019. 

 

Questions for consideration:

1. Is the verbal request valid if i want to pursue an SAR non-compliance at County Court?  Under the old DPA 1998, i would always submit an SAR in writing.  But, with the GDPR, I know the rules of the game have changed, and you can now make a verbal request. 

2. I have emailed ARGOS on 17/05/2019 and advised them that in the event of non-compliance i would immediately submitting a claim via the County Court.  This went to the personal email address of the Team Manager I have been dealing with.  I have had no response from them.  With this in mind, do I still need to give them a Letter Before Action and allow them an additional 7 days, before submitting my claim, or just submit on 11/06/2019, the following day the SAR was due (i will submit via MCOL). 

3. I have submitted a few SAR non-compliance county court claims previously and always put down damages of £200 as standard. Shall i go for the same amount?  Any advice please?

 

Thank you in advance. 

[BankFodder]

I believe that an SAR can be made verbally but you would need evidence if you going to bring a court action

 

Also I doubt very much whether Argos is regulated by the FOS or in fact regulated by anyone.

I know that you have previously sued a bank in respect of the breach of an SAR – but I can't imagine that Argos will be nearly as bothered about it as a bank. I would have thought that a more realistic claim would be about £25

[cattiebrie]

I think you need to look at the date you have put in when we are only in July 2019 and  how can you be complain since December 2019 when we not in December yet