A+L past 40 days

[alexgash]

Please help, sent letter to A+L on 22nd March and now 42 days later I am still no nearer getting my DPA request. Received letter on 13th April stating that they had received a copy of my passport. As I understand it they have 40 days from my initial contact to process my request. Can somebody please advise me as to where I go from here. Thanx

[alanfromderby]

Can you confirm that the original DPA request was sent by recorded delivery, and was based on the template in the library. If it was then I will attempt to address this later today - out until lunchtime now.

[alexgash]

Have spoken to a lady on the phone just chasing them up (who was very nice) and somebody will call me later today. The letter was the one out of the library but was not sent recorded delivery. It is all on file with them though as I had a request for my passport through and a letter comfirming that they had received it on 13th of April. The 40 days ran out Monday (from the original letter) but as this was a Bank Holiday I have allowed a couple of days grace (am I too kind?)

Thanx

[alanfromderby]

Having looked carefully at the legislation it can be very technical as to when the 40 days starts. Generally, if the £10 fee is sent with it, and it is clearly obvious who the person is applying for the information - i.e. it is being sent to the account holder, at the registered address, then the bank really has no case to suggest that the date is any later than the date of receipt.

 

However, the 40-days does not start until they receive payment - should they require it. Also, if there is a reason to require confirmation of identity, it runs from when that identity information is received.

 

Now, having said all that - for them to take 3-weeks to decide that they need identification is, I would say, against the spirit of the legislation. Since they have now had well in excess of the 40 days - I would suggest you send the following letter:

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: xxxxxxxx

 

You have failed to comply with my Data Protection Act Subject Access Request dated (Insert Date).

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

 

 

If after 7 days you do not get your information, come back to the forum and I will take you through the next stage. Can you also confirm if you have any estimate of the amount you are likely to be claiming.

 

Obviously this approach could involve issuing a County Court action, so please be aware of this.

 

It would also seem likely that they will file a defence, but as with the claims for refunds it will probably not be worth their while going to court, and it should open the way for a dialogue.

 

Should they allow judgement to be entered it would have far reaching consequences - since it would put them in danger of having to reveal information that they have hitherto wanted to keep well concealed. It would also make it very difficult for the various regulatory authorities to allow the banks to keep stonewalling claims.

 

I would add that a District Judge tends to be very hard on a party to an action, when they have been deliberately obstructive.

[alexgash]

Cheers Alan,

 

Postman has been today with a Special Delivery for me so I'm thinking its what I'm wanting. I'll have to wait till tomorrow to see now........

[alexgash]

This topic was closed on 09 March 2019.

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