Question on SAR to bank

[ScarletPimpernel]

I am assisting my OH to reclaim charges from First Direct. She was in a DMP through CCCS, but FD phoned and persuaded her to pay them directly - resulting in the debt more than doubling because they had previously frozen interest and charges. FD have now had to accept a return to the DMP.

 

We have sent a S.A.R - (Subject Access Request), but FD have returned the original letter and cheque, stating that they are unable to comply with the SAR because the signature on the letter differs to the one they have on file. However, the address is the one used ever since the account was opened. And, of course, OH's signature hasn't changed. Interestingly, on the returned letter, FD have highlighted the words 'manual intervention'.

 

FD asked my OH to phone them to verify her identity, which she has now done, and FD said they'd now send her 'the statements you asked for'.

 

I suspect that this is no more than a delaying tactic, and that FD will now send a list of transactions, but not the data that will prove that they acted in breach of the OFT guidelines. They only agreed to resume the DMP after they were threatened with a complaint to OFT/TS.

 

My questions:

 

- is FD's reason for returning the SAR a valid one?

- does it reset the 40-day clock?

- should the original SAR be returned, a new one submitted, or no action required?

 

Thanks.

[mazzab]

Alright Elusive One

 

The 40 days starts when they get correct paperwork, so If they can say the signiture is significantly different to the one on file then I guess thats an: a) valid, and B) effective delaying tactic.

 

To be safe I'd send another S.A.R - (Subject Access Request) and cheque and maybe enclose a photocopy of a driving license of similar with a signiture matching the one on the form. That starts your 40 days right thar.

 

Cheers!

[PeterAnderson]

scarletP - we have found on the LTSB forum that the 40 days starts from when they bank the cheque; but as mazzab has said it should really start when they receive the letter - just make sure you send it by Recorded Delivery so you have proof of when they did receive it

 

Best of luck