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  • Template for SAR non-compliance

    Hey,

    Is there a template letter anywhere for raising a complaint with the ICO for non-compliance to a SAR (HSBC)?

    It has been 20 out of the 40 days since receipt of the SAR (PoD + Signature evidence) - and Postal Order still hasn't even been banked - and an email reminder just covering the grounds on which they may try to not comply was sent after 10 days, and have had no response to that either.

    I am looking for a template so that I can pre-empt their non-compliance, post-date it, and get it all ready just to post upon the time-limit expiring.

    Thanks

  • #2
    Re: Template for SAR non-compliance

    Why? ICO won't do much.

    Save your energy and use the template for chasing a SAR that we have.

    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: Template for SAR non-compliance

      I thought that in May, 2011, the ICO changed the procedure, so that a complaint will trigger them to phone organisation and get them to comply immediately (as opposed to the 28 days orginally allowed) assuming they consider the SAR fit for purpose or something... I thought this would be the quickest and easiest way to enforce complaince... I will take a look at the template you mention

      Comment


      • #4
        Re: Template for SAR non-compliance

        Well yea but you're not at 40 days. Just chill.

        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

        Comment


        • #5
          Re: Template for SAR non-compliance

          Hahaha, I know, but I am pretty confident HSBC wont be complying - they know the numerous reasons why we SAR'd them - and are fully aware it will blow their Final Response, and their review of their Final Response out of the water... So I am trying to prepare :P

          Comment


          • #6
            Re: Template for SAR non-compliance

            How funny - they have JUST rang my cousin and said "we haven't received the payment yet, which is why we havent responded - what address did you send it to?" - in response to the email we sent to pre-empt all stalling tactics!

            Comment


            • #7
              Re: Template for SAR non-compliance

              Originally posted by Shadow2981 View Post
              How funny - they have JUST rang my cousin and said "we haven't received the payment yet, which is why we havent responded - what address did you send it to?" - in response to the email we sent to pre-empt all stalling tactics!
              Claim on the 'lost' Postal Order and send it again, this time by Recorded Delivery.

              Comment


              • #8
                Re: Template for SAR non-compliance

                It was sent Special Delivery... I have proof of postage with signature... they cannot deny it :P

                Comment


                • #9
                  Re: Template for SAR non-compliance

                  WTF?!?!?! My cousin got a letter today from RBS, with his P.O to HSBC, saying that RBS are not affiliated with HSBC - and as such, cannot comply with his request..????

                  We sent the SAR to:

                  HSBC Bank Plc
                  Service Quality Team
                  Arlington Business Centre
                  Millshaw Park Lane

                  LS11 0PP

                  Where it got redirected, adding a day to the delivery...

                  What the hell is going here?!?!?! And where do we go from here? HEEEELP!!

                  Comment


                  • #10
                    Re: Template for SAR non-compliance

                    Originally posted by Shadow2981 View Post
                    WTF?!?!?! My cousin got a letter today from RBS, with his P.O to HSBC, saying that RBS are not affiliated with HSBC - and as such, cannot comply with his request..????

                    We sent the SAR to:

                    HSBC Bank Plc
                    Service Quality Team
                    Arlington Business Centre
                    Millshaw Park Lane

                    LS11 0PP

                    Where it got redirected, adding a day to the delivery...

                    What the hell is going here?!?!?! And where do we go from here? HEEEELP!!
                    Send a formal email complaint.... servicequality@hsbc.com

                    Just to prove the address is correct

                    ---> Complaints | HSBC Bank UK

                    Write to us at the following address:

                    The Manager
                    Service Quality Team
                    HSBC Bank plc,
                    Arlington Business Centre,
                    Millshaw Park Lane,
                    Leeds,
                    LS11 0PP
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                    Comment


                    • #11
                      Re: Template for SAR non-compliance

                      Thanks, how would/could it have ended up with RBS??

                      Comment


                      • #12
                        Re: Template for SAR non-compliance

                        Originally posted by Shadow2981 View Post
                        Thanks, how would/could it have ended up with RBS??
                        royal mail. Thus for now email the complaints resolution team and see what they say - obviously you sent it to the address on the system, so technically the 40 days have started, this is confirmed on ICO site as well...
                        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                        Comment


                        • #13
                          Re: Template for SAR non-compliance

                          Well, as suspected, HSBC have not complied... they responded to the complaint which informed them that the time had still started on 14th May - saying "thanks for your SAR which we received 13th June... However, to link you to your accounts, we need you to fill in the enclosed forms and send a £10 non-refundable statutory fee!" - I didnt send a SAR in that complaint!!

                          So I got on my high horse and have emailed all the evidence to CEO himself directly, as well to the customer relations people at "The Chief Executive's Office".

                          These staff members refused to pass the complaint onto the CEO.. and said they will deal with it as they see fit.

                          I basically gave them 7 days to get the data to me, and stated I required confirmation by the close of business today if they accept this request, otherwise I would take it up with ICO or via Court first thing Monday...

                          They then replied telling me they wont be responding to further emails as they didnt like my tone, and that my deadlines were unrealistic, and they would respond in writing in around a week or so... Still waiting for CEO to acknowledge email - going to ring him directly if the number I have is correct... just to request confirmation that he at least received it...
                          Last edited by Shadow2981; 22 June 2012, 13:12.

                          Comment


                          • #14
                            Re: Template for SAR non-compliance

                            Originally posted by Shadow2981 View Post
                            Thanks, how would/could it have ended up with RBS??
                            Originally posted by Never-In-Doubt View Post
                            royal mail.
                            Correct - as part of the Royal Mail's policy of non-discrimination, they have to employ some post-persons with sight or visual acuity challenges.

                            It is unfortunate, though, that most guide dogs are still unable to read.

                            Comment


                            • #15
                              Re: Template for SAR non-compliance

                              Originally posted by Shadow2981 View Post
                              Well, as suspected, HSBC have not complied... they responded to the complaint which informed them that the time had still started on 14th May - saying "thanks for your SAR which we received 13th June... However, to link you to your accounts, we need you to fill in the enclosed forms and send a £10 non-refundable statutory fee!" - I didnt send a SAR in that complaint!!

                              So I got on my high horse and have emailed all the evidence to CEO himself directly, as well to the customer relations people at "The Chief Executive's Office".

                              These staff members refused to pass the complaint onto the CEO.. and said they will deal with it as they see fit.

                              I basically gave them 7 days to get the data to me, and stated I required confirmation by the close of business today if they accept this request, otherwise I would take it up with ICO or via Court first thing Monday...

                              They then replied telling me they wont be responding to further emails as they didnt like my tone, and that my deadlines were unrealistic, and they would respond in writing in around a week or so... Still waiting for CEO to acknowledge email - going to ring him directly if the number I have is correct... just to request confirmation that he at least received it...
                              Forward everything to the ICO on Monday, as they have chosen to be arrogant and to pretend the law does not apply to them.

                              Comment

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