Caesar UE Diary

[Still Waving]

Still Waving The complaint is against Avant Credit because they didn't want to comply with new SAR request. The ignored me almost 2 months.

Warwick65 should I send one more time CCA request to Cabot?

Hi

You mentioned the Avanti ICO complaint and the Cabot CCA in the same post. I was asking for clarification as whether or not they related to the same account, as from my understanding of the history, they do not. Am I mistaken?

As regards Cabot - No, do not follow up with another CCA request! They are currently in default of your request, and long may that continue.

[Caesar]

Still Waving The complaint is against Avant Credit because they didn't want to comply with new SAR request. The ignored me almost 2 months.

Warwick65 should I send one more time CCA request to Cabot?

[Warwick65]

I sent Cabot two CCA request back in 2016 and they replied once several weeks later saying they were looking . I haven't heard since which is fine by me and they are both SB.

Sometimes this 'game' is about knowing when to react and when to let sleeping dogs lie

[Still Waving]

Avant Credit didn't bother to reply to reminder so today I raised the complaint to ICO. I hope they can help me.

Another thing, Cabot didn't comply with my CCA request and now they sent me a text message to call them regarding my account. Is this normal?

Hi

Did you send the CCA request to Cabot by recorded delivery, and have you checked on the Royal Mail website for the delivery detail? If they have received the CCA they are in default until they they produce a copy agreement, and in the absence of such agreement they would not get a judgment against you. I would certainly not call them - the problem is theirs. Ignore.

EDIT - This Cabot CCA request is not related to the account with the ICO complaint is it ???

[Caesar]

Avant Credit didn't bother to reply to reminder so today I raised the complaint to ICO. I hope they can help me.

Another thing, Cabot didn't comply with my CCA request and now they sent me a text message to call them regarding my account. Is this normal?

[The Tech Clerk]

No they know the rules give a few days after then contact ICO ! they are very slow to respond, I have been waiting for response weeks now

[Caesar]

Still no reply from Avant to my reminder. Should I call them and insist to receive the SAR or start the complaint to ICO?

[Caesar]

Reminder sent. Thank you Warwick65 and Still Waving.

[Still Waving]

I agree regarding the reminder. A complaint to the ICO won't instantly get you the SAR information, but a reminder worded as suggested might make them pull their finger out.

[Warwick65]

Hi Caesar

Maybe a short note saying something like

Dear Sir
Ref: Request made under General Data Protection Register 2018

I refer to my request made under the above (copy enclosed) and prior to making a complaint to the Information Commissioners Office i would like to remind you of your obligations. I look forward to receiving your fully compliant response within 14 calendar days

Yours
Caesar


Some people may say just complain but even if they do reply now you could still make a complaint about their breach of policy but this might just get you the documents you want

From that point it really doesn't matter how long it takes them if you happen to be away for a week or two, you have told them what you expect.

My thinking is, as it is generally summer holiday time you don't want to be fielding emails/letters/phone calls when you could be on a beach somewhere

[Caesar]

Thank you Warwick65 . No reply to my letter so far. Only two emails at the beginning: one they said the won't provide me anything and second one was they will escalate to management team when I said to read one more time my request.

Should I wait more or send them a reminder before complaint?

[Warwick65]

Hi
I would absolutely wait one more week. Something to bear in mind, they do not have to actually comply within the month but they must respond- even if its to say they need another month.

At the moment GDPR is all very new and many organisations are getting their knickers on a twist about it- I was moved out of a room at work today incase I overheard some confidential info- even though it would have meant nothing to me.

[The Tech Clerk]

Information Commissioners Office
Make a complaint | ICO

https://ico.org.uk/make-a-complaint/
Make a complaint. If you have concerns about an organisation's information rights practices, report it to us. Need help? Start a live chat or call our helpline on ...

[Caesar]

Thank you The Tech Clerk and Still Waving

On 2nd of June I sent the request by email and their reply was to contact the new owner of the account and after my reply they escalate to the management. On 5th of June I sent one more time the new SAR request, this time by recorded letter and they signed for it on 6th of June. So I will wait one more week.

What is ICO and how should I complain to them? Is there any template?

[Still Waving]

I agree with The Tech Clerk - give it a few more days.

As I understand your history, you sent an email SAR early on 2 June, to which they sent a bungled fob-off, so you sent a recorded delivery request 2 days later (4 June?).

The ICO guidance states -
"How long do we have to comply?

You must act on the subject access request without undue delay and at the latest within one month of receipt.

You should calculate the time limit from the day after you receive the request (whether the day after is a working day or not) until the corresponding calendar date in the next month.
Example
An organisation receives a request on 3 September. The time limit will start from the next day (4 September). This gives the organisation until 4 October to comply with the request."

So if my timeline assumption is correct, they technically have another couple of days to respond to your letter. As they did not seem very clued up on their SAR obligations, they may think that the time limit to respond is still 40 days, but that is no excuse.