Thread: Failed to send statements & returned my £10.

In Feb 2009 I sent the SAR for statements to 2 accounts. They have sent one set of statements but they returned my £10.

I keep chasing the statements for the other account but they keep saying they are treating my request as a SAR and I must send them £10.

Should I sue for failing to comply with my first SAR or send them another £10 with another SAR?

Also: Should I issue another summons now for the first reclaim (which was a commercial account) and a second summons (for the current account) when the other statements arrive? Or wait and issue just one summons for both accounts?

The SAR is for all data they hold on you not just for one account unless you only asked for that individual account, tell them they have not complied and complain to ICO. or do as I did with MBNA and issue N1 for none compliance. MBNA complied very fast after saying they would defend in full approx 3 day after.

dpick

As long as your SAR was expressed in the way which would be seen to refer to the two accounts, then they are in breach of their statutory obligations even though they have returned the £10 to you.

If you have got some evidence of charges on the data that they have given to you, then I would suggest that you put a claim in for that immediately and at the same time claim for the data protection non-compliance. Once they receive the claim, they will get themselves into gear and they will provide you with the rest of the data. You can then go on to amend the claim to include the further charges which the new data may reveal.

In your claim make it clear that you reserve the right to amend and add further charges once you receive the data which is missing from the original disclosure

Is my fight with Alliance & Leicester or MBNA? I still have nothing from either of them. Also, should I be sueing for a reclaim of charges or for an unenforceable credit agreement?