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Sent my S.A.R - (Subject access request) off on 8th December, together with the £10 fee.
On Dec 16th i received a letter from Joyce E Tudor stating she could not trace the account as i have not provided details ( The details were supplied at the top of the letter in bold print) she also acknowledged receipt of the £10 in respect of the fee.
So the next day i popped into my local branch and kicked up merry hell, the manager asked me when the accounts were opened and closed which she wrote on a copy of my S.A.R - (Subject access request) and said she would send to Joyce.
Then on 29th Dec Approx i received the following Letter
Dear XXX XXXXXX
Data Protection Act - Subject Access Request
I write to you with regards to your recent letter requesting a complete list of transaction and charges applied to your account under the Data Protection Act 1998.
To receive a complete list of transactions and charges we can only send you a copy of your bank statements.
If you would like a copy of your bank statements, I will be happy to arrange this and they will be sent out directly.
The fee for this is £5.00.
I would be grateful if you could forward a cheque made payable to .....
Furthr please provide us with a letter containing your signature, for the reason that in order to release account information, we do need to verify this.
If you have any problems please do not hesitate to contact me at the above address.
Yours sincerely
Joyce E Tudor
Retail Regulatory Risk
So in response i have sent the following letter....
I am in receipt of the documents (see your letter refs) that you have supplied in response to my Data Protection Act information request dated (8th December 2006). The disclosure of personal data is incomplete in that at least the following documents are missing.
1) You have failed to provide a complete list of transactions and charges and statements of the above accounts from account opening to present
2) You have provided no notes, or documents relating to instances of manual intervention.
This is not an exhaustive list by any means, it is just an example of some of the information I am missing.
Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.
Also in response to your letter Ref XXXXXX, i have already paid to you the statutory charge of £10.00 for this information and therefore your request for a further £5.00 is unnecessary.
You acknowledged receipt of this payment in respect of the fee in your letter Ref XXXXXX.
I have personally signed this letter at your request.
You have a further 14 days to comply.
Yours sincerely,
Does anyone have any other light they can shed on this for me ? What should my next move be, Or even better a contact number for Joyce.
I'm not in a great rush to chase this account, as i want to cut my teeth on my claim with The Nationwide first which is at LBA stage, and get my claim against my ebay seller sorted too so i am free to concentrate on RBoS as its going to be a biggie, I just want my statements through ASAP.
I suppose you should wait the 14 days, if you hear nothing, start a complaint with the Information Commissioners Office for non-disclosure. Believe you can also take them to court for non-disclosure.
Have a scan through the barclaycard microfiche threads - due to Barclaycard refusing to give anyone statements for so long, plenty of people have take action against them for non-disclosure. Should be able to get some info from there.
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Yeah you should be sending off your prelim letter now and dont forget to include a schedule of charges with your letter.
As for the addy where you send your letter off to you shoyuld have got a `with compliments` slip with your statements, send it off to the addy on that, if not the original addy where you sent the SAR off too would be fine
All depends on what you want to do. If you want to avoid court, send them a further letter at end of 14 days saying "I am disappointed that this has not been resolved. I have decided to allow you a further 7 days to resolve this at which point, I will be forced to file a claim" blah blah blah. Or if it doesn't bother you and you would rather the extra interest, then ignore the letter and continue with your claim in court at the end of the 14 days!
If my post has been useful, tip my scales and let me know
Dollypops Vs RBoS
) off on 8th December, together with the £10 fee.
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