Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Having been unable to find a template to remind bank their 40 days is almost up i have drafted the following letter together, how does this look to everyone, is this letter suitable to go ?
Having just checked royal mail track and trace the initial SAR has apparently not been delivered yet, is this likely to cause a problem
Dear Sir/Madam
RE Former account number: XXXXXXXXX
Following on from my letter of the 11th April 2007 in which I made a DPA 1998 Subject access request, I am disappointed to note that as of today’s date, the requested information has not yet been sent to me.
In this letter I requested you to send me a complete list of transactions and charges relating to my banking history with your organisation.
I enclosed a cheque number 100323 which I note from my bank records this has not yet been presented to the bank. I wish to take this opportunity to remind you that you have 40 days from receiving my payment to respond, this means you have until 21st May 2007 to forward the requested information to me.
If you fail to send me the information requested by this date, I shall be reporting you to the Information commissionaire, and will be taking further legal action.
Not sending this letter now, m-i-l has just called me, barclaycard have responded to her (even though according to royal mail the S.A.R - (Subject access request) hasnt been delivered yet) they have sent statements from june 04 and apparently have sent a letter saying due to rest being on microfische they will take up to 6 weeks from date of their letter.
Bearing in mind the SAR has to be complyed with by 21st May how do i take this up a level.
Further to your request for copies of your credit card statements, we are writing to let you know about two things; firstly to enclose part of the information you have requested and secondly; to explain the position with regard to the other statements you asked for.
Enclosed you will find copies of your credit card statements from June 2004 to the present time. These statements are stored on computer. We will be sending your statements prior to this date later. These later statements are stored on microfilm (rather than computer) and, take more time to search and reproduce. We will get this information to you as soon as we can. This is likely to be within the next 6 weeks or so.
Statement requests are being processed in the order in which they have been received to seek to ensure fairness. The Data Protection regulator, the Information Commissioner, has been made aware of the position and knows that we are writing to you in these terms. The information commisioner is also aware that whilst we are endeavouring to supply this information as quickly as we can, we do not consider that the microfilm statements fall within the scope of the Data Protection Act 1998. Nevertheless, we are happy to provide these as a gesture of goodwill.
This information from June 2004 is complete in relation to your account at the time this information was drawn from it.
Now my opinion on this is how can they use the excuse to get out of complying to a legal timed request by saying they are too busy, they should be actively recruiting new staff to cope with the demand, are they in direct breach of the Data Protection Act 1998 as i think they are.
Secondly it has allready been proved that mircofiche statements DO fall within the Act as they will be well aware.
How can they say that the information commisioner quite happy for them to ignore the requirments of the Act as i said if they cant cope with the demand they should employ more staff, its there problem not mine.
You can send the non colpliance letter. It is in the link. They have to send you the rest of them. They try to draw it out, but they will send them in the end.
The following petition has been put on the government website
We the undersigned petition the Prime Minister to Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal. More details