Thread: S.A.R - Refusal Help!

Hi,

I have just started a claim against A&L, i sent them off a SAR over 40 days ago which they failed to respond to, threatened them with court action under a week ago, and today I got a letter from them saying that they will refund me £90, and claiming they included my statements in this letter, which they didn't.

The 7 day SAR final request is up tomorrow, so do I ignore this letter and file for a court order demanding they reply or do I sit it out for a bit longer. I thought Natwest were bad, but A&L definately take the biscuit

I didn't say I was going to claim for anything, thanks to that insult, I'll look forward to seeing you in court A&L. I think they are jumping the gun now lol!

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I have been in a similar situation myself, but with the Nasty Natwest.

The 40 day deadline was almost up, then I received statements on the 40th day..but belonging to a complete stranger.

I sent a 7 day final notice..which they completely ignored and I then filed a court claim against them for Non-Compliance of S.A.R, together with damages.

Eventually, I got my own statements about a week after filing with Court.



However, it may be in your best interest to 'hang tough' and wait it out a bit longer for your statements to arrive.

If you file a claim for Non-Compliance of S.A.R, then you will have to pay a Court Fee of £150 for the privilege, as you are filing for something that is 'other than money'. Would it be worth it for you, when the statements could arrive on your doorstep a few days LATER, after you have filed?

My circumstances though, are different, as in the fact that I am exempt from paying any Court Fees, due to being on Income Support. So I had nothing to lose by filing for Non-Compliance and no court fees to pay.

You need to weigh up and decide if it is worth 'paying the extra to receive something sooner'......and, of course in relation to any charges that you are reclaiming!

Jordy :grin:

Where do they get the figure for repayment to you of £90.00?

When you have requested your statements - and not yet received them?

To issue proceedings where your claim is for something
other than money costs £150 with the small claims county courts in England.

A Subject access request is NOT a money claim.



Jordy :grin:

Thanks guys, it may cost £150, but I'll reclaim that from A&L anyway, its costing them a lot more, it would be so much easier if they just gave me my statements, but now they've got me riled, it's gonna cost me nothing in the end to get a court order demanding they comply, and its going to so satisfying issuing them with that order.

Why not just simplify things for yourself and send them an e-mail saying that they forgot to enclose the statements in the letter they sent you on such-and-such a date and would they mind sending the statements out ASAP?

I agree - they have answered all my letters but they are not consistant in their reactions - if they dont reply then threaten non compliance- the whole process takes such a ong time you dont need this hold up at the moment.

A lot of people have found charges they had forgotten about so keep persevering.

Janus

Hi,

I have just recieved my statements from A&L and there are 2 charges:-

(a) Overdue Payment Charge
(b) Reminder letter charge.

I know that I can reclaim the overdue payment charge, but regards to the reminder letter charge, can I also reclaim that, and what is it?

Yeah it is a credit card, I just don't quite know what the charges are for.