IF have failed to respond to SAR - Help needed

[chris_d]

Right, what do i do now?

 

SAR sent on 30 Jan.

 

Basically, they sent me a response to my SAR dated 09 Mar which, by the time i got it, was late anyway (received on 19 Mar) and it stated that i had no charges and the case was closed. However.......

 

.........this was total rubbish and after speaking to them personnally on the phone on 15 Mar they admitted that there was indeed charges on my account (7 in fact, recently and i can also verify this through statements and letters), they then said that i would receive a response with the list of charges within 5 days and stated that it would be in the post that same day. Well, obviously 5 days was last tuesday, ie the 20th and today after 11 days i still havent had anything.

 

They are now taking the pi55. It is now 54 days from my SAR. What do i do now, i've had enough of these muppets, i want to take action.

 

Who, where to and what with?

 

Cheers in advance

[babynan]

Right, what do i do now?

 

SAR sent on 30 Jan.

 

Basically, they sent me a response to my SAR dated 09 Mar which, by the time i got it, was late anyway (received on 19 Mar) and it stated that i had no charges and the case was closed. However.......

 

.........this was total rubbish and after speaking to them personnally on the phone on 15 Mar they admitted that there was indeed charges on my account (7 in fact, recently and i can also verify this through statements and letters), they then said that i would receive a response with the list of charges within 5 days and stated that it would be in the post that same day. Well, obviously 5 days was last tuesday, ie the 20th and today after 11 days i still havent had anything.

 

They are now taking the pi55. It is now 54 days from my SAR. What do i do now, i've had enough of these muppets, i want to take action.

 

Who, where to and what with?

 

Cheers in advance

 

Hi I am helping my son with his claim with IT Finance, I dont want to butt in on your thread but we have a problem very much like yours, although our 40 days are not up until the end of next week we have not heard a dicky bird from IF, have checked bank account and they have not even cashed our cheque which they have now had for over a month....................it seems as if they are igonring everyone, but the same as you I want to know what to do if we do not receive our statements....,,,,,,:-? or should I just send another letter at this stage reminding them of their legal obligations, by the way this is the address that SAR was sent to, is the same as you used?

Hopefully someone will be able to answer your questions and will cover mine at the same time.....Anyone Please:)

[babynan]

Hi I am helping my son with his claim with IT Finance, I dont want to butt in on your thread but we have a problem very much like yours, although our 40 days are not up until the end of next week we have not heard a dicky bird from IF, have checked bank account and they have not even cashed our cheque which they have now had for over a month....................it seems as if they are igonring everyone, but the same as you I want to know what to do if we do not receive our statements....,,,,,,:-? or should I just send another letter at this stage reminding them of their legal obligations, by the way this is the address that SAR was sent to, is the same as you used?

Hopefully someone will be able to answer your questions and will cover mine at the same time.....Anyone Please:)

 

Sorry forgot to add address that I used for SAR

INTELLIGENT FINANCE

1 Baird Road

Kirkton Campus

Livingston

EH54 7AZ

[speedy9764]

My SAR was delivered registered 10th Jan, on 19th Feb i sent 7 day letter and filed for breach of DPA in court 5th March, they have filed a defence saying they had not received SAR or Fee, just seems like stalling tactics to me. I have allocation questionaire to complete and will let you know how it goes

[babynan]

My SAR was delivered registered 10th Jan, on 19th Feb i sent 7 day letter and filed for breach of DPA in court 5th March, they have filed a defence saying they had not received SAR or Fee, just seems like stalling tactics to me. I have allocation questionaire to complete and will let you know how it goes

 

Good luck Speedy, as you say all stalling tactics. I'll let you know if my son hears anything from them now that they have admited having his SAR...........

Look forward to hearing how it goes in court......

[speedy9764]

Having issued court papers i received statements as requested and they filed a defence saying they had not received my original SAR and that they have complied with DPA so no case to answer, fact is they are lying they did get SAR they admitted it on the phone, thinking of going to court and calling their own records as evidence to show that the solicitor acting for them has lied on the defence, wonder how that would go down ?

[MARTIN3030]

I would certainly be filing a complaint with the information Comms office.

It would seem this is being done routinely.

Anyone else the victim of IF failing to comply ????

[andromeda411]

hi there,

 

i have a SAR on intelligent finance and the 40 days are up on wed 11th april.

i too have not had any correspondance from them.

i sent registered post and according to royal mail site it was signed for the day after i posted it to them.

will wait 2 more days and see what happens.

 

andromeda411

[MARTIN3030]

I think we ought to look at organising a bulk complaint to the ICO in view of their continuous abuse of this.

[babynan]

I would certainly be filing a complaint with the information Comms office.

It would seem this is being done routinely.

Anyone else the victim of IF failing to comply ????

 

HI, I am helping my son with his Claim against IF, he sent his SAR recorded, it was received by them along with the cheque for 10.00. The 40 days are up on the 15th April. We have not heard a thing from them, they have still not cashed the cheque. My son phoned IF last week and spoke to a lady there, who in turn spoke to the correct department herslf and confirmed to him that they are aware of the timescale of the 15th Apr, he also asked if they would send the stuff that he requested and she stated that it would be as requested and required...

We still have not received anything but we do have another few days to go:rolleyes: , but I do think that IF have acted very badly and seem to think that they are above the law as far as the DPA requests are concerned

[MARTIN3030]

My information is that the ICO is being inunidated with complaints from people about late compliance (and in some cases ) non compliance with data requests.

At the moment its easy to see that they are stretched to the limit dealing with this.Apparantly they are collating complaints and bulk sending them to the offending institutions with a request for assurances that they will deal with the issues.

The Financial institutions therefore appear to know that these are not ordinary circumstances and that they are being given to some extent some leeway.One can imagine that they are therefore in a position to manipulate the situation as has been shown.

They do however suggest that COURT can always be an option as they do not have the powers to make registered data controllers pay compensation.Of the Cases that have been listed and heard in Court for non compliance,there have been some eye opening results.

Most memorable was the case last year in which the Judge announced that if he had known the data controllers name from a certain high street bank....he would have seriously considered a prison sentence,such is the seriousness of this viewed.

Before any court action you would need to demonstrate that you had completely exhausted all avenues of dialogue with the defendants,and show proof of this.

Another avenue maybe worth pursuing is the F.O.S.

They have shown themselves to have been actively involved in resolving many issues/concerns.

Although not able to enforce data protection acts within their powers,you could try asking them for help to force your bank/card issuer to release statements

Under consumer credit act regulations.

[andromeda411]

well,well,the 40 day deadline and has finally come and yes you have all guessed it.not a reply has been had from (un)intelligent finance. so now the next step. what do we do with these people. do they think they are above the law.a bulk complaint sounds in order to make these people sit up and take notice!!any thoughts on this anyone?regardsandromeda411

[babynan]

well,well,the 40 day deadline and has finally come and yes you have all guessed it.not a reply has been had from (un)intelligent finance. so now the next step. what do we do with these people. do they think they are above the law.a bulk complaint sounds in order to make these people sit up and take notice!!any thoughts on this anyone?regardsandromeda411

 

 

As you say this is getting beyond a joke, I know that they must be snowed under - but or goodness sake, how long does it take someone to print of a list of transactions.

We are still waiting, 40 days deadline is this weekend, so it looks as if they lied over the phone when they told us that data would be with us within given time:eek: So all we can do now is sent the letter for non-compliance, I will be using template number 3 of course as we have received nothing.

[speedy9764]

I have completed AQ and will be filing in court tomorrow as I work 28 day rotations abroad, I have put in dates when I am unable to attend court, my only worry is any paperwork. I have put in my AQ that I believe it is a deliberate action by the bank and an abuse of the judicial process.

Basically SAR sent 9 Jan signed for 10th Jan, 7 day letter and phone call 19th Feb (40 days) with verbal admission of breach, 22nd feb letter saying they would respond in 4 weeks to my letter of 9th Jan (2 weeks outside their 4 weeks) Twice warned by letter I would go to court and on the phone they just said I must do what I must do. Claim served 5th March received statements 8th March. Defence from solicitors was they never received SAR and Payment, (I have recorded delivery/PO details) AQ now for "compensation at discretion of court" lets see if that gets someones attention.

[babynan]

I have completed AQ and will be filing in court tomorrow as I work 28 day rotations abroad, I have put in dates when I am unable to attend court, my only worry is any paperwork. I have put in my AQ that I believe it is a deliberate action by the bank and an abuse of the judicial process.

Basically SAR sent 9 Jan signed for 10th Jan, 7 day letter and phone call 19th Feb (40 days) with verbal admission of breach, 22nd feb letter saying they would respond in 4 weeks to my letter of 9th Jan (2 weeks outside their 4 weeks) Twice warned by letter I would go to court and on the phone they just said I must do what I must do. Claim served 5th March received statements 8th March. Defence from solicitors was they never received SAR and Payment, (I have recorded delivery/PO details) AQ now for "compensation at discretion of court" lets see if that gets someones attention.

 

HI Speedy,

I see you have filed with the courts, I have a question for you (well actually I also spotted this same question in a thread by Robroy)

He was trying to file with the court against IF and this is what he said

 

I then tried to issues a court summons to the magistrates but was told that the bank needed to have an address in the UK.

The address I used was in Edinburgh.. I am living in the UK and do not know what the procedure for filling a calim against a bank outside the UK is. Does anyone have a experience of this?

Robroy did not say which address he did use for the bank, I assume it was the registared address for IF, which as he says is in Scotland ????

Did you encounter this problem at all, or did you use a different address for IF:-?

Would be helpful to know this so that we are prepared for our next steps as the only info on the sticky for IF is for the SAR.

Could we use the Halifax address to file claim against IF??:?

[andromeda411]

very shocked,

 

at last IF have responded and sent the list of charges to me and guess what they also sent my £10 postal order back say that for the service there was no charge on this occasion.

so now on to the next step with a letter asking for the charges (£1894)to be refunded to me.

 

will keep you all posted and best regards to all

 

andromeda411

[andromeda411]

hi again

 

what is the best address to use for IF as i see lots of people on here are using different addresses.

i sent my SAR to their P.O box 1717 address in livingston.

 

any thoughts anyone?

 

regards

 

andromeda411

[babynan]

hi again

 

what is the best address to use for IF as i see lots of people on here are using different addresses.

i sent my SAR to their P.O box 1717 address in livingston.

 

any thoughts anyone?

 

regards

 

andromeda411

 

Hi Andromeda,

 

I used the Livingstone address for the SAR, (not response) so now sending non compliance letter to :

 

Intelligent Finance

Trinity Road

Halifax

HX1 2RG

 

This is the one is the registared address for Halifax bank and IF are part of this group.

[babynan]

Hi Andromeda,

 

I used the Livingstone address for the SAR, (not response) so now sending non compliance letter to :

 

Intelligent Finance

Trinity Road

Halifax

HX1 2RG

 

This is the one is the registared address for Halifax bank and IF are part of this group.

 

Well Well, one day after sending Letter of Non Complinace for SAR my statements arrive............ Nowgoing to start filling in the spreadsheet and send off Prelim letter:razz:

[andromeda411]

hi babynan

 

what spreadsheet are you using?

do you have link to it or is it your own one?

 

regards and good luck

 

andromeda411

[babynan]

hi babynan

 

what spreadsheet are you using?

do you have link to it or is it your own one?

 

regards and good luck

 

andromeda411

 

Hi Andromeda, The spreadsheet is located under the ' Bank Templates' and is sticky NO 6, Use the 'Simple Sheet'

 

Good Luck.

 

I have a question for you as well, I have got the response for the SAR from IF, but they have just shown a list of charges which just shows the date and the amount, is this same as you got?

If so how/what will you put one the spreadsheet for charge description?

 

Cheers Babynan:)

[andromeda411]

yes

i got the same as you so i photocopied the whole letter they sent and used that to send with the prelimanary request for refund.

as i live in scotland i cannot claim interest at this stage but only when it goes to court.

 

regards

 

andromeda411

[babynan]

yes

i got the same as you so i photocopied the whole letter they sent and used that to send with the prelimanary request for refund.

as i live in scotland i cannot claim interest at this stage but only when it goes to court.

 

regards

 

andromeda411

 

Thanks, why did I not think of that, just did not want them to start defending saying that some of the charges were charges that could not be claimed back, but I do not think that they are as I have no 'Fees ' on this account as such., plus by including the letter as you have then I could use that in my defence as lack of info from the bank:mad:

 

We are only able to claim interest at the court statge as well, thats where sometimes it pays off if they delay and dont respond to the LBA and offer settlement of all charges, although I have heard that some people have been offered a refund of charges at this stage and have also said that they want the interest as well , but we shall play that by ear and see what happens in the meantime.

I will do my spreadsheet now and post tomorrow.

[speedy9764]

Hi, I used the HBOS address as IF is part of HBOS, that seems to wake them up and the HBOS address is in Yorkshire somewhere and last time I looked that was in England, although I am sure there are many yorkies who wish to become and independant country !