Starting a court claim for SAR non compliance

[lee32uk]

Hi all

Just a quick question regarding taking Royal Bank of Scotland to Court over non compliance of my Subject Access Request for my Credit Card account which dates back to 2003.

 

I sent a SAR to RBoS (Using the template in the Library) giving them the required 40 days.They sent me two statements, a copy of my CCA and a few sheets of telephone call records.

I wrote back to them telling them they had not fully complied, and I gave them a further 7 days in which to do so.The 7 day deadline was today, so I am now going to fill in an N1 form and send it off to my local County Court.

What happens if they send me the rest of the SAR after I have started Court proceedings ? Should I just carry on, or should I write to the Court and say that they have now complied with my request ? Also as there is a fee of £30 would the Court refund the fee in this scenario ?

 

Thanks

Lee

[slick132]

Hi Lee,

 

Firstly, are you happy that you've given them enough time to reply with the missing data. You don't want to appear to the courts to be too quick to issue proceedings.

 

If you start compliance proceedings and they supply all the required data before any court hearing, you would proceed to court and seek your court fee and any nominal amount you are claiming for their non-compliance.

 

The court will not refund your fee normally.

 

Would you start proceedings in England or Scotland. If the latter, your thread should be moved into the Scottish forum where you'll get the appropriate advice.

[lee32uk]

Thanks for the reply Slick

 

I am in England

 

I appreciate what you are saying about giving them enough time to comply, but they have now had 47 days which I think is sufficient.

I will hang back for another week and see if they come up with the goods.If not then I will start the ball rolling I am just a bit sick of being messed around by these big corporations who think they are above the law.

Anyway rant over

 

cheers

Lee

[slick132]

Comments noted about 47 days so far.

 

However, playing devil's advocate, I would have given them 14 days to supply the missing items. And the clock for that would be from when you sent the follo-up letter about their failure to provide all the data.

 

[lee32uk]

Point noted Slick I will hold back with the N1 form until next Friday.This will then have given them an extra 14 days in total.

 

Your scales have been polished

cheers

Lee

[42man]

Lee just in case you missed this thread too - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html

[lee32uk]

Thanks for the link 42man.Some good information there, should I need to go through the Court system

[palomino]

You should use a N208 form rather than a N1 (which is for monetary claims) for the claim for costs. You will also need to fill in a N16A for the actual injunction.

[lee32uk]

Hi palomina

 

I was going to follow the process in the link below.It says here that it is an N1 form :-? I just want to get the bank to comply with my SAR.

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/130-data-protection-act-non-compliance-particulars-of-claim-

[B3rty]

Lee I am going through the same thing when I read the DPA guidelines for data controllers it says they have 40 days from the time they receive the money (Cash the cheque) so I have allowed them a little longer.

 

I have reported them to the ICO but will go down the legal route end of next week so would be interested to liaise with on on POCs and costs ect.

 

Palomono, interested in your post as the recommended way is the N1...do you have experience of this also the N16 which I have not considered..

[slick132]

Isn't the N1 used when you seek nominal damages from the bank for their non-compliance, which makes it a monetary claim.

 

[B3rty]

How do you work out a figure for nominal damages for non compliance...The debt is with a DCA who cant' get the s.78 dealt with , its on hold but they have the default registered...my plan was to get the copy or acknowledgement that none exist then pursued them to take a low F&F and remove the default.

[slick132]

I've seen other N1 claims for DPA non-compliance seek nominal damages of less than £50.

 

However, I'll see if we can get clear guidance on this from the Site Team.

 

[havinastella]

Have a look at the thread posted in #6

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html

 

THIS has everything you need for non compliance of SAR, including what you can and can't claim.

 

Jogs

[slick132]

Further to my post #13 above, Car2403 has answered as follows:-

 

Form N208 is the CPR Part 8 process, which is used for non-monetary claims.

 

Presumably, that poster thinks this process should be used for ordering compliance (specific performance) with the Subject Access Request.

 

Sadly they are wrong.

 

In short, the N1 is the Part 7 procedure, which is used whenever money is being reclaimed. You can include a request for ordered compliance with the Subject Access Request within a Part 7 request where a nominal amount is being claimed, but you can't include a money claim in a Part 8 claim.

 

They need to stick to Part 7 if they want money back, or use Part 8 if all they want is the Subject Access Request returning.

 

Incidentally, Part 8 claims would be much faster than a Part 7 claim. I have seem Part 8 being used where the money for failing to reply to Subject Access Request isn't important, but getting the information back would help move the OP's timescales along.

 

I'd post this on the thread, but there seems to be a mass of confusion around the Court process around Part 7/Part 8, so I'll leave you to add this. (I'll sub to the thread also)

 

I also feel a Judge would be uncomfortable with a money claim for failure to comply that amounts to over the Court fees for issuing the claim and £100 in costs.

[B3rty]

Slick..Thanks for this info I am glad I hung on

[B3rty]

Just a couple of points..

 

Palomino suggested an N208 which I understand plus a N16A for the injunction however in this case the debt is assigned to a DCA so I assume the N16A isn't used?

 

What court would it be best to put this through i.e my local court or the one nearest their address?

[car2403]

What are you after, here? Compliance or compensation for non-compliance?

 

It would be your local Court - they will be made to travel to you.

[B3rty]

I am seeking compliance (Its Citi)...who seem to be in disarray when it comes to SARs

[lee32uk]

Well still no sign of the rest of my SAR.The deadline was 12th may so they have now had an extra 2 weeks.

I am still a bit confused as to which form to use, so I am going to use 'Havingastella's' thread as a guide.

I will only be seeking compliance, plus the Court fee of £35.

 

Thanks

 

Lee

[slick132]

From what Car advised, it's a claim on Form N1.

 

He should see this and may confirm for you.

 

Edited June 19, 2009 by slick132
typo

[havinastella]

Well still no sign of the rest of my SAR.The deadline was 12th may so they have now had an extra 2 weeks.

I am still a bit confused as to which form to use, so I am going to use 'Havingastella's' thread as a guide.

I will only be seeking compliance, plus the Court fee of £35.

 

Thanks

 

Lee

 

 

NO,

 

Lee, All the info is there to claim associated costs, time spent, postage etc.

 

Use the N1, and use my costs template and hit them hard. It's non compliance pure and simple and you are entitled to claim those costs!

 

Jogs

[car2403]

From what Car advised, it's a claim on Form N1.

 

He'll should see this and may confirm for you.

 

 

Right, if you're claiming damages (costs) for non-compliance other than Court fees.

[silverfox1961]

Hi,

Just subbing to this thread as I'm in the same position as you.

SAR sent 4th March (delivered 5th) Nothing back as yet apart from 1 letter asking for proof af address.

LBA sent 20th May.

 

I'll be watching with interest as to which claim form you use.

 

fox

[lee32uk]

N1 Form filled in x3 and ready to be posted to my local court tomorrow.

 

I have claimed costs roughly based on Havinastella's thread (Thanks )

Does these costs look ok before I send it.

 

 

Thanks

Lee

Schedule of Costs and disbursements_edit.pdf