Sent SAR off on 11th november, no reply, so sent letter before action on 29th dec, advising that they had not complied so they have 7days to get back to me otherwise i'm going to file a claim (N1 i think), who do i send this to, how many copies do i need and what "damages" can i claim? i would assume as it is just data protection, i can only claim the £10 plus the court costs-(have had a read of hmcourts site but can only see how much the court costs would be if the claim is for money.. any help would be great! thanks.

Have a read of this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

You can't use MCOL for non-compliance so you will be filing paper N1's at your local courts you will need 3 copies of everything. 1 each for court, defendant and you. Go to the court asap and ask for a N1 claim pack.

If you are in receipt of certain benefits you can get remission of fees, but I think I saw some fees in that link.

Don't know what damages you might seek.

You could try and get the name of the Data Protection Officer for your bank and suggest to Judge to have him arrested as they have broken the law here

cheers for your help, filed court order on form N1 on 8th jan 2007 to sue for damages of £50 plus court costs plus a court order for them to release my data.. the very nice lady at the courts was very helpful, advised that if i just wanted to sue for damages plus court costs, that would cost £30. but if i wanted to issue a court order forcing RBS to supply me with the details as well as damages and court costs-this would be £150. i smiled, thanked her for her help and promptly issued an RBS cheque for the full £150 (ironic-huh?!?). i thought there was no point asking for damages and costs if i don't actually get my statements back..

she did ask me if i wanted to add a statement on to the claim form (that she had a stamp for) which i can't remember what it said but when i get the copy back i'll post it on here-sounded good though! she said that she could'nt tell me to put it on but said to read it and if i wanted to add it on she would stamp it on.. i think she was trying to give me a hint that it would be a good idea so told her to add it. Anyone know how long it's going to take for me to get either my statements or a reply from the courts or any progress at all????

not received anything back from courts yet, god damn that postie walks slowly from RBS head quarters!

received letter back today from courts, from what i can gather, because the head office is in scotland they get an extra 7 days to file an acknowledgement of service. the claim will be deemed to be served on 21st january and they have until 17th february to reply. roll on 17th feb, still haven't got my bank statements yet so i reckon i might be about 3 months away from my money back. gutted but at least have had a offer from HSBC of £366 less than my claim... and started claims at same time, so there's hope yet!!

hi there, received letter from rbs solicitor yesterday basics said were that this is the defence and that i don't have a case to issue a court order and cannot claim damages. saying that rbs have complied with data protection as they sent my statements on 22nd november with a covering letter and they also sent a letter on 23rd november about manual intervention... a few points i would like to send to this smart alec but i don't know whether i should send to him and a copy to the courts. these are, if the statements had been sent, why on the 29th december (after 40 days) did i ring my bank branch and the lady said "oh they've not been ordered, sorry about that but i'll re-order them and if you don't get them in 2 weeks give us a call"? why, also, did i receive all my statements, plus letters from me to them and vice-versa dated 11th nov (mine) 23rd nov (theirs) and a cover letter 14th feb from them today? if the statements had been sent in the first place with a cover letter dated 22nd nov, why is this not in with the rest? surely this proves the solicitor is [edit] and i want to proceed with my case against them for not complying with subject access req within the timescales... can anyone help? (ps have added my charges up and it comes to £3314.90 in 2 years which i will be sending a letter of seperately for etc on monday!)

Have they now produced your statements and anything else you wanted under S A R, but just late?

If so I don't think you have a case for non-compliance....they are just messing you about a bit here I think, testing your resolve.

Non-compliance cases are where they haven't produced what you were asking for within the 40 days, and is used to force them to hand it over.

I should concentrate on your prelim letter and put it down to experience.

thanks hydra, i think you're right there to be honest! sent prelim letter on 16th feb-amount is now £3339.90! can't wait for interest on that one! i've just done my LBA ready for 2nd march. i figured it would be better to have everything ready with this one as my other claim with hsbc is taking ages! do you think i should just leave the case for data protection or how do i tell courts to leave it now? do i have to wait for a reply from courts?

sent LBA on 2nd march, and going to submit my N1 on monday to court. given up on the other case for Data protection and told courts that it had been satisfied, now just want my money.. could really do with a holiday after all this!! to say i started this back in november, it finally seems like there's a light at the end of the tunnel! anyone know how long it takes from court case starting to actually getting some money back from these highway men?

got an offer letter exactly 1 week after I was supposed to file N1-luckily I was too busy to file and they offered £3339 (full amount). of course i filled in the form to accept the offer and got it in the post the same day, rang the number on the letter and the lady said that the money would be in my account within 10-14 working days ( so they have until 16th April). unfortunately, since then i have already moved all my dd and pay and stuff to another bank, and have incurred some charges from RBS since...as soon as that money goes into this account i'm going to withdraw what's left, shut my account and do another claim!!!