SAR request stayed citing OFT case?

[larneylarnes]

Hi

 

I have three claims in court at the moment regarding subject access requests, two for me and one for my parents. One of mine is progressing although the bank are dragging its heels (surprise) but the other two have been stayed by the judge citing the OFT case.

 

I have tried to get one of the stays lifted but my application was dismissed. The gentleman i spoke to at the court said unofficially this may be because the judge is not getting the time to read the documents in enough detail to distinguish that this isn't connected with bank charges. I didn't ask for hearing, which in hindsight was a mistake - but any ideas? I thought the SAR route was a straight forward one - am I wrong?

Thanks v much

Larnes

[larneylarnes]

Bump

[tomterm8]

What are the terms of the order? Does it state that they you have the right to appeal it since it was heared ex parte? (sometimes they do).

 

Otherwise, just send a new application, as dpick says.

[larneylarnes]

Hi all, thanks for replies.

 

The order says the application was dismissed and that:

 

'"any person who was not served with a copy of the application notice before the making of this order may apply to have the order set aside or varied. The application must be made within 7 days after the date of on which the order was served on the person making the application".

 

It is dated 17/10/07 but the date at the top of the form is 20/10/07 although I know it was at least a couple of days after this that I received it because by its own admission the courts are snowed under at the moment.

 

I think the only course is to send a new application, ask for a hearing and pay another fee! Am a right in thinking that I am entitled to this info, so although I am having to go round the houses to get it, I will eventually? It's just that it's proving to be rather expensive!!

[oneofakind]

What is your claim for? Is it for non-compliance with your SAR request to the bank?

[larneylarnes]

Hi thanks for reply, yes they are all for SAR non-comp.

[dpick]

Hi re submit you application for removal of stay and as first sentence state this is NOT a reclaim of charges case.

 

all the best dpick

[larneylarnes]

AAAAAArrrrrrrgh!

 

I finally got an order from the Judge for HSBC to comply with my SAR request, originally filed in June 2007!!

 

They had until 19/11 to comply. Today I received a letter from DG saying that in order for them to comply they have had to re-process the SAR. Because this involves a lot of documents they want me to advise when I will be in so I can sign for the delivery. I do not want duplicates of everything they have actually managed to send me and have written asking them to confirm they will only be sending stuff that relates to the order and that HSBC have, finally complied. I know for a fact that one of the loan agreements is missing, because I have it in writing that it was 'lost in transit', although they are of the opinion that they have enough info to prove that I am responsible for the debt, blah, blah.......

 

Ok, feel better now I've got off my chest. But honestly, what is the point of going to Court if they just completely ignore it? What is a girl to do to get her information!!

 

Hope everyone else is having better luck than me.

 

effect

[42man]

Well done...

 

Did you get compensation for the non compliance with the SAR ?

[Bincrunched]

Well done...

 

Did you get compensation for the non compliance with the S.A.R - (Subject Access Request)

 

 

Hi 42man

 

Sorry to butt in, but I was unaware that you could claim compensation for

non-compliance with the S.A.R is that true? I'm pretty new to all this!

 

Regards

 

Bincrunched

[supasnooper]

Hi Bincrunched,

 

Apologies to larneylarnes for the hijack, but yes, if you have to go to court to enforce the S.A.R - (Subject Access Request) you can ask the court for damages and costs.

 

If you need any further help or advice then it would be best starting a new thread :-

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

as you'll get advice that is specific to your query \ problem and you'll be able to find your answers far easier.

[larneylarnes]

I got costs, but this only amounted to loss of wages for attending court on the day plus travel, the judge said I wasn't entitled to damages??

 

I had incurred about £500 of costs in postage, letter writing and also claimed loss of wages for two days when info that was supposed to arrive by courier didn't turn up until the following day.

 

I just want my info or confirmation that it's not coming so that I can take a view on how to proceed with missing loan agreements, PPI claims etc. But it seems that this is going to continue to drag on.

[Bincrunched]

Hi supasnooper,

Thanks for taking the time to respond. I wasn't aware that I could claim compensation. I learn something everyday;)

Thanks again

Bincrunched

[scampy]

Hi All

 

Can someone give me the wording to go to court as crapquest have not complied with my cca request and i am going to be proactive in chasing them for compo and removal of entry on my cra file , i think we should all be getting more proactive now with this great forum.

 

There is no point in sending letters to capquest for cca and S.A.R - (Subject Access Request) as they ignore most of them, so get them requested through the courts, also capquest will think twice in my humble opinion about going after a debt which they cant prove at court as they cant produce a cca or S.A.R - (Subject Access Request) or notice of assignment etc.

 

So why let capquest be in control of your actions, be proactive and write to the dca throgh the courts, any advice and tips from anyone who has experience of taking them on to prodce cca and sars via the courts after the time limits for cca and sars have lapsed would be appreciated.

 

Get a result against crapquest fast and dont let them bully you, ask for the cca and sar through the courts so that it is recorded through the courts and the judge will be likely to find in your favor especially when crapquest dont turn up.

Edited November 21, 2008 by scampy

[larneylarnes]

Today I lost faith in the whole court system.

 

I was back in court. It transpired that the schedule to the court order of 22.10.08 listing the specific documents I was waiting for in order for compliance of the original SAR of June 2007 was not passed on by HSBC's representative on the day, hence why I was getting random letters from HSBC telling me they had reprocessed the original request.

 

They still hadn't fully complied by today and in court the Judge gave them ANOTHER 21 days to fully comply. Outside the court HSBC's representative told me that was pointless because HSBC will not be able to comply with the order and that the bank were confident that even without loan agreements it would be able to prove that they debt was enforceable and continue to register a default.

 

Long story short, I have two loan agreements in default totalling £19000, a current joint account defaulted for £300 all comprising of charges and my ex-partner's account defaulted for £48 all comprising of charges.

 

After 21 days if HSBC haven't complied, I can apply for costs and damages. I can't remember the exact wording of the order, but will post more when I get a copy.

 

I truly don't know where I go from here. I have spent the day on CAG trying to find some case law that backs up the no agreement, no enforceable debt, but I can't find any and if I continue to take this forward I am at risk of incurring massive costs to HSBC..

 

Any advice on my next step?

[42man]

LL.....I presume this is in result to some of your other threads.....can you update whichever one it was please ? - you'll find All your threads here - http://www.consumeractiongroup.co.uk/forum/search.php?searchid=2290367

[42man]

And there is relevant case law..... - have a read of this defence... - http://www.consumeractiongroup.co.uk/forum/legal-issues/156156-help-mum-being-taken.html#post1665130

[larneylarnes]

Thanks for the link to the case law, 42man, I will take a look.

 

My post on this thread is in relation to this thread, if you see what I mean, the claim was stayed at one point, which I got lifted, and it has been going on a very long time. Also your link to my collective threads doesn't work.

 

Thanks

[42man]

Click on your own name....and click on 'all threads'

[42man]

If you still can't find them click on show all statistics on the right hand side, THEN click on show all threads by LL

[larneylarnes]

Thanks again 42man, will get reading and work out my next step!