Chris1977 vs HSBC - SAR non-compliance

[chris1977]

Have they complied or not? s.13 covers the damages argument.

 

Thanks for that Chris. As far as I'm concerned, no they haven't complied. I've had the majority of the data sent to me now and the bank are of the impression that they have now complied, however, they have not provided copies of any agreements and don't intend to. So I still need to go for an order to comply and damages. The above post looks spot on so I'll add that to the Other Information section and get the AQ sent off today.

 

Cheers

 

Chris

[car2403]

Thanks for that Chris. As far as I'm concerned, no they haven't complied. I've had the majority of the data sent to me now and the bank are of the impression that they have now complied, however, they have not provided copies of any agreements and don't intend to. So I still need to go for an order to comply and damages. The above post looks spot on so I'll add that to the Other Information section and get the AQ sent off today.

 

Cheers

 

Chris

 

I think you need to clarify the reasons why you think they haven't complied, in that case.

 

You say they haven't, they say they have... It's tit-for-tat at this stage.

 

For me, as this is a small claim, that has to happen at the exchange of documents stage - as that could happen simultaneously, (you send them yours and they send theirs to you, both at the same time) I'd be tempted to send them this;

 

CPR Part 18: Request for more information

 

Dear Sirs,

 

With reference to the claim above, I note the content of your defence.

 

In order to clarify the content of your defence statement, which I think the Court would agree should be done prior to the exchange of documents, I would like you to note the content of this letter.

 

In your defence, you state that;

 

"3. The Defendant asserts that it has discharged its obligations to the Claimant pursuant to the Data Protection Act 1998."

 

 

Please note that I am of the opinion that you haven't discharged your obligations, for the following reasons;

• Reason 1...
  
• Reason 2... Etc
  

If you could clarify the meaning of paragraph 3 of your defence, or offer further information in response to this query, I would very much appreciate it. If we can establish the basis of the dispute surrounding your compliance with my request, the Court should be able to deal more effectively with the issues at hand.

 

I look forward to hearing from you at your earliest convenience and within 14 days of your receipt of this request.

 

Yours faithfully,

 

Depending on their reply, you'll either come to an agreement that they have/haven't complied, or you'll get more information that you can use in your witness statement at a later stage.

[chris1977]

Man you're good!!!

 

Can this be sent off at the same time as the AQ including the "other information" you suggested in your earlier post? Obviously I can't wait for their response before filing my AQ as I will miss the deadline.

 

Also, is everything you've mentioned so far covered in CPR or is it a combination of that and personal experience? It'd be really useful to know and might save me asking you so many questions.....

[car2403]

No, send the AQ in on time and send that letter to HSBC asking for the information.

 

Also, is everything you've mentioned so far covered in CPR or is it a combination of that and personal experience? It'd be really useful to know and might save me asking you so many questions.....

 

Ah... right...

 

The reason I've asked you to do as I have is that I wanted to keep the reason for it off the thread. Prying eyes will know what is going on I'll send you a PM, Chris

[chris1977]

I'll send you a PM, Chris

 

Thanks again

[chris1977]

Received this from DG Solicitors today:

 

We refer to your letter of 20th June 2008.

 

Our client has provided you with personal information it holds about you. Our client has already acknowledged and accepted that it responded late because the request was received by the Data Protection Office until 30th April 2008.

 

Our client has also confirmed to you that it was unable to provide email information because of system failure and has since provided you with that information.

 

A Data Subject Access Request is a request for disclosure of information held not documentation and as such our client is not obliged to provide you with copies of contracts or agreements under a Data Subject Access Request.

 

We fail to see what possible damage or distress has been caused by our Client’s delay. Further we consider that our client took care in circumstances as was reasonably required to comply with the relevant requirements of the Data Protection Act.

 

Yours faithfully

 

DG Solicitors

 

Are they seriously admitting in one sentence that they failed to comply within the prescribed timescale, then in the next saying that they don't see how I can have a claim? :-?

 

And what's that nonsense about a SAR being for disclosure of information and not documentation???

[car2403]

Received this from DG Solicitors today:

 

 

 

Are they seriously admitting in one sentence that they failed to comply within the prescribed timescale, then in the next saying that they don't see how I can have a claim? :-?

 

And what's that nonsense about a S.A.R - (Subject Access Request) being for disclosure of information and not documentation???

 

They are trying to confuse you, I'd say.

 

If they have admitted they replied late, they can't now defend on the basis that they didn't - this letter is important, so you need to include it in your bundle if you do get to Court. I'm assuming it doesn't say "without prejudice" on it, does it?

 

Also, surely their argument over damages is at the discretion of the Judge - at the very least, because of their admission, you can reclaim all Court costs and your time bringing the claim at the £9.25 litigant in person rate, regardless?

 

I think you'll see a settlement offer before you get to Court, but work out your schedule of costs to date and send it to them, stating this is what you intend to claim via the Court.

[chris1977]

They are trying to confuse you, I'd say.

 

It's working......

 

If they have admitted they replied late, they can't now defend on the basis that they didn't - this letter is important, so you need to include it in your bundle if you do get to Court. I'm assuming it doesn't say "without prejudice" on it, does it?

 

Not a mention of without prejudice. Their Defence now has absolutely no weight behind it in my opinion.

 

Also, surely their argument over damages is at the discretion of the Judge - at the very least, because of their admission, you can reclaim all Court costs and your time bringing the claim at the £9.25 litigant in person rate, regardless?

 

That's certainly my understanding.

 

I think you'll see a settlement offer before you get to Court, but work out your schedule of costs to date and send it to them, stating this is what you intend to claim via the Court.

 

Good call

 

Cheers

 

Chris

[chris1977]

Schedule of costs to date has gone in the post to DG today......

[chris1977]

Received an Order from the Court today, to file with them by 31st July a copy of the original SAR and the bank's response. I'll send them all of my follow-up letters as well as the bank's numerous responses - including the one where they admit to missing the deadline - otherwise the Judge won't be able to make a proper assessment of my Claim.....

[Castlebest]

Hiya chris make sure its all very easy for a judge so see exactly what he has and read it quickly, they don't get a lot of time to prepare for any case and much as your case is very important to you it may not be in the scheme of things passing through the judges in tray .

 

do a little mini bundle with an index listing the letters you have sent and a few words stating what you think it says .

 

pete

[chris1977]

Hi Pete. Thanks for the tip I'll throw it all together over the weekend and pop it in the post first thing Monday morning.

 

Cheers

 

Chris

[chris1977]

Settlement agreed on this one. 6 days before the hearing date though, so missed out on a refund of my listing fee from the court by one day! Still, a result as far as I'm concerned, and gives me more time to concentrate on the Default Removal (hearing listed for middle of next month).

 

Cheers to everyone for their help with this one - it's very much appreciated, and I'll make sure I donate shortly

 

Chris

[car2403]

Nice.

[Castlebest]

Well done Chris

[Tonka99]

Hi Chris

 

Just to say well done

 

Cheers Tonks

[chris1977]

Thanks all

[johnnymitch]

Goes for me too, Chris - a good result - congratulations!

[chris1977]

Cheers Johnny

[citizenB]

Just discovered this and might need to follow in your footsteps. Well done.

[chris1977]

Thanks CitizenB, and good luck. If I can help at all, just give me a shout.

[tinkerbell20]

Well done!!

 

Did they just pay damages or did they actually provide a copy of agreement or confirm they don't have it??

[chris1977]

Thanks Tinkerbell. They don't have an agreement or they would have disclosed it as ordered in my Default Removal claim, so I didn't see the point in forcing this issue.