Non Compliance with Data Protection Act Subject Access Request

[melaniebree]

I have applied for my statements from NatWest Bank Plc. They have banked the £10 cheque but are now 11 days over the 40 day limit and i still have no statements despite various chasing letters/faxes.

 

i have now prepared an Application to the court for pre-action disclosure however i am unsure if this is possible or enforceable as i was under the impression that some kind of protocol had to be in place before an Application could be issued.

 

without any statements i cannot guess how much my claim is worth. i would be grateful for any help you can offer.

[dolly]

There are some helpful pointers HERE and HERE.

 

Hope that helps

[simon nicholas]

I have applied for my statements from NatWest Bank Plc. They have banked the £10 cheque but are now 11 days over the 40 day limit and i still have no statements despite various chasing letters/faxes.

 

i have now prepared an Application to the court for pre-action disclosure however i am unsure if this is possible or enforceable as i was under the impression that some kind of protocol had to be in place before an Application could be issued.

 

without any statements i cannot guess how much my claim is worth. i would be grateful for any help you can offer.

I am about to start a claim against Natwest.

Where did you get the address to request of charges details?

[martinpar]

Simon, I am in exactly the same position as Melanie. I used the address from the information commissioner link on the SAR template page.

[melaniebree]

the information commissioner did nothing for me. i eventually issued an application for pre-action disclosure at the court and natwest took that very seriously. i am not allowed to divulge the result to 3rd parties but my claim is over and i'm buying a new car.

[karens25]

thanks for that melanie.. nat west didnt respond to my sar and ive been hesitant about taking them to court for non compliance.. encouraged by your story ive decided to go ahead... not least because i want a new car!!!! well done

[melaniebree]

i didnt issue for non-compliance. i filled a N244 (Application Notice).

 

if you want the wording that i used, then i can e-mail or fax a copy of it to you along with a template of my statement and the relevant order i requested.

 

it was prepared by one of the solicitors i work with and worked a treat! think it took 2 days for statements to arrive.

 

the thing is you should give two weeks' notice before issuing against them so write a letter today and then you'll have two weeks to prepare the paperwork. it's not that difficult.

[melaniebree]

i wrote to my branch to get details of charges but they've managed to lose a few cheques when my friends have done the same. you're best calling your branch and asking where to send the request to.

[martinpar]

I think you might have misunderstood my post. I was saying that I got the address to send the SAR from the link on the SAR letter template page, which is a link to the information commission website. It gives you the address which is registered for data storage by your bank. Would seem to be the most correct address to use.

 

Still no sign of my statements so sending an lba today. Melanie, I note you say 14 days when the information on here suggests 7 days. Is that because you used a different court procedure with the N244?

[karens25]

hi melanie

sorry i misunderstood.. obviously you feel the application for pre action disclosure is a better way than the n1 form for non compliance.. thing is i dont really understand the legalities of this.. sorry to be so dumb.. id be very grateful for your help.. could i pm you my email address and you could send me the relevent info.. although i have sent them a letter before action regarding their non compliace giving them a further 7 days to come up with the goods.. needless to say they havent!! can i now proceed the way you did..(given the fact that ive already threatened them with court action and not carried it through!) think perhaps you should have your own template section!!

thanks karen

[blueskies]

Questions such as these are much better asked in the relevant forum for your bank as they can be answered by people who have already experienced the situations.

 

This forum is designed mainly for people to introduce themselves and get started on the very first steps and as such experienced users rarely venture into here.