non-compliance of subject access request

[42man]

After 40 days is up send them a letter headed LETTER BEFORE ACTION, send them also a copy of your original request and tell them the date they signed for the rec del letter.

 

Have a look at letter #3 here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

[frettful38]

Thanks 42man, just opening up the envelope and putting a copy of the original request in to it,

[davey77]

The LBA could be used as a scare tactic to give them a nudge. Personally i am of the mind these days that if you send an LBA you must follow through with the threat should they not comply/ignore it.

 

Worth trying though as they could well cough up.

[frettful38]

Thanks Davey77,

 

Don't worry I will follow it through, I am just on my way to my Post Office to post this LBA letter to them. I will let you know what happens.

 

I think this site has bought a lot of peace of mind to many people including myself. People did not know what rights they had or how to execute them. I wish I had found it earlier, but better late than never hey

In the past as soon as ever got a letter from a DCA I would pay up there & then including all the charges, even if I didn't do it I'd say I did. I think thats how these people scare us in to paying, and frankly I have had enough being scared, time for us to fight back. Thanks for advice

[frettful38]

I think these S.A R's are brilliant. Its been years and I mean years that I have been trying to get information out of solicitors and various companies in the past. I even tried going through solicitors to get the information that I needed, I wrote loads of letters requesting this too, but never did I ever get a satisfactory response.

Now when I discovered what a S.A.R was you can understand how relieved I was. I know what I wanted to ask them but did not know the right words, but the S.A.R sums everything up in one hit.

I have received 3 S.A.R's back from out of the nine I have sent and so far all three of them are dodgy. I have found a lot of info in them that I was not aware of, boy this is going to be a lonnnnnnnnnnnnng investigation for me. But I have learned a lot from this site and its wonderful people, and basically found out much more than I needed,

 

So just a general thank-you to everyone for all they have done so far,

[frettful38]

Sent L.B.A on 23/01/09 for CCA no reply yet

Sent L.B.A on 23/01/2009 for S.A.R no reply yet

Sent L.B.A on 19/01/2009 for OH's S.A.R no reply yet

 

 

What are the next steps please if I don't get a reply soon.

[supasnooper]

Firstly. complain to the Information Commissioners Office that HSBC have not complied with your SAR request - you can do this online at Complaints - Privacy & electronic communication - ICO

 

This will cost HSBC £500 for being incompetent ignorant idiots.

 

After the LBA, you'll need to issue a court summons (list the damages at £150). Listing the damages at £150 will mean the cost to issue will be £30.

 

IF you wish to take them to court for non-compliance, this will cost £30.00

 

Follow the guide as it is written especially for non-compliance

 

Data Protection Act Non-Compliance - Particulars of claim -j

 

Download the N1 form here.

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

[frettful38]

Thanks for that supasnooper for that very informative reply. I will just wait to see tomorrow's post, if I do not hear anything then I will do what you have advised above,

 

 

Once again thanks very much for everything,

[frettful38]

Oh one more thing, what do I do if I have not had my cca reply, I have sent them a LETTER BEFORE ACTION. Does the same procedure apply or should I just wait a bit longer even though they are over the time limit?

[frettful38]

How many complaints can you make to the Information Commissioners Office. If I have several complaints regarding non-compliance's of Subject Access Requests, will they take each one individually?

[palomino]

I wouldn't set too much store by the Information Commissioner.

 

My wife made a DSAR to HBOS last July and, when they didn't comply, lodged a formal complaint with the Information Commissioner. Last week she received a letter from the Information Commissioner to say they had investigated the matter with HBOS and HBOS said they were going to comply, and therefore the case is closed.

[davey77]

Haven't had much experience with the ICO but it's true that i wouldn't put much store in them actually doing anything for you. You should certainly complaint (make as many complaints about different lenders actions as you like) but it should be seen as a formality and to put a little bit more 'pressure' on the lenders and you never know, you may get a fair result from it.

At the end of the day, regulatory bodies don't have your best interests at heart, so it's up to you to get a result you want.

 

Have you looked at the Civil Procedure Rules route (Pre Court Action.)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/173201-why-you-shouldnt-use.html

[ScarletPimpernel]

HSBC make a habit of this signature game. They also sometimes say that they can only process a Subject Access Request if you've filled in their in-house form - this is nonsense - Information Commissioners Office says as long as it's clear that a document is a Subject Access Request, it can be in any format.

 

When I went to sign at an HSBC branch, I signed, got the staff member to witness it, then scrawled over it in marker pen to prevent any future creativity.

 

In my view HSBC consider mendacity a standard business practice and are not to be trusted.

 

ICO are fairly useless - all they're likely to do is send (probably after several months), a letter to HSBC asking them to comply. The only way to make them comply is to take them to court - Noomill060 has successfully done this (with another company), and got damages for non-compliance.

[frettful38]

Very good advice davey77 and just as I thought, I have sent them three. I don't think I will do anymore. Personally I thinks its better doing it yourself, because when you involve a third party sometimes they can make the situation worse than it already is and I am speaking from experience.

 

I will wait and see what reply I get, if it is not satisfactory result then I will have to do it myself, and I agree with your comments about these regulatory bodies 100%.

 

Thanks for your advice and let you know what happensxxxxxxxxxxxxxxxx

 

 

Thanks palomino for your advice much appreciated xxxxxxxxxxxx

[frettful38]

You beat me through it scarletpimpernel,

 

I think your right too, I think it will be better to cut out the middle man and go straight for the kill. That's what they have been doing, I will wait a few more days and start court proceedings with the help of you great people.

 

Waiting for the ICO will only take more longer, and we really want to get things moving.

 

Take care and thanks for your help. xxxxxxxxxxxxx

[legalpickle]

Firstly. complain to the Information Commissioners Office that HSBC have not complied with your SAR request - you can do this online at Complaints - Privacy & electronic communication - ICO

 

This will cost HSBC £500 for being incompetent ignorant idiots.

 

After the LBA, you'll need to issue a court summons (list the damages at £150). Listing the damages at £150 will mean the cost to issue will be £30.

 

IF you wish to take them to court for non-compliance, this will cost £30.00

 

Follow the guide as it is written especially for non-compliance

 

Data Protection Act Non-Compliance - Particulars of claim -j

 

Download the N1 form here.

 

The requested resource (/HMCSCourtFinder/tiles/Her Majesty's Courts Service -Forms and Guidance) is not available

By the way the ICO does not charge companies £500 for complaints. It is the FOS that charges them £500 for the case fee [after the first 3 complaints per year which are free, last year it was £450 for the case fee].

 

To the best of my knowledge the ICO does not charge the companies anything for a case fee. The millions of membership fees [of £35/year] cover that, as most of the companies are small companies that never have complaints against them, but are just registered to abide by the law. Any company - even a small store - that holds customer information must be registered with the ICO.