Taking Santander/GE money to Court for SAR failure

[pumpytums]

Hi everyone,

I sent a SAR to GE-money last year the response a 9 year old account nothing about the one they sold on.

 

My question is I originally sent a SAR to GE, GE cards are now owned by Santander. The partial reply I got to my SAR was from Santander. All followup letter have been to Santander including the LBA.

 

Who should I issue the claim against? Santander or GE. Santander/GE share the same contact address for SAR info.

 

I have found some links (thanks 42man) for the claim I just need the advice on who to take to Northampton.

 

 

Havinastella V Lloyds TSB

 

Starting a court claim for SAR non compliance

 

The Fox V Cap1 (DPA SAR Enforcement)

 

 

Thanks in advance

 

Pumpytums

[palomino]

Why do you want to issue a claim?

 

If you want to agitate then you should first lodge a formal complaint with the Office of the Information Commissioner.

[pumpytums]

Can I do both? The assignee has now issued a claim against me, the OC is completely avoiding their resposibility. I need the data + comms log for my defence/counterclaim.

 

I agree the Information Commissioner would have been the best course but the clocks ticking.

 

Thanks Palomino

 

 

Pumpytums

[pumpytums]

Ok I have all my POC sorted.

 

Is it ok to use the online Moneyclaim, or do I need to post the forms to my local court?

 

Thanks in advance

 

Pumpytums

[pumpytums]

Ok here is my POC.

 

I'm going to file via moneyclaim if I can otherwise I will print and post.

 

 

Particulars

1.The defendant is a data controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the

claimant is a subject.

 

2.The Claimant had x accounts with the Defendant. blah blah dates etc

 

3.On the , the claimant sent the Defendant a Subject Access Request pursuant to Section 7 of the Data Protection Act 1998.

 

4.The Defendant has failed to fully comply.

 

5.By virtue of the Defendants failure to comply with the Subject Access Request, the Claimant has suffered damage.

 

6.The damage cause is:

Extra costs incurred due to the Defendants failure to fully comply – this includes additional costs of correspondence, document preparation and

time spent seeking legal advice. The Claimant estimates these costs to be ££££££

 

7.The Claimant seeks an order that the Defendant do comply with the Claimants Subject Access Request.

 

8.Under the terms of Section 15(2) of the Data Protection Act 1988, where the Defendant contests that information requested under the Claimants

Subject Access Request is not included within the scope of the Data Protection Act 1988, the Claimant requests the court inspects that

information, and where it finds that the Defendants opinion is unfounded, that it orders such information to be included within the information

supplied to the Claimant under the Subject Access Request.

 

9.To remind the defendant of their obligation under Section 7 is supply all data held by their company irrespective of the dat of such data. If

it is contended that they do not hold such data before such a time, could they confirm this by providing a certificate of destruction.

 

10.Damages and costs within the discretion of the court.

 

Thanks

 

Pumpytums

[silverfox1961]

Whilst having not much experience, I will help as much as I am able.

 

After a little checking around I think there are dangers in using the N1 route. How are you going to quantify damages. Are additional costs damages?

I had minor panics when I realised that when I put my N1 in that the damages I was claiming for were purely extra costs but it was settled before it came to court anyway.

 

I had a look at N208 instead (ignore my PM) as I think that could be used as an order for disclosure with no monetary claim involved (apart from costs)

 

I did notice that you have used havinastella's POC. I used that one too.

 

What has been omitted from your SAR?

[pumpytums]

Hi Fox,

I have 2 accounts with the OC one they have supplied the data the second absolutely nothing. The first account is of no consequence, however they both have the same OC (now our Spanish friend). I have written and phoned they simply refuse to send anything on the second account which has been sold and is now subject to a claim. Ideally I want the SAR info as I believe its missing big chunks. But the cash would be nice.

 

I'm only claiming for time, costs and materials so it well sub £200.

 

I will be shortly claiming the PPI and fees however once I get my SAR.

 

Pumpytums

[pumpytums]

Hi fox,

you are correct just looked it up on the ICO site

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

 

I want them to answer a question and then claim the costs for their breach which is upto the judge. This could become very interesting if I can prove their failure is causing me damage in my case with the assignee. I will fill the N208 in tonight and post up latter.

 

Should I leave my current costs out do you think and just leave the Damage and Costs within the discretion of the court?

 

Thanks for you help

 

Pumpytums

[zingy]

Subbing.

[pumpytums]

Ok just looked at the N208 this is the correct path to get them to comply however its £150.

 

I'm going to issue them a claim via MCOL, this will be for my costs with their failure to supply my data via my SAR. This will not get me disclosure of the data, but I will use the damages to fund the N208 action. Unless they decide to send the info in which case I will still take the costs and get the data. So my POC now looks like the following I have taken off every reference to then supplying the data.

 

1.The defendant is a data controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the

claimant is a subject.

 

2.The Claimant had x accounts with the Defendant. blah blah dates etc

 

3.On the , the claimant sent the Defendant a Subject Access

Request pursuant to Section 7 of the Data Protection Act 1998.

 

4.The Defendant has failed to fully comply.

 

5.By virtue of the Defendants failure to comply with the Subject Access Request, the Claimant has suffered damage.

 

6.The damage cause is:

Extra costs incurred due to the Defendants failure to fully comply – this includes additional costs of correspondence, document preparation, time spent seeking legal advice and issuing claim. The Claimant estimates these costs to be ££££££

 

7.Damages and costs within the discretion of the court.

 

The only thing they can argue with is the costs and I have a breakdown.

 

They have not supplied the info under the data protection act. How can they argue differently?

 

Thanks

 

Pumpytums

[silverfox1961]

I was thinking about this earlier.

 

If this is the information you need to be defending the claim they have brought against you, shouldn't you be sending the claimant a CPR request?

[pumpytums]

Hi Silver,

I sent one CPR 18 & 31.14, they sent a few odd months statements and the CCA plus some wrong T&C. Something is very wrong somewhere the OC refuses (verbal) to discuss or send the full statements. And the assignee seems to want to avoid mentioning certain things they referred to in their POC and have glossed over in their AQ.

 

Time will tell on their claim front, theres that is.

 

I'm hoping the MCOL claim will flush out some info, prior to the DCA getting their dirty paws on it. And stop any potential alleged creativity.

 

 

Pumpytums

[pumpytums]

Ok just to tie this thread up,

I never took them to court it came very very close literally 2 days before I had the funds.

 

To finally get my SAR out of them I spoke to their Credit Data Management department on 0871 522 5085. They are very helpful and I got my data.

 

So if they are late on your data give them a ring. I hope this may help someone. This is for GE Money Cards/Santander Card Services UK.

 

Technically I could still take them to Court as it to 7 months to get the info, but I'm happy with what I got and its very useful indeed.

 

So if you start getting letters from Link Financial about an old GE money account send your SAR off to Santander Cards ASAP. And chase it up, could help you greatly.

 

Pumpytums

[silverfox1961]

I'm glad you got this sorted, although the question of why they refused is still to be answered.

Me, being the belligerent bu**er I am, would still report them. Saying that, the ICO and the FOS are about as much use as a chocolate fireguard.

[pumpytums]

I know exactly why they were been so obstructive. As their favourite bed partners are a well known DCA who's owner has a nice 20million home.

They have an arrangement with the above company to buy back certain securities, if they fail.

 

It could all be a big misunderstanding and coincidence but considering that by not releasing my info a certain company have everything to gain, I do wonder.

 

The other odd thing was that the CCA and 6 month worth of statements found their way into the hands of the DCA rather quickly but it took me 7 months.

 

It seems strange that nothing happened until I phoned my letters always went unanswered. It was only when I sent a letter basically I'm now taking you to court that I got any joy.

 

Pumpytums