Capital one delaying CCA request.

[ims21]

Hi

 

If its any help, what I would do is write to them saying that they are in breach of the DPA and you are now considering further action to force them comply. State that this will take the form of a formal complaint to the Information Commissioner and/or Court Action as you think fit and give them 14 days to fully comply.

 

That sends a shot across their bows and they know you are going to take this further.

 

You have still left your options open as to which or both routes you end up taking.

 

ims

[ims21]

Hi Goatan

 

Sugested amendments are in red

 

How does this look as a letter?

The Data Controller

Capital one,

Trent House

Station Street

Nottingham

NG2 3HX

 

 

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: 5460 9761 9190 7644

 

I refer to my subject access request dated 11/4/2011 for the disclosure of personal data.

 

I have not received a complete list of transactions and charges, statements, notes or documents relating to instances of manual intervention.

 

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

 

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

I note that you did comply with my CCA request in the same letter so there is no reason not to comply with my SAR request. I also note that you have cashed the postal order of £1 for the CCA and £11 (£11?) for the SAR.

 

The time for compliance with my request has now expired. If you do not comply fully with subject access request within 14 days, I shall apply to the Information Commissioner and or the county courts to enforce compliance and seek any damages the court deem appropriate.

Yours faithfully,

 

Hope this helps

 

ims

[ims21]

Hi

 

You didn't actually need both a cca and sar as the latter would have sufficed.

 

However, and in my opinion it shouldn't really matter....they banked both payments.

 

If they failed to read the correspondence in full then that is their problem as far as I can see.

 

In any event, they are now getting a reminder anyhow.

 

ims

[ims21]

Here we are doubling up again Citizen....must stop meeting like this!

[ims21]

I just re read what they sent in there CCA reply this is the relevant bit "I acknowledge your request for a subject access request (SARS) and have pass this request to the relevent department who will contact you shortly" seems they did realise it was two things. Hopefulyl the reminder will prompt them into action.

 

Well there you have it goatan.......over to them:-)

[ims21]

Well it seems capital one have still ignored my new letter so thats 40 days plus 2 and a half weeks they have had to supply the information. Really could do wiht some further advice im goign to raise a complaint with the ICO. But im very interested in going to court about as this as thyey are being rather blatent in there ignoring of my letters any advice on this would be gratefully recived.

 

Hi Goatan

 

Ok...two options are

 

1 Write to Cap1 saying that the are in breach of the Data Protection Act for non compliance with a Subject Access Request and advising them that you have lodged a formal complaint wih the ICO in order for them to force compliance

 

2 Send Cap1 a 7 or 14 day lba (Whichever timescale suits you) telling them that they are in breach of the DPA and if you do not receive your information you will be issuing in court to force compliance and that in that action you will be naming their data controller and seeking damages at the court's discretion.

 

ims

[ims21]

Hi

 

Sorry...forgot you'd done an lba...silly me for not looking

 

Did you read the thread and associated threads from the link that CitzenB gave earlier in this thread. That will tell you exactly.

 

Personally I don't think you have to go to an ombudsman....there is a breach of the law here and a court is a perfectly reasonable route to go for law breaking.

 

Others will correct me if I'm wrong

 

ims

[ims21]

Hi goatan

 

Are Cap1 threatening action against you? If not its not necessary to post the agreement as it doesn't have any bearing on the potential reclaim of charges or ppi at the moment.

 

For those claims, the important thing is to get the SAR business sorted out.

 

ims

[ims21]

Hi

 

Credit card charges are still fair game.

 

Your ppi claim and the charges claims are two distinct issues and are different claims.

 

ims

[ims21]

So I have to claim them separately?

Yes as they are two different things

Do I still use the same spread sheet to calculate the charges.

Yes you can use a different copy of the same spreadsheet

 

Regards

 

ims