Using court route to enforce SAR request

[postman6065]

Hi all, wondering how to go about applying to court for damage due to failure of Rbs & barclaycard to fully comply with SAR request.

 

I had a look at small claims forms but couldnt see any thing that would fit for this type of claim.

 

Any help greatly appreciated.

[maroondevo52]

Hi,

 

It's not something I've come across in the Scotland Forum yet but I would think if you phoned or visited your local Sheriff Court the Clerk would help you with that.

 

There's some info in this 'link'..................................

 

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

 

I'll have a look around see if I can find anything useful.

 

Worth looking at this from the Govan Law Centre....................

 

http://govanlc.com/yourcomment.htm

 

Regards.

 

Scott.

Edited October 8, 2012 by maroondevo52

[Conniff]

You will have to show that the failure to supply an SAR has cause you actual loss.

[postman6065]

Could loss be classified as having to send loads of letters to ask them to comply as well as dealing with a DCA whom they passed the debt on to & having to do loads of research in ways of trying to get them to comply.

 

Cheers

[Conniff]

If those costs were a direct result of not receiving the paperwork, then it would be.

Damages are usually associated with contracts and would be a claim of assessment of actual losses.

[postman6065]

Could I charge them for sending them letters & dealing with the DCA eventhough the account was in dispute?

 

Cheers