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Quick questions before sending 7-Day Notice letter after unanswered SAR


Hannay100
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A Bank has failed to reply to my SAR letter within the required 40 days, and up to this morning my £10 fee cheque has not been cashed though that may be for manipulative reasons if some comments are to be believed. I am about to send a 7 day notice letter.

 

Posted at the same time as the SAR to the same address/office was a separate CCA letter with the required £1 fee. That cheque also has not been cashed, however I received a reply with the requested paperwork just a few days after writing. Both letters sent by Recorded Delivery, signed-for receipt has been verified via RM onliine tracker.

 

Is there any benefit in referring to the CCA letter and reply to support my position in my 7-day notice letter pursuing SAR, or is the reality that whether they are being manipulative or whether there has been a genuine oversight they will only follow a formal path anyway, and this additional information may be more useful undisclosed and provided to court/ FOS in substantiation should this go bad and need escalating?

 

Thank you.

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Which bank is this please?

Personally I wouls pursue CCA and SAR at the same time.

Failure to comply with the CCA request means you can place

the account formally in dispute.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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They have obviously received your requests (you have proof of this). So despite their not cashing your cheque they are in default of your requests.

 

I am undecided if it would be wise to send one letter covering both requests as they will be dealt with by different departments I think.

 

You could I suppose send two separate letters, in the one envelope. However, put a covering letter in confirming that their are two non compliance letters in this envelope. Please ensure they are provided to the relevant department.

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Thank you both for your speedy responses, that was unexpected and is most appreciated.

 

It appears you may have misunderstood me. As I have said, despite the £1 fee cheque still not yet having been cashed I received the CCA fine just a few days after sending the request.

 

Just the SAR is outstanding, with the required time for response now passed. I am about to send a 7-Day Notice letter, and will happily follow-through with Court action if they still do not provide the appropriate information.

 

My query is simply whether in this 7-Day notice letter it might be useful to refer to the fact that my CCA letter sent at the same time has been received and replied to despite it's fee similarly having not yet been encashed.

 

Part of my thinking is to demonstrate that they have acted already on a separate formal request made at the same time without seeming to have cashed its fee, and that not having cashed the SAR fee does not therefore leave the door open to say that it was not received or has been lost in the meantime should it be a ploy to see how far I am prepared to take things, or to be able to claim that they had no record of my request despite the RM delivery receipt.

 

I also had it in mind that should it end up with me taking them to Court after all, would the fact of the CCA letter sent at the same having been replied-to despite its cheque also not being cashed be more beneficial to me if not mentioned now but instead presented to the Court to support the indication of potential deliberate non-cooperation on the Bank's part?

 

And thank you Brigadier, it is Lloyds

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Ahh There is a specific centre for SARs to Lloyds on the south coast I believe.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thank you ... however is that definitely the case?

 

I was guided to use this address below when enquiring on here at the time.

 

Data Unit

Lloyds Banking Group

Freepost NWW15306

City House

City Road

Chester CH88 3YZ

 

See also http://www.halifax.co.uk/securityandprivacy/privacy.asp

 

Do you have an address for the South Coast premises if that is in fact the correct location, and do I have to start all over again with another SAR + 40 days to there?

 

Or maybe I should send the 7-day notice letter there and they will make internal enquiries? I could always send them a copy of the original SAR for information/awareness ...

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Is anyone able to comment further, particularly regarding the matter of the correct address as there is now some possible concern over which should be used, see Brigadier's last comment above and my response please.

 

I had wanted to get the 7-day notice letter out today, but given the possible uncertainty that I may have used an inappropriate address already I don't want to do so and possibly be wasting time ...

 

Thanks for anything useful.

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Lloyds Bnk

Charlton Place

Charlton Road

Andover

Hants

SP10 1RE

 

Is the address for SARs to be sent to.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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No, you shouldnt have to start your request over again. They are obliged to pass your request to the correct department.

 

Sorry, misread your earlier post, yes, you can indeed refer to the fact that they have responded to your CCA request so you dont quite understand why they have been unable to fulfill the SAR. That even if the address sent to was incorrect, then they should have ensured your request was passed to the relevant department.

 

 

Send this current letter to their Head/Registered office - they should be able to sort out what has happened for you.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I have just returned and found your kind follow-ups waiting, thank you. I have an informed way forward now, and with a little juggling should hopefully get to a reasonable next-stage.

 

Thanks again!

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