help non compliance---swift advances

[karenscollie]

hi at the end of last month i sent of for my sar with the £10 fee to swift advances which i got in 3 days however there was fees missing ,fees was not broken down etc and i was sure that they was not including some data, on the 9th oct i sent a non compliance letter to them but i have had no reply all letters are sent recorded and know they have received it ,they had 33 days to comply on the 9th oct ...what do i do now ? should i send another letter ...if so does anyone have a template of what i should be sending...thanks

 

karen xx

[hagenuk]

Hi Karen

 

Send them the appropriate letter from this page.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

I would suggest the final one, post number three. If you do not receive a satisfacory response, then look here and begin an action against them in your County Court for non-compliance.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[karenscollie]

hi and thanks for the fast reply just worked out that their 40 days is up on the 11th of november should i wait till then? the last letter i sent was template 1 of the link you gave me in the previous post thanks again

karen x

[hagenuk]

Hi Karen

 

There is no harm in reminding them of their obligations, but do bear in mind you are not trying to find a new pen friend.

 

In your position I would send the reminder letter again, edited appropriately as you are sending it again and enclose a copy of your first letter.

 

Inform them that they have XX days to comply and that you will not extend the deadline for compliance but will issue a County Court claim should the deadline expire.

 

You may wish to add a paragraph such as this.

 

I am prepared to accept that this is a genuine oversight on your part and look forward to receiving the information I requested. However, should the statutory 40 day deadline expire without receipt of the information that I have requested I will be left with no alternative but to commence a County Court action under section 7 and section 15(2) of the Data Protection Act 1998 and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

[pkelly]

Hi Karen

 

There is no harm in reminding them of their obligations, but do bear in mind you are not trying to find a new pen friend.

 

In your position I would send the reminder letter again, edited appropriately as you are sending it again and enclose a copy of your first letter.

 

Inform them that they have XX days to comply and that you will not extend the deadline for compliance but will issue a County Court claim should the deadline expire.

 

You may wish to add a paragraph such as this.

 

I never got all my details after my SAR request, they even said they had stuff they were holding on to.

I dont know whats happening now they seem to have `huffed` and will not answer my letters

[42man]

If you have sent a Subject Access Request to Swift and they are 'holding' documents, then a LETTER BEFORE ACTION giving them 7 days, there is NO reason NOT to comply with a SAR under the Data Protection Act...

[pkelly]

If you have sent a Subject Access Request to Swift and they are 'holding' documents, then a LETTER BEFORE ACTION giving them 7 days, there is NO reason NOT to comply with a SAR under the Data Protection Act...

I know that they got 2 SDAR requests sometime ago more like 80 days and maintain the guy who signed for them does not exist????

but the po has a signed sig.

so dont hold your breath folks