Non compliance SAR - Scottish Courts

[sleepyhead]

Has anyone taken Bank to Court for non compliance of SAR in Scotland?

 

I have made complaint to ICO, and have been very patient with Barclaycard but now as it is nearly 3 mths since request for information I'm prepared to force it through the Court. They're just taking the mick now, apparently info has been sent out to me twice!!!!! No way!

 

Any advice/help very welcome.

 

Thanks

[ck2046]

Hi Sleepyhead,

 

I am in a similar position to you and wondered if you'd had any luck yet?? BOS have failed to respond to my SAR and tomorrow's their deadline for getting my info to me... don't want to let this slide incase they try to stretch it out further!! Best of luck with yours!

[sleepyhead]

Hi CK

 

Thanks for your reply. Still no info from Barclaycard despite hasteners etc. Sadly no other replies/help to my question about non compliance procedure in Scottish Courts. I am in England for a few days visiting family which I do regular so I may well use English county court to kick BC up the bahookie. I used English court to get 6yrs back from Halifax rather than more complicated system in Scotland for 5 yrs.

Let me know how you get on.

[ck2046]

Hey,

 

Well I havehad a little bit more luck - although not much! I rang BOS and the guy I got through to a helpful a guy who i have been dealing with since. Apparently the bank have never recieved any of the letters I have sent (SAR and then the LBA for not complying with the SAR!) I told the guy that it was completely untrue as they had been sent recorded delivery...and my £10 cheque cashed! So he stuck me on hold again. It turns out that BOS now have a special dept for dealing with the repayments, ufortunately there is no phone number (even for BOS staff apparently to call!) and they can only be contacted by email...by BOS staff! My husband had success when he got to this point (he too only receiveds a small portion of the paperwork he asked for!) so I am waiting to be called back. I've told them I will still proceed with the court order, feel that if I don't then they'll keep on ignoring me!!

 

I can't believe what a struggle it is even getting our paperwork!! I wonder how many other people are in this position?

[lori1]

I am also in same position and looks like i will have to visit the sherriff court tomorrow, i will keep u poted on how i get on, my initial request for statements was 19th dec so they r now way over time scale despite phone calls and faxes i have gotten nowhere.

[ck2046]

Good luck on yours Lori! Who is yours with? The delightful BOS too?? Am feeling like I have lost sight of what I should be asking for, I need to just demand my statements and stop letting them mess me about!! Surely it's not that difficult?!

[sleepyhead]

Please let me know how you get on at Sheriff Court. I went today to basically to pick up info/forms which I will read later. They were unable to advise which form(s)/track I would use to get Bank to court for non compliance of Data Protection Act. Perhaps I'm the daft one here but I did think that they were there to help on this kind of query!

[lori1]

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/7054-data-protection-act-taking.html

have a read through this link it explains that the courts are not really sure themselves about which track you should use, i believe after reading this that it is possible to use small claims track, have a read over section 8 should clarify your position ( i hope). its not BOS for me its nationwide and if you look at my thread on nationwide you will find some more links for non-compliance.

hope this helps. x

[sleepyhead]

Thanks Lori your help and link very much appreciated.

 

I've lost a whole day on here searching and reading up on court procedure and just realised I haven't even had my tea yet!!

[lori1]

I know, lol it does take all your time and you really have to know what your doing but if you have any questions dont be afraid to ask someone will come along who knows the answer, people are very friendly dont be afraid to ask questions and dedicate some time to it (lots!)

[lori1]

oh and go and get your tea!!!!!!!!!