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non compliance of SAR


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I was just wondering if many people have had to go to court for non compliance.

 

I'm in the position where I will be filing my court papers against Barclaycard on Monday...I've got all the info I can but I'm still nervous about it. Just wanted to hear from people who have already been through this process.

Halifax

 

S.A.R - (Subject Access Request) sent - 30/1/2007

Prelim letter sent asking for total of 1571.52 - 15/3/2007

LBA sent 30/3/2007

court papers filed

Offer letter received - £1495.13

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i am at the court stage with yorkshire bank.

 

they have filed acknowledgement of service saying they are going to defend, i dont think they have actually read the court papers because they sent me a letter 2 weeks before i issued court proceedings stating they had not complied with sar, so how can they defend.

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I am at court stage with MBNA and they have said they will defend. What they are defending i do not know. I issued a SAR under DPA plus ID plus £10 fee, gave them 40 days (plus 2 to be kind) and as they hadn't supplied any information at all I started small claims proceedings for disclosure. I did send a letter before action about ten days before the deadline.

Just what exactly they are defending I have no idea. Except they are in extremely serious trouble as such offences can mean custodial sentences. They are playing for time for some reason and I suspect it's because they don't have the proper info but we will see.

I also reported to Information Commissioner too and suggest everyone else in this position does the same.

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I sent a LBA to barclaycard and complained to the Information Commissioner as well....

 

I will be filing my court papers for non compliance against them tomorrow.

 

I dont understand how banks can defend this when they are clearly in breach of the data protection act??

Halifax

 

S.A.R - (Subject Access Request) sent - 30/1/2007

Prelim letter sent asking for total of 1571.52 - 15/3/2007

LBA sent 30/3/2007

court papers filed

Offer letter received - £1495.13

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I took the cop-op to court for non compliance and ended up with data over nine years old when they had told me previously they didn't have anything older than 6.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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luke...I didnt actually file in the end as I received my statements today...but if you want a hand with what letters to send etc send me a pm :)

 

Amy

Halifax

 

S.A.R - (Subject Access Request) sent - 30/1/2007

Prelim letter sent asking for total of 1571.52 - 15/3/2007

LBA sent 30/3/2007

court papers filed

Offer letter received - £1495.13

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Luke

 

I put some info in my thread, GLenn Vs Co-op with a suggested POC if it helps.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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What should I do next?. Bank has cashed cheque for ten pounds enclosed with letter requesting statements but statements have not been recieved. Cheque was cashed 2nd March. Have phoned bank (Clydesdale) was told someone would phone me back but have not recieved a call. Whats my next step ?

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there is a template letter somewhere in the templates section. for non compliance of SAR it gives them a further 7 or 14 days.

 

Thats what I sent but yorkshire bank still did not comply ive now issued court proceedings

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And Im adding to the list as well with Barclaycard!

 

I sent them the normal DPA SARS request & got a lovely letter back saying I would receive my info within the 40 days - but nothing!

 

Sent an LBA on the 2nd April....& nothing again!

 

Ermmmmm, I dont know where to go really?

 

I have seen the templates but do I just send another letter with the template info changed to my personal circumstances, or do I have to go to MCOL & file online????

 

Confused!!!!!!!!!!!!!

 

Many thanks!

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Hi

I too am about to star this with RBS.

What extra cost are people claiming for?

Just postage costs or time as well,if so how much?

RBS have been messing about for ages it's been ping pong letters

Any advice appreciated

Debs

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