Woolwich - SAR: Failure to comply (10 months)

[sparks]

I originally wrote to the Woolwich with my 'Subject Access Request' in May 2006 - they responded 10 days later saying that as my account had been closed it would take 'some time' to get the information from Head Office. I heard nothing further.

 

After 6 months spent overseas I have finally go round to requesting repayment of charges from SMILE, Halifax, Nationwide, and Nat West.

 

When I contacted the Woolwich again this month I was advised to send a new SAR to Barclays!

 

I have posted Barclays a letter today giving them 14 days to comply before I submit a complaint to the Information Commissioner AND go to Cout to compel disclosure.

 

Letter sent to:

Adrian Whalley

Radbroke Hall

Knutsford

Cheshire

WA16 9EU

 

Lets see how they respond.

 

Sparks

[welshcakes]

Hi sparks

 

Too right, you have a written response from last year where they acknowledged your SAR request and have likely filed it away (in your customer file or the bin) and forgotten about it...not your problem.

 

You could actually have made an online complaint to the ICO already however I think you need to wait now as you have provided them with an option of 14 days further grace to get the info to you.

 

IMO it's absolute poppycock when they write back and say it takes more than the 40 day grace just because an account is closed but I guess they will have given no more thought to this still being a pursued claim by you so hopefully you should get something back next week. Stick to the 14 days, don't waste time given anymore time, they've had ample

[sparks]

Thanks welshcakes.

 

BTW, does the Woolwich's delay mean that (by the time I get a list of my bank charges) I will have lost out on nearly a years worth of charges because of the 6 year rule - or could I argue that the six years point is marked from the day I sent my original SAR? I think I read that somewhere!

 

Sparks

[welshcakes]

No, don't worry, the six years is from the date you sent your original SAR.

[sparks]

I sent a further letter to Barclays Data Controler (advised by Woolwich to contcat Barclays) advising them that after 10 months of waiting for my statements they were definately in breach of the Data Protection act! No response.

 

I sent a Letter Before Action advising them I would go to court to force disclosure. Their time is nearly up so after the weekend I need to submit my MCOL.

 

I have a question.... the template section this site includes advice on the Particulars of Claim that I should put on the MCOL or N1 form. But I am wondering what I can claim as costs...particuarly for time preparing document - is there a set hourly rate I should claim...otherwise my cost are just £3.00 for postage!!!

 

The advice in the template section says..........

 

 

6. The damage (and distress) caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £...........

 

Add any further things that can be clearly quantifiable, and to which you can provide proof.

 

Can anyone help me with this?

 

Thanks