wobs v Yorkshire Bank ***WON***

[wobbles]

is it fair to ask for £50 for damages through non compliance of sar for letters sent and time taken to write letters and photocopy proof of accounts.

 

The postie has just been and not a sausage from yorkshire bank. but i will wait till 1-15 before trip to court.

[Lancs Lad]

I would (will if given the chance!).

 

If you made a late payment, do you think they would give you the same consideration? Not likely! Probably charge you on the spot.....Imagine sending them a letter saying something like "I am sorry I am unable to deposit my salary into my current account this month as I do not have the funds due to a high volume of outgoings. I will make the deposit as soon as possible, in ther meantime I thank you for your understanding". Imagine their response????

 

The reason they have such a high volume of requests is because their charges are so high! Oh the irony!

 

LL.....

[RossD1968]

Wobs......be careful about asking for random amounts back.....they might ask for evidence of manual intervention....or for you to prove that your charges are reasonable!!!!!

 

[wobbles]

Thanks for the advice but i have reciepts for recorded delivery and special delivery letters sent, also paper, ink, envelopes, electricity, I bet it all adds up to more than £50

[johnyboy]

It is great to hear how everybody is co-operating on this and I certainly look forward to starting my own actions in the very near future.

 

I am really interested by the fact that YB appears to be using a standard template for non-compliance with SAR.

 

Is it not possible for all these separate letters to be collated by CAG and provided to the CO, MPs and Press en-masse to demonstrate this.

 

Let the banks know that if they are templating such things then it will be made obvious through co-operation.

[caro]

What we suggest is that any complaints are addresses individually to, for example the ICO, and they will have to do something about it, especially if they get a lot. The ICO has had words with Clydesdale Bank before when they refused to send anything before July 2005.

 

If you look in th CAMPAIGN forum you well see other suggestions about who to complain to.

[wobbles]

Just been to local court, couldnt get there on friday so yorkshire bank have had my SAR 73 days now and still not fully complied with it.

 

The 2 ladies in the court were very helpful but I did have to state to them is was not section 8.(as stated in post 49)

They then agreed to take my £150 fee and show it to a judge.

 

they even asked for the website address so they could start there own claims

[caro]

Just goes to show the courts aren't that scary after all. lol

[wobbles]

Received Notice if issue this morning from court (for non compliance with SAR)

 

Claim Issued 19th March 2007

Sent to Defendant first class post on 20th March 2007

Deemed served 22nd March 2007

 

Also received N10 Notice that acknowledgement of service has been filed.

Defendant filed acknowledgement of service on 22nd March 2007.

Indicating an intention to defend all the claim.

 

Some how i dont think Yorkshire bank have actually read the N1 how can they defend non compliance of SAR. (they actually wrote to me weeks ago admitting they have not complied.

[caro]

Oh dear Wobs, maybe they've got other things on their mind at the moment after the revelations in Whistleblower on Wednesday. Lets hope they get their act together!

[wobbles]

do you know how I will have to fill in the allocation questionare for non compliance of sar?

 

Also what would i need in court bundle just in case it goes that far.

 

I need to start working on it all now to make sure i have everything right in plenty of time.

 

They filed acknowledgement of service on 22nd march 2007 indicating an intention to defend all the claim

[sajabu2003]

Wobbles you might want to take at look at this thread Glenn vs Co-OP Posts #7 & #8. Glenn_UK filed against Co-op for non compliance to SAR.

 

Sarah.

[wobbles]

thanks for the link Sarah.

 

unfortunatly thats no help to me, i have already submitted the claim, which yorkshire bank intend to defend. So I have already done my particulars of claim, its the next stage im going to need help with.

 

But Thank you anyway

[sajabu2003]

Damn sorry

[Glenn UK]

Wobbles

 

where is your thread with all your details in it ? What is in your particualrs of claim?

 

Glenn

[wobbles]

its on here somewhere i dont know how to post a link its

 

wobs v yorkshire bank

 

I just have to nip out to give football trophies back to league

 

i will be back in about half an hour and will post particulars of claim then

[Glenn UK]

wobbles

 

post then in your thread so that it will be easier for others to follow.

 

GLenn

[wobbles]

Thank you both

 

right here is what i submitted on N1

 

Brief Details of claim:

Order under section 7 and section 15(2) of the data protcetion act 1998

 

Value:

Damages £50

 

Particulars of Claim:

 

1. The defendant is a data controller within the meaning of the data protection act and is responsble for the proccessing of data of which the claimants are subjects.

 

2. The claimants had account(s) number(s) xxxxxxxxx, xxxxxxxxxx "the account(s)" with the defendant that were opened on or around 1998.

 

3. On 15th January the claimants sent a subject access request, pursuant to section 7 of the data protection act 1998 to the defendant.

 

4. The defendant has failed to comply.

 

5. By virtue of the defendants failure to comply with the subject acces request the claimants have suffered damage.

 

6. The damage caused is :

Extra costs incurred in addition to court costs, due to the defendants failure to comply- this includes the cost of additional correspondance and time spent preparing documents and seeking legal advice. We estimate this cost to be £50.

 

7. The claimant seeks an order that the defendant do comply with the claimants subject access request.

 

8. Under the terms of section 15(2) of the data protection act 1998,where the defendant contests that the information requested under the claimants subject access request is not included within the scope of section 7 of the data protection act 1998, the claimant requests that the court inspects that information, and where it finds the defendants opinion is unfounded, that it orders such information to be included within the information supplied to the claimant under the subject access request.

 

9. Damages and costs within the discretion of the coourt.

 

Amount claimed £50

Court fee £150

Total amount £200

[Pen]

Hi Wobbles,

I am at the same stage as you in relation to my SAR claim, Mine was issued to Lloyds TSB but I would also like to know what to put in a AQ, do you get AQs with filing a summons for SARs I don't know? so I would be interested to hear your replies.

 

Pen

[caro]

The Bank Templates Library is usually the first port of call for most court documents and the standard AQ there should be fine, without the draft directions. It merely deals with which track to allocate the claim to and is highly unlikely to be anything other that small claims. I don't think you need get too far ahead of yourself as YB have 28 days from date of service to submit their defence before you get the AQ. I think it's unlikely they won't have complied by then.

 

You could also visit the CAG Statutes Library to read up on the Data Protection Act. Have you complained to the ICO as well? There is a lot of info on their website, and they are also helpful when you phone.

 

I wouldn't begin to worry about a bundle yet.

[wobbles]

thanks for that caro, will start reading in morning.

 

Im just panicking now, I will ring ICO first thing monday morning.

 

Pen if anything on here is any use to you, feel free to jump in any time

[caro]

You have loads of time wobs and the ICO website might answer a lot of your questions anyway. Concentrate on what to do when you have the information as well as I think your energy would be as well spent on that, which you will definitely need.

[wobbles]

thanks caro your a star

 

you keep settling my nerves and putting me at ease

[caro]

I'll let you do the same for me sometime. I was terrified at first but the more I read, the more I understood, and the more confident I became. It really does empower you.

[kippy2]

I'll let you do the same for me sometime. I was terrified at first but the more I read, the more I understood, and the more confident I became. It really does empower you.

 

very very true. i was the same last march. but now well

 

wobs you will be empowered like caro says by the end of it all. and then you will think what was i worrying about

 

you reap what you sow