How to force SAR compliance - help needed

[rory32]

Hi,

A couple of my CC companies have made no response to my SAR. The 40 days as of tomorrow are up so I will be sending off the LBA giving them another 7 days to comply.

I'm thinking though as they haven't bothered their shirt to reply within the 40 days they may choose to ignore the LBA or simply be too incompetent to respond in the timescale.

Does anyone know what the legal proceedure is for getting a court order to force compliance as it looks like I may need to go down this route.

[maroondevo52]

Hi, Rory32.

 

Go into the Bank Templates Library...........Data Protection Act.........Non -Compliance, Template Letter 3. Send them that and you should get a reply.

 

Regards.

 

 

Scott.

[maroondevo52]

Hi again, Rory32.

 

Sorry I have just noticed, I think that's the letter you have already sent them. I do not know what happens next, maybe someone else can help.

At least this has bumped up your thread.

 

Regards.

 

Scott.

[rory32]

Thanks Scott

Yes that's the letter I've just sent them, but I'm not expecting them to comply within the 7 days as I haven't even had an acknowledgement from them so far even though the original request was sent recorded so I can prove they got it.

[maroondevo52]

Hi, Rory.

 

Have you tried going into the CAG Chatroom, there will be someone in there who can help.(I hope).

 

Regards.

 

Scott.

[rory32]

Thanks Scott

Tried that but know one seems to be quite sure. I think I'll pop into the CAB later this week and see if they can offer any advise. Failing that I may just consult a lawyer and see if I can claim the expense back as part of the claim.

I will post the outcome as I'm sure there will be other people who find themselves in the same position sooner or later.

 

Rory

[rory32]

Hi have today received a letter from GE Money (just one of the many now in default) saying as requested please find a list of transactions blah, blah, blah.

I must advise however, unfortunately after extensive enquiries (yeah I bet), on our retrieval system , we experienced problems attaining a small number of statements (then goes on to list the ones missing).

I appreciate this does not fully meet you requirements etc (too damn right it doesn't matey)

I can confirm that there has been no manual intervention on this account.

Should you require any further assistance, please do not hesitate to contact us.

Yours sincerely........

 

So have as of today sent them this letter back:

 

David Cunningham

Customer Services Manager

GE Money

PO Box 700

Leeds

LS99 2BD

19th April 2007

Dear Mr Cunningham

Re: Subject Access Request

 

Thank you for your letter dated 18 April 2007. In this you state that you are unable to retrieve statements for September 2003, June to August 2004 and November 2004 to January 2005. I am surprised to be informed of this, as the Inland Revenue require companies to hold ALL their (and by default their customers) account/business transactions for at least 6 years (normal practice would be at least 7 years due to financial years being in April and delays in tax accounts processing).

You also do not appear to be able to retrieve statements from October 2004 to the present date, as you have not included these either.

I would also question how you can confirm that there has been no manual intervention on this account when your records appear to be so incomplete.

Once again I will state I require A COMPLETE LIST OF TRANSACTIONS AND CHARGES RELATING TO MY ACCOUNT HISTORY WITH YOUR ORGANISATION. Alternatively, a complete set of statements, appropriately filed, for that period will be acceptable.

Your 40 days for compliance was at an end as of 15th April 2007. On this date I sent your company a Letter Before Action giving you a further 7 calendar days to comply (to 22nd April 2007). In this letter I stated failure to comply with my Data Protection Act Subject Access Request dated 6th March 2007 would result in my seeking of a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice. I will also seek any costs I have incurred such as fees for legal advice.

 

You still have until 22nd April 2007 to avoid court proceedings. If you choose to ignore this date and continue to be obstructive in this matter I will have no other recourse but to ensue court proceedings against you and report your actions to the Information Commissioners Office on the basis that you have breached the sixth data protection principle of The Data Protection Act 1988.

I trust this clarifies my position on this matter.

I await your considered response.

Yours sincerely

Mr Rory32

As todays the 19th I don't think they'll be able to meet the 22nd deadline, so on-line complaint will be filed with Info Commissioner on Monday. Apparently you can force SAR compliance by just doing this but I would like to take them to court as well just because I don't like being f**ked about. I'll let you know how it goes.

A case of tears before bedtime at GE Money I would think.