Dilemma

[Yaesu]

Hi guys.

 

I need some advice!

 

I am claiming on behalf of my niece.

 

To cut a long story short.......

 

The bank have consistantly failed to comply with my S.A.R - (Subject Access Request) despite several requests/letters and ample time.

 

I submitted an estimated claim which we believe to be realistic and a true reflection of the charges likely to have been taken from my neices account.

 

It is now time to file a court claim as both time and my patience has run out with the bank.

 

Can I actually file a court claim of an estimated amount?

 

Obviously we want to claim interest as allowed, the question is, as I have little to go on, can I file a claim where the interest has also been estimated?

 

Thank you in advance for your help.

 

Y

[monopoly23]

You need to read this thread.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-dpa-non-compliance-particulars.html

 

This is to file at court when they have ignored your SAR and should force compliance. It's a big pain when you cant even get your statements.

 

You should also inform the bank that if they dont comply within 7 days you will start court action without further notice. Use this:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

That's if you haven't already warned them. If you have, just file at court.

[adarling2006]

before you do anything like that, file for non compliance with your SAR request, the court will rule in your favour and then you get the documentation to procede with your charges case. that's the way i'd do it, plus you would be entitled to compensation for their failure to comply in time.

just abit more work for you to do but would be better than making an estimate of the charges.

[monopoly23]

Thats exactly what I put?!?!

[adarling2006]

i noticed, just after i had wrote it mate lol.

[monopoly23]

Oh right. It just seems like recently I keep being corrected then the exact same info is provided lol. No problem