Stu V Abbey SAR FAILURE QUESTION

stu1975

esmerellda wrote: »

mindzai & lucid v lloyds per chance ?

this was pre test case, and was out of court. the banks were too scared to go into court and was pretty much a battle of wills as to who would back out first. Things now are entirely different, as you know. You can include it in your claim as we don't know what the courts will decide regarding restitution etc but I wouldnt count of receiving it especially any time before the end of the test case.

Thats the one, I couldn't put my finger on their user names.I know, I followed their cases with great interest.
It's so different know though, the process is still the same(more or less) but with the test case who knows what is going to happen or how long it will take.
I have put my estimated claim in with just the stat interest.
I am gunning for Abbey more on the SAR failure at the moment as I can ammend the amount when they decide to get there finger out of their bum!
Incidently, I am sending the letter tomorrow and I will then be away on holidays until 25th September, so they would have had 18days to comply, if they don't (I don't think they will) would you say its better file for non compliance through local court on MCOL.

Thanks for your help.

Stu

esmerellda

Definately through the County Court for non-compliance with your Data Protection Act request.

Some County Court staff are unused to this type of claim and therefore you must ensure that they do not advise that you file it as a Pre Action Disclosure under CPR Part 31 or a claim under CPR Part 8 as both of these options attract higher court fees.

It is important to stress therefore, that the Information Commissioner has indicated that these claims are to be treated as Small Claims Track claims .

Do not let the clerks give you any other forms to complete. This claim should be filed using an N1 Claim Form and must be filed at a County Court, MCOL cannot be used.

stu1975

Cool, thanks for that Esmerellda, I will post the letter off tomorrow and see what lies for me when I return from 100 degree heat of the Caribbean lol.

Thanks again

Stu

esmerellda

Yeah yeah rub it in

Have a great time xxx

stu1975

stu1975 wrote: »

Ok so claim is in and at LBA stage, I have issues with SAR failure from when this account commenced(claim to be ammended).
Can one of you non compliance experts have a look at my draft letter for failure, I am going to send this off on Monday.

Thanks Guys


LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account:



I am in receipt of the documents that you have supplied in response to my Data Protection Act information request dated 30/7/2009. The disclosure of personal data is incomplete in that at least the following documents are missing.



1) You have failed to provide a complete list of transactions and charges, You have provided me with a list of "charges" from August 2003 until December 2006, then full statements from 2008 until todays
date.
2) you have failed to provide any data from the date the account was opened in 1999 to 2003 and nothing for 2007
3) You have provided no notes, or documents relating to any legal action between you and myself.
4) You have provided no notes, or documents relating to instances of manual intervention.

What I require

1)I require full statements and or lists of every transaction since the account was opened, going back to 1999 when this account commenced.
2)Any data held in any form from when the account(S) commenced until todays date, 1999-2009
3)Any of the above points 1 to 4
4)I also asked Abbey to supply me with copies of all the data which you hold on me in relation to any matter and in any form for any period of time, please note that I require disclosure of any personal data which you hold on me for the entire dealings with you, this includes the above named account,ex joint account blah blah, mortgage account blah blah and any settled loans and credit cards.

This is not an exhaustive list by any means, it is just an example of some of the information I am missing.

Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.

The time for compliance with my request has now expired. If you do not comply fully with my Subject Access Request within 7 days, I shall apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

Yours faithfully,

Ok so here goes, got back from my hols this morning to find a few things from Abbey.
First of all, they have not even responded to the above letter and have had over 90 days in total to fully SAR and they have not so it looks like I am going to court on this one as my claim is based only on the statements that I do have and not all of them, any pointers on SAR failure (court claims would be a help).

Now, this is the suprising bit, whilst I was away Abbey have paid in to my account £450 as an account adjustment, now lets remember that I am not claiming under hardship and they haven't sent any correspondance as to what this is for, I am assuming it is a GOGW and of course I am happy about this but as I have been away for a few weeks I am not sure if anything has changed regarding Abbey and their weird and wonderful ways.

So lets be clear, No full SAR(90 days) and no response to LBA for SAR failure, not claiming hardship and £450 GOGW any ideas???


Stu

natweststaffmember

Ask them stu, this is their complaints department with regards to hardship but they might be able to help in respects of what is happening:
0845 600 6014 open between 9am and 5pm

stu1975

Well I spoke to Abbey today and they have no clue what the payment is for and have still had no letters from them, just shows as an account adjustment, pretty much like when my other two claims where paid back in 2007, mmm. On the Sar failure would it be advisable to use (CAG's) template and POC's??
Incidently, I received another set of statements supposed to be from Jan 07 until today date(missing 2007) and the transactions clearly start from Jan 2008 not 2007 even though the statement heading says so.
Still no full SAR for other Abbey accounts and mortgage so I really need to start ball rolling now but have been busy at work this week, Argh!!!

stu1975

In respect of my Abbey claim, they do not know why I was refunded £450 in to my account when I am not claiming hardship, on to the point of SAR failure, filed today with POC as i've been soooo busy at work.

NATWEST- Argh!!!

Had more than 90 days to SAR and recieved a letter today from them(RBS) stating that they can not find any details of me on their system and sent back my cheque.They want my bank account number and sort code, I have told them I do not have it and have given them all my other details, name, address at the time, DOB, opening branch and the month etc etc etc.

Any ideas where to go from here with the NATWEST

Thanks S

natweststaffmember

stu1975 wrote: »

In respect of my Abbey claim, they do not know why I was refunded £450 in to my account when I am not claiming hardship, on to the point of SAR failure, filed today with POC as i've been soooo busy at work.

NATWEST- Argh!!!

Had more than 90 days to SAR and recieved a letter today from them(RBS) stating that they can not find any details of me on their system and sent back my cheque.They want my bank account number and sort code, I have told them I do not have it and have given them all my other details, name, address at the time, DOB, opening branch and the month etc etc etc.

Any ideas where to go from here with the NATWEST

Thanks S

I love natwest cos they are funny. Do you know which branch you opened the account at?
If you do ask them to do a search on the NatWest Archive for your details.

stu1975

cheers mate will do, I will fire a letter off in the morning, it was the Stockport Branch where I opened the account,