SAR been ignored, what to do next

mitzy2010

hi, I sent a SAR to the dmc i was with because of lots of mistakes have come to light since leaving them and they ignored my request to send me proof of payments on my behalf, they have kept the money and ignored me, what do i do next?

Also it is "allowed" for the dmc to discuss my other debts with a creditor?

DVardysShadow

Sue them for all the money you have paid them. Your evidence is whatever evidence you have of havng made payments, plus your SAR letter and their lack of reply.

mitzy2010

I havnt got the money to sue them, i just want to see all communication between them and creditors, also i would like to see proof of the payments. I have statements that say things like paid creditor £59.72, but when looking at the creditors statement they have recieved £59.60 along with payments that never reached the creditors.

do you know what i can say legally to them because they have taken the money and not responded?

thechippy

I can dig something out for you, but it will probably be tomorrow evening if that's ok.

mitzy2010

That would be great, thanks for your help

thechippy

No problemo...;)

thechippy

Actually,

You can just send them a basic reminder that they have not complied with your SAR. Tell them you will give them another 7 days to comply and you will then be reporting them to the ICO.

Remember that they have 40 days to respond to the original SAR.

mitzy2010

ok thanks il do that, and see if they respond. If they dont shall i just report them?, its really annoying as it could answer so many questions

thechippy

Yep,

Report them if they don't respond. These morons need to be taught some lessons and stop thinking that they are laws unto themselves.

..Then get back to us here and I'll dig up something more legal to send them.

mitzy2010

Fabulous!! thanks very much, il keep you informed

fatbelly

What can I do if the organisation does not comply with my subject access request?

If you have sent all the necessary information (including any fee) and
•the organisation does not respond to your request within 40 days; or
•you are not satisfied with their response;

you should send them a reminder letter by recorded delivery (and keep a copy of the letter).

If you do not get a reply fairly quickly, or you think the information you receive is wrong or incomplete, you can:
•ask us to carry out an assessment to see whether it is likely or unlikely that the organisation has responded properly; or
•take legal action through the court. For information, please see Taking a case to court.

Our assessment will tell you if it is likely that the organisation has broken the Act and may help you decide whether to take legal action. However, you can take a case to court without asking us for an assessment.

taken from

http://www.ico.gov.uk/for_the_public/personal_information/how_manage/access_info.aspx