SAR deadline passed - IGNORE - found now.

[gyzmo]

I read somewhere a template letter for a court claim once a deadline for a Subject Access Request has passed. But now I cannot find it. Anyone know where it is - or did I hallucinate it?

Edited January 30, 2009 by gyzmo

[maroondevo52]

Hi, Gyzmo.

 

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

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

Regards.

 

Scott.

[gyzmo]

Cheers - just found it. Did try and change post title but cant seem to do that.

 

Sorry!

[maroondevo52]

Sorted

[Gilbert_O'Sullivan]

On this very subject, I explained to a judge at a county court at a preliminary hearing that the other side had not complied with a sar by 4 months and he just said to them, 'Will 3 weeks from now be enough to send to him (me)?' and that was it! They said ok.

 

What a load of rubbish the law.

[patdavies]

On this very subject, I explained to a judge at a county court at a preliminary hearing that the other side had not complied with a Subject Access Request by 4 months and he just said to them, 'Will 3 weeks from now be enough to send to him (me)?' and that was it! They said ok.

 

What a load of rubbish the law.

 

What did you expect?

 

The idea of taking the matter to a County Court is to force compliance - which you got.

 

Any offence for not complying with the deadlines in the DPA are for the ICO to prosecute in a Criminal Court

[Gilbert_O'Sullivan]

What did you expect?

 

The idea of taking the matter to a County Court is to force compliance - which you got.

 

Any offence for not complying with the deadlines in the Data Protection Act are for the Information Commissioners Office to prosecute in a Criminal Court

 

Tell me this edited why did the Information Commissioners Office tell me that they were unable to help with my complaint as the Subject Access Request was made in relation to the consumer credit act as a civil action? And that the IOC would not subsequently involve themselves in a civil complaint in any case?

 

And how did the county court take it upon themselves to force compliance on an issue that was essentially a criminal matter at that time as you yourself suggest?

 

What my post highlighted was the fact a sar was just ignored by a financial institution, the civil court just basically said 'so what, heres another 7 days' and any complaint to IOC is a case of 'nothing to do with us, leave it to a civil court!!

 

That period of non-compliance was ignored by all and was certainly not viewed as a criminal offence!

Edited January 31, 2009 by MARTIN3030
inapp remarks

[MARTIN3030]

Gilbert,Pat makes a valid point.

Granted,the ICO and FOS have very different roles.

There are ways to approach this,did you provide the Judge with all the supporting evidence ?

Also why did you not submit a draft order for directions asking for 14 days ?

I have edited your remark in the above post,please respect other peoples right to express opinions without the need to resort to personal insults or inuendos.

[Gilbert_O'Sullivan]

Oh dear, I apologise Martin and to pat, it was a slip without thinking and I shouldn't have posted that.

 

I'm sorry and meant no offence. Am I now barred?

[MARTIN3030]

Of course you arent barred Gilbert.No one reported it I saw it by chance so dont think people have got it in for you.

I am sure it will be forgotten thanks for the apology it goes a long way.

[gyzmo]

I was hoping that my little diary would by now be full of interesting legal bits and all the pedantic stuf that can make a difference. So far I'm battling to get even the most basic information. Shame really because the case I'm dealing with has quite a lot of interesting stuff in it. Still - I suppose it will be worth the wait!