Starting a court claim for SAR non compliance

[slick132]

Hi Lee,

 

Firstly, are you happy that you've given them enough time to reply with the missing data. You don't want to appear to the courts to be too quick to issue proceedings.

 

If you start compliance proceedings and they supply all the required data before any court hearing, you would proceed to court and seek your court fee and any nominal amount you are claiming for their non-compliance.

 

The court will not refund your fee normally.

 

Would you start proceedings in England or Scotland. If the latter, your thread should be moved into the Scottish forum where you'll get the appropriate advice.

[slick132]

Comments noted about 47 days so far.

 

However, playing devil's advocate, I would have given them 14 days to supply the missing items. And the clock for that would be from when you sent the follo-up letter about their failure to provide all the data.

 

[slick132]

Isn't the N1 used when you seek nominal damages from the bank for their non-compliance, which makes it a monetary claim.

 

[slick132]

I've seen other N1 claims for DPA non-compliance seek nominal damages of less than £50.

 

However, I'll see if we can get clear guidance on this from the Site Team.

 

[slick132]

Further to my post #13 above, Car2403 has answered as follows:-

 

Form N208 is the CPR Part 8 process, which is used for non-monetary claims.

 

Presumably, that poster thinks this process should be used for ordering compliance (specific performance) with the Subject Access Request.

 

Sadly they are wrong.

 

In short, the N1 is the Part 7 procedure, which is used whenever money is being reclaimed. You can include a request for ordered compliance with the Subject Access Request within a Part 7 request where a nominal amount is being claimed, but you can't include a money claim in a Part 8 claim.

 

They need to stick to Part 7 if they want money back, or use Part 8 if all they want is the Subject Access Request returning.

 

Incidentally, Part 8 claims would be much faster than a Part 7 claim. I have seem Part 8 being used where the money for failing to reply to Subject Access Request isn't important, but getting the information back would help move the OP's timescales along.

 

I'd post this on the thread, but there seems to be a mass of confusion around the Court process around Part 7/Part 8, so I'll leave you to add this. (I'll sub to the thread also)

 

I also feel a Judge would be uncomfortable with a money claim for failure to comply that amounts to over the Court fees for issuing the claim and £100 in costs.

[slick132]

From what Car advised, it's a claim on Form N1.

 

He should see this and may confirm for you.

 

Edited June 19, 2009 by slick132
typo

[slick132]

....and it may well be that they have responded to the court, who haven't yet told you or forwarded copy doc'ts.

 

So, before you decide how to proceed, speak to the court and ask if there has been any response from the defendant.

[slick132]

Hi Lee,

 

I've made a few tweaks as shown in red. Also moved the para about the court manager's response.

 

I've dropped the comments about using a consumer group website - some judges seem to look down upon the internet as a poor substitute compared to their knowledge and experience.

 

Good luck with this.

I made the above claim against The Royal Bank of Scotland, as they failed to fully comply with a Data Subject Access Request. After the 40 day time limit had expired, I wrote to RBS giving them a further 14 days to fully comply with my request. This was ignored by RBS, and so I commenced Court proceedings against them using an N1 (Part 7) claim form, asking for compliance and costs that I had incurred.

 

My claim form was accepted by the court, and RBS were given a deadline date of 1st July 2009 to respond. The day after the deadline date, I rang the court to ask whether RBS had responded, and I was told that they had not. I was then advised to send the 'request for judgement' form back to the court. I sent the form back, along with a brief covering letter asking that RBS comply with my request.

 

I then received correspondence from the court stating that I would have to pay a further fee of £150. As I have no legal training, I researched the matter and understood that the fee would only apply to a part 8 claim. As my claim was made under the civil procedure rules part 7 then a fee should not apply.

 

I wrote back to the court on the 25th August 2009 explaining that my claim was for damages and costs and therefore the civil procedure rules part 7 and 12 apply. As the claim is not a part 8 claim it should not attract a fee. I also asked for default judgement to be entered as the defendant failed to reply by the deadline date of July 1st 2009.

 

The court then responded with the following: Your letter dated 25th august has been placed before the district judge who has made the following comments: “The claim clearly seeks an order for the defendant to do an act, i.e. an injunction. I do not intend to correspond further.”

 

As the Judge was unwilling to correspond further, I wrote to the Court manager and explained that I was not asking for an injunction. I was asking for an order requesting specific performance, in that I was asking the court to order that RBS respond fully to my Subject Access Request and also pay my costs as stated in the claim form.

 

The court manager responded with the following: "Your letter to the court was referred to a District Judge, however the Judge made no comments.

The Court staff are not legally qualified, therefore I am unable to give you any advice. I suggest you contact a Solicitors or the CAB if you require further assistance."

 

This is a specific option available to the court contained within its powers under s.7(9) data protection act 1998. I understand that an injunction would be requested to prevent the defendant from behaving in a specific way, but I am asking that the Court order the Defendant to specifically perform an action, namely complying with my s.7 Data Protection Act Subject Access Request. I am a litigant in person, without legal training, but this is my understanding of this situation following research.

 

I am now at a loss on how to proceed, as I have been advised that my claim is a part 7 claim, not a Part 8 claim. I appreciate that the Judge is unwilling to enter into any further correspondence with regards to my claim, but I would appreciate your help in clarifying this matter.