Starting a court claim for SAR non compliance

[B3rty]

Good luck.....I had my Citi SAR returned Friday with just the data rather then the copy of agreement and nothing for the default so will go down this or N208 route to get this info

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/200254-sar-help-further-action.html

[lee32uk]

For anyone thats considering taking action through the Courts for SAR non compliance my N1 form was accepted ok

The Royal Bank of Scotland have until 1st July to comply with my request.

[silverfox1961]

Hi Lee,

I filed my N1 against Capital one on monday. After a little running around because I am claiming fee remission my papers were filed with no probs. I used havinastella's thread for ideas too

[havinastella]

well done to both of you

 

Glad I could help.

 

JOgs

[Rhia]

Just a note here. It is best to wait for the ICO opinion (if you have complained) as the Judges tend to use this in support of your claims - I know this from personal experience.

[car2403]

I've seen the ICO take a year to reply to these complaints recently!

[Rhia]

If that's so and you need the info urgently then I would enter a complaint to the ICO but tell the court you do need the info urgently and so have been reluctantly forced to start proceedings as your requests have gone unheeded.

[lee32uk]

If that's so and you need the info urgently then I would enter a complaint to the ICO but tell the court you do need the info urgently and so have been reluctantly forced to start proceedings as your requests have gone unheeded.

 

The Banks know they have 40 days to comply.I have also given them a further 14 days so I don't really see the point in involving the ICO.As stated by car2403 the ICO take an age to respond.Court action is the best way to make them see sense

[lee32uk]

well done to both of you

 

Glad I could help.

 

JOgs

 

 

[havinastella]

The Banks know they have 40 days to comply.I have also given them a further 14 days so I don't really see the point in involving the ICO.As stated by car2403 the ICO take an age to respond.Court action is the best way to make them see sense

 

 

Exactly.

 

Don't forget to issue an updated schedule of costs if you need to go to Court. (24 hrs beforehand)

 

Jogs

[Rhia]

I wasn't thinking of this from the banks angle - yes the toerags do know they only have 40 days. I refer to the courts as I personally got a right ticking off from a judge for bringing a non compliance case and he wouldn't allow it as the ICO hadn't given their verdict. He said he looked to the ICO's decision for guidance. Judges do vary so I was just saying this to warn you.

 

The only thing is, depending upon the company involved, they may get their act together. I did have a battle with Barclaycard over a SAR and in the end complained to their corporate HQ in London and it arrived within a day or so.

[lee32uk]

I understand where your coming from Rhia

 

The thing is the Banks seem to think they can just flout the law all the time, so hopefully threatening Court action seems to be the quickest way to get a result.

 

cheers

[Rhia]

It's worth a try Lee.

 

Slightly off topic but I am of the increasing opinion that litigation is the only way to get the CRAs to remove incorrect info too. It's bad when we have to go to court to get these schmucks to comply with the law isn't it?

[havinastella]

It's worth a try Lee.

 

Slightly off topic but I am of the increasing opinion that litigation is the only way to get the CRAs to remove incorrect info too. It's bad when we have to go to court to get these schmucks to comply with the law isn't it?

 

But isn't it a great feeling when you beat these huge companies

[Rhia]

You betcha.

[citizenB]

I wasn't thinking of this from the banks angle - yes the toerags do know they only have 40 days. I refer to the courts as I personally got a right ticking off from a judge for bringing a non compliance case and he wouldn't allow it as the ICO hadn't given their verdict. He said he looked to the ICO's decision for guidance. Judges do vary so I was just saying this to warn you.

 

The only thing is, depending upon the company involved, they may get their act together. I did have a battle with Barclaycard over a SAR and in the end complained to their corporate HQ in London and it arrived within a day or so.

 

 

This is a little worrying, I have issued a claim against a company for non compliance. I did not have time to go via the ICO, as the company had issued a claim against me on the same day as they banked the postal order and they were already 4 weeks overdue with the SAR at that time.

 

Complaints I have had with the ICO for over a year are just being acknowledged now !!

[Rhia]

Yes I know about the back log at ICO. I had a really awful judge though - he wouldn't give me an inch but that doesn't mean to say you will get the same treatment as there are some enlightened ones out there.

 

All you can do is state that they haven't complied and you need the info urgently and ICO has a massively long back log. Don't let my bad experience put you off it's just that I felt I should say what had happened in my own case.

[blueboy987]

I can't see that filing a complaint with the Information Commissioner is ever going to do you any harm. It only takes about 10 minutes online (provided I did it right!) and whilst you might not get a quick response, it is at least another black mark against them.

 

I filed my complaint as soon as the 40 days was up. I'm not expecting to hear anything soon but it won't stop me going down the court route either. Sure the judge could say wait for them to reply but I don't think there is much to that argument and I'll be more than willing to argue the point - 40 days is 40 days, not however long they want nor 40 days plus however long it is before the Information Commissioner catch up on their backlog and do something about it.

Edited June 21, 2009 by blueboy987

[Rhia]

Totally agree blueboy. You need to demonstrate that you have done evrything possible to resolve this.

[lee32uk]

Hi all

I have not heard anything from RBoS regarding my claim for non-compliance.They have until Wednesday 1st July to respond to the Court claim.What happens if they don't respond? I presume I just let it go to Court ? Is this normal behaviour from the bank not to respond to a Court claim :?

 

thanks

[car2403]

If they don't reply, you will be applying for Judgment by Default then pursuing.

 

Usually, they do reply (at the last minute ) so keep an eye out for an update from the Court

[lee32uk]

cheers car

[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.

[lee32uk]

Hi all

 

Just spoke to my local court regarding my claim for SAR non compliance and RBoS haven't responded to the court papers.They had until 1st July.

I now have to send the request for judgement form back to the court. I presume that I just put the claim amounts into section D as I had on my N1 form ? And also how do I now pursue them for compliance ? as they have totally ignored the court

 

Thanks

 

Lee

[lee32uk]

anyone ?

 

thx