Vanquis SAR questions

[Vanderpelt]

Hi all

 

Not sure if this is the right section, but having an issue with a SAR i have done with Vanquis Bank (credit card account). They have replied within the required timescales, but the information (which there is a lot) is a pain to sort through.

 

The information that i was looking for was the charges (so i can reclaim them) but they have lost it with the total amount of interest charged (so it would say that since the account was opened they have charged £3,000 in interest and charges) and there is no way with the information to break it down.

 

Can i write back and request from the a specific breakdown as required by the SAR?

 

thanks

 

Van

[MARTIN3030]

Hi Van.

Yes this is in wrong section.

I will move it for you.

 

Vanquis are frequently reported on here for the same issues.

You should send them a letter for non compliance (a copy is available on the site)

Give them a further 14 days to submit to you the data you requested in intelligible form and be specific as to what you are missing.

Put them on notice that failure to comply,will result in you filing a complaint with the ICO and if need be, filing in the Courts for an order and compensation under the DPA for non compliance.

 

send recorded and keep a copy.

[Vanderpelt]

Thanks i will amend the letter and bang it off for the wife and i tonight, the downside is that i am in the US for 3 weeks in 12 days, but i guess i will have to enjoy my holiday, then kick bottom!

[MARTIN3030]

ok

[Vanderpelt]

Well i had no responce from them, which is a tad annoying, i take it i bang off a complaint to the IC and send a LBA to them with a 14 day warning?

[MARTIN3030]

Yes but you MUST be prepared to follow it up-not just threaten.

We can help you to escalate it when the time comes.

I have done a similar claim a few weeks ago against one of the big banks-and it was sorted quite quickly without a Court appearance.

But you need to be prepared to go to Court if its needed-so think about that.

[Vanderpelt]

I have no issue with going to court at this point, and i am sure i can convice Mrs V as well, so what is the next step?

 

Van

[MARTIN3030]

You need to send a Letter before action to Vanquis as you have suggested doing.

This will differ from the usual LBA sent requesting charges PPI etc.

The cause of action will be breach of the Data Protection Act.You need to send it marked for the attention of the Data Controller.

Give them a further 14 days to comply fully with your request,and bullet point the Data that they have failed to supply.

You may also include that should a Claim be initiated through the Court,you will be seeking Compensation for breach under section 13.

A good idea to get everything together to show all your efforts too-you would be expected to show some evidence later that you have given Vanquis ample opps to comply.

[MARTIN3030]

Forgot to add-heres a good little guide you can download for further reading/ good info (its around 15 pages)

 

http://docs.google.com/viewer?a=v&q=cache:82-wSVSjJk4J:www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf+Data+Protection+Act+taking+a+case+to+Court&hl=en&gl=uk&pid=bl&srcid=ADGEESjPUR4osBJwnBAzQvQpYwl_1bY-9ZaqwKd9Sst5Tk7QTQzl1ZDs_VFN5_yzPJ6CL0VpDqSB0hOhStURpq4fRN_RGc6iNrFHfuTVXuwi1yahOlImR2_Y1-qR5CkpEwBxkBQuqUll&sig=AHIEtbRoorfbqdYYoZJIxQGqhOGq-2GTeQ

[Vanderpelt]

Well have printed it and will read at lunch time today and have sent 2 strongly worded LBA's to try and get the information without going to court.

[Vanderpelt]

Well Martin3030 a bit of an interesting development, they responded too the letters with an offer to refund all the charges (but no interest or DPA fee), with no information which shows that there amount is accurate (and i am fairly sure it is not).

 

They then state that the refund is due on me accepting a higher APR with no fees on my account, or that the account is closed and will be paid off. I must say i do have a dislike to being threatened in this fashion, so i have written back giving them 14 final days to actually give me what i have asked for.

 

but have you heard of this (will try and scan a letter later today so that you can see).

 

Van