Not complying with SAR

[Giveitblackmore]

As detailed in other threads in the debt forum I made an SAR back in April and for one reason and another which i wont bore you with I only received the data from the bank on Friday last. I have been with the bank since 1997 and requested all of the data including all copy statements and used a template from the forum.

 

I was astounded to see just a handful of statements from various years but not numbering more than 5 pages. I also got copies of letters I sent them - I am really angry and fed up and realise they are just doing this to put me off but could you please advise me of my next move options?

 

I initially sent them stiff letters (again from the forum) when they started messing arond with not wanting to send to my address as they couldnt verify it or that my sig was not the same as the one they had on record so I've already threatened them withe reporting them to the relevant authorities.

 

Please help a frustrated and angry man!!

 

Best

 

GIB

[MARTIN3030]

So are you saying from a SAR made in April they have only just responded ?

What specifically was you looking for ?

[Giveitblackmore]

Hi,

 

We have had correpsondence but this is the first time Ive received any data. I wanted all my statements to check bank charges and also I need the statements from 08/09 to prepare a tax return. I no longer run the account with the bank ut they are pursuing me for money owed on overdraft and charge card.

 

GIB

[MARTIN3030]

Ok understood.

They may claim they dont hold data beyond 6 years (although we KNOW) THEY DO.

The statements for 2009 should not be falling into that cat tho.

It matters not whether the account is open or closed.

 

You need to send them a letter saying that you do not believe they have complied fully with your request.

Make it clear what is missing.

Inform them that you will be making a complaint to the ICO if they fail to respond.

You should also ask,if any of the information that you are requesting is unavailable,then ;

 

1.If the information has been destroyed,what date did it take place ?

 

2.What method was used in destruction ?

 

3.Who performed the destruction.

 

If the information is subject to further fees due to disproportionate effort,what is the fee required to obtain it,and how do they substantiate it ?

 

Send this to the address where you recieved the SAR from.

Alternatively send to the registered address given on the ICO public register for the attention of the data controller.

[MARTIN3030]

Data Controller: NATIONAL WESTMINSTER BANK PLC

Address:

135 BISHOPSGATE

LONDON

EC2M 3UR

[Giveitblackmore]

Thanks Martin - much appreciated8-)

[Giveitblackmore]

So I sent the letter explaining that they had not conformed with my SAR and they just sent me aleter thanking me for my complaint and that they would now investigate and it will take eight weeks to reply.

 

I didnt make a complaint I merely pointed out in great detail what they had failed to supply me with. Classic time wasting tactics obviously! What do you think I should do next?

 

Best as always

 

GIB

[MARTIN3030]

There are two ways you can go.

Firstly you should be filing a complaint now with the ICO.

In this instance,you will need to include copies of all communications,and a log of events.

Secondly,you may consider filing in Court for an order which will force their full compliance.

The problem is that the ICO route is not fast-in fact it may well be 8 weeks before you get any response.

If you are prepared to take them to Court to force compliance,then I think from what you say that a 14 day Letter before action should be adequate for the purpose of demonstrating pre action protocols,since they have had more than a reasonable timescale to deal.

[Giveitblackmore]

Thanks again for your advice Martin.

 

Do you think its an idea to let Natwest know that their response is unacceptable and that I am now making complaints/taking them to court?

 

GIB

[Giveitblackmore]

sorry Martin I realise you recommend a letter befor action - where can I find a template for this on the site? Also what are the ramifications if they dont come thru with the info - is the debt itself affected?

[MARTIN3030]

Well certainly it can be regarded as being in dispute.

If the account is regulated under CCA then you have protection from OFT debt collection guidance.

Their failiures to deal with your request although is a Data protection act breach,you can also cite a breach of the Lending Code of November 2009.

I was assisting a friend with a similar issue against Lloyds and we filed a Court action-they did actually comply before any hearing-so its likely it will do the job for you.

Many people threaten but few see it through and they know that.

I will sort out a Letter before action for you.

[Giveitblackmore]

Thanks so much Martin - really appreciate your efforts in helping.

 

GIB

[Giveitblackmore]

So they sent me statements from 2003-2009 but the account was opened in 1997 so theres a huge gap there. They also did not address any of the following requests....

 

 

The original signed, executed credit agreement/s and any terms and conditions that applied to the account at the time

of default and at the time the account was opened. Furthermore, any documents that do not include both the prescribed terms and the terms updated to the present, will not be acceptable under the terms of this request.

 

2. Where there has been any event in my account history over this period which has required manual intervention by any person,

I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account

 

3. True copies of any notice of assignment and default notices or enforcement notice that you sent me,

with a copy of any proof of postage that you hold.

 

 

4. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted. (if applicable).

 

 

5. Details of any collection charges added to the account; specifically, the date they were levied, the amount of the charge, a detailed financial breakdown of how the charges were calculated, and what the charges cover.

 

 

6. Specific details of the charges levied by any other agency in respect of this account and a detailed breakdown of said charges and what each charge relates to and on what date said charges were levied.

 

7. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

 

8. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information

you have disclosed.

 

9. Copies of statements for the entire duration of the credit agreement.

 

10.Termination notices

 

All I got was one sheet of actions dating from last year and a couple of letters that I sent them:jaw:

 

What next?

[MARTIN3030]

We have previously had it from good sources that Natwest hold info from the 1990s.

Some of this info you are requesting could actually be requested under CCA.

Maybe worth a shot at that one-since the request only costs £1 and compliance (their obligations) are much faster.