Sue data controller and Citi Financial in County Court.

[madtergee16]

Hi everyone,

Here is the situation, I sent a Subject Access Request toCitiFinancial. They did not respond until I got the Financial Ombudsman involved;at which point CitiFinancial acknowledge they had received my two, SubjectAccess Request. CitiFinancial returned one of the £10 payments; I sent them aletter reminding them, they had 40 days to complete this.

We are now on day 47. Therefore, I am thinking of taking adifferent approach, I want to sue CitiFinancial, and I understand I can namethe data controller as part of my lawsuit in the small claims court. I will send a letter before action (claim) toboth parties.

My question, has anyone tried this method before? I am hoping to get my Subject Access Requestand show these people they can all so end up in court with if they fail tocomply with SAR.

[Conniff]

Sue them for what? what loss have you incured?

 

You can ask the court to enforce compliance but unless you can show the lack of sar papers have been detrimental or caused you loss, there is nothing to sue for.

 

Prepared to be corrected if i've got wrong.

[madtergee16]

I understand that I need to show the court, because of theiraction that I have lost out financially. That is not a problem; I just did notwant to write a long post going over the reason why a SAR or lack of SAR would affectme financially. I wanted to know if the courts would force them to produce mySAR. Moreover, what penalties if any would they imposed?

[madtergee16]

To ask the court to "enforce compliance" what is the procedure? Can I do this myself at county court level?

 

 

Sue them for what? what loss have you incured?

 

You can ask the court to enforce compliance but unless you can show the lack of sar papers have been detrimental or caused you loss, there is nothing to sue for.

 

Prepared to be corrected if i've got wrong.

[citizenB]

Yes, you can do this your self. Have a read of one such person that did and won.

 

Please note that FUAFB issued the claim against the bank and not the Data Controller specifically. You do need to build in some "loss" otherwise it is a different procedure and more costly.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**

[Old Cogger]

What I did was made a complaint to the FOS and HSBC were slapped over the knuckles as their system was flawed in complying with the legislation, so you could go that way, the SAR suddenly appeared although in two parts almost within a week.