How do I apply for court order to force Barclays to comply with my SAR?

[Dot1]

Hi everyone,

 

My wife have accounts with Barcalys which were opened in the early 90s. Apart from recent statements, she does not have

any other paper works.

 

There are definitely charges and possibly PPI but we need proof before making any complaint.

 

We made a SAR request in Feb 2015 and a LBA went out three weeks ago (April) giving them 7 days but they have not bothered to respond at all yet both letters were signed for.

 

I now want to get a court order for them to comply but I am not sure of how to go about.

 

• Which form do I use?
   
   
  
• How much will it cost?
   
   
  
• Any example/template of such an order?
   
   
  
• Any other thing I should know or add to the order?
  

 

 

Any help is welcome.

 

Thanks

[Bazooka Boo]

Did you send the SAR recorded delivery?

 

Have you got proof they received it?

Did they cash the cheque you sent?

 

They have 40 calender days in which to respond with your request.

 

You wouldn't get a court order to make them comply, thats the job of the ICO, so your first port of call would be

to make a formal complaint to the ICO, and let them investigate for you...

 

https://ico.org.uk/for-the-public/

 

Sorry just seen that both letters were signed for, so go right ahead and inform the ICO..

[havinastella]

You can force the issue via the courts, I have with Loyds.

 

Have you recieved anything? What do you require?

 

I ask what you require for a reason. If you are wanting details of a loan that was taken out say late 90's/early 00's and was paid off more than 6 years ago, you will lose in court. Simples.

 

If you wanted details of a loan ongoing, you should win.

 

So the devil is in the detail.

[Dot1]

Did you send the SAR recorded delivery?

 

Have you got proof they received it?

Did they cash the cheque you sent?

 

They have 40 calender days in which to respond with your request.

 

You wouldn't get a court order to make them comply, thats the job of the ICO, so your first port of call would be

to make a formal complaint to the ICO, and let them investigate for you...

 

https://ico.org.uk/for-the-public/

 

Sorry just seen that both letters were signed for, so go right ahead and inform the ICO..

 

Hi Bazooka,

 

Thanks for you quick response. Yes, letters were received and cheque was cashed.

I have drafted a letter to ICO but not yet posted it because I wanted to find out if I could go the Court way and if that will work out quicker.

 

Thanks

[Dot1]

You can force the issue via the courts, I have with Loyds.

 

Have you recieved anything? What do you require?

 

I ask what you require for a reason. If you are wanting details of a loan that was taken out say late 90's/early 00's and was paid off more than 6 years ago, you will lose in court. Simples.

 

If you wanted details of a loan ongoing, you should win.

 

So the devil is in the detail.

 

Hi Havinastella,

 

Thanks for looking at my thread.

 

They have not responded to my request at all. not even an acknowledgement of my request.

Since the account is still running, I wanted if possible everything from the time the account was opened.

 

I prefer to go the court route other than the ICO if that works out quicker. I will be reporting them to ICO too.

 

As for the loan details, I can not be sure of when they were paid off as I do not have any paper work. That is why I made the SAR.

 

What do I do next then?

 

If I decide to go ahead, which for do I need to use and how do I draft the order please?

 

Thanks

[havinastella]

Have a look here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?49571-Havinastella-V-Lloyds-TSB

[slick132]

Hi Dot,

 

Should be a SAR LBA to send prior to taking court action in the Library.

 

[Dot1]

Hi Dot,

 

Should be a SAR LBA to send prior to taking court action in the Library.

 

 

Thanks Slick for the link. I will go through it.

 

I first made a SAR in mid FEb then followed by a LBA in April but they never responded to any of my letters despite receiving them.

 

I had given them 7 days in the LBA but heard nothing. Its over three weeks since then. Is it not right to go the court route now?

 

I am restricted to only request for information dating back 6 years only?

 

They have not provided me with anything at all.

 

What are your thoughts ?

 

Thanks

[Dot1]

Have a look here

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?49571-Havinastella-V-Lloyds-TSB

 

Thanks,

 

I will do that.

 

Dot

[BankFodder]

The fastest way to deal with this is to begin a claim in the County Court.

 

Strictly speaking if you were to apply for court order to force them to comply, you would have to begin a Part 8 claim.

 

This is much more complicated than the normal claim and the fee is more than the average money claim although I'm not sure what the fee is at the moment.

 

Also, you cannot start a Part 8 claim online and in fact I think you have to begin it directly at the defendants court. It is all a load of hassle.

 

Much easier to start an ordinary Part 7 claim in the Small Claims Court.

 

This can be done online using the MoneyClaim system and it is very quick.

 

Instead of applying for an order, simply make a claim for a modest amount of compensation – £50 will be fine.

 

This will get the claimant started and of course you will win automatically but it will have the important effect of waking them up.

 

You will get your £50 and of course I would suggest that the moment that you get your judgement, that you put the bailiffs in for a bit of sport.

 

If they then fail to provide the SAR, you sue them again for another £50 and then another £50 and then another £50.

 

I see somewhere in this thread that it has been said that you cannot go to the County Court to get an order forcing the bank to comply with an SAR. I don't think that this is at all correct. I have no doubt in my mind that the court has the power to enforce a statutory duty by means of an injunction. It's just that it is complicated to start the action.

 

If you go to the ICO, this will take time. The ICO will try to play softly softly and of course it won't give the bank the slap that they really need.

 

Now I have to ask the obvious question, why have you sent the bank an LBA and then not followed up your threat.

 

By sending empty threats, you lose credibility and you make it more difficult for everyone else. If you sent an LBA then at the expiry of the deadline in the LBA, you should have begun your action without any mucking around. If you are not ready to start the action then you shouldn't have sent the LBA.

 

Don't hang around any more. You sent the LBA, the deadline has expired some time ago, issue the claim using MoneyClaim as I have suggested above.

[BankFodder]

Also, do I understand that you are saying that you feel the in your SAR you are limited to 6 years only of information?

 

This is completely wrong.

 

They are required to provide you with all the personal data they hold on you – going back forever

[citizenB]

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

 

This thread is worth a read as well. It was a part 7 claim - post#14 contains my PoC as an example. Although I would point out that my claim was eventually won by way of a Summary Judgment.

[Dot1]

Also, do I understand that you are saying that you feel the in your SAR you are limited to 6 years only of information?

 

This is completely wrong.

 

They are required to provide you with all the personal data they hold on you – going back forever

 

Thanks BF,

 

I will complete my N1 and post back for the POC to be checked.

Thanks for your help and guidance.

 

Dot

[Dot1]

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

 

This thread is worth a read as well. It was a part 7 claim - post#14 contains my PoC as an example.

 

Thank you CB,

 

I will read the thread and thanks for the information.

 

Dot

[havinastella]

THE thread (About me) that I linked has EVERYTHING you asked for. It was a part 7 request and it has everything from start to finish.

[Dot1]

THE thread (About me) that I linked has EVERYTHING you asked for. It was a part 7 request and it has everything from start to finish.

 

Hi havinastella,

 

Thanks, I have gone through the thread and found it to be very helpful. Very informative and it has made life easier.

Just completing my N1 now.

 

Thanks

Dot

[slick132]

Hi Dot,

 

If this is for a bank loan a/c, do you know roughly when the loan a/c was opened.

 

Has it since been settled or is there an ongoing outstanding balance.

 

[Dot1]

Hi Dot,

 

If this is for a bank loan a/c, do you know roughly when the loan a/c was opened.

 

Has it since been settled or is there an ongoing outstanding balance.

 

 

Hi slick,

 

There was only one loan which was paid off around 2005. Nothing outstanding now but there has been a lot of charges. I also believe that the loan had a PPI.

 

Thanks

Dot

[havinastella]

Hi slick,

 

There was only one loan which was paid off around 2005. Nothing outstanding now but there has been a lot of charges. I also believe that the loan had a PPI.

 

Thanks

Dot

 

And there is your problem. You will lose any case you bring with regards to paperwork for the loan.

[Dot1]

And there is your problem. You will lose any case you bring with regards to paperwork for the loan.

 

Well, looking at the POCs used on the forum, they do not seems to be specific about why the SAR ir made.

 

I was thinking that the action would be to get the court to order them to comply. Is it not so?

 

I am just trying to understand how it works so that I may not go the wrong way.

 

Thanks

Dot

[havinastella]

In simple terms, any paperwork relating to the current account would need to be produced if the account is still up and running.

 

The loan was seperate to the current account and paperwork only has to be 'kept' for 6 yrs after the closure of the loan. As it was paid up in full in 2005, they can hide behind the pretext that they don't have the paperwork anymore.

 

We all know they have, but you cannot FORCE their hand. Sometimes they do send the paperwork by mistake, maybe it will turn up in the next few weeks/months/years but it won't be because a court says so.

 

I did mention this fact in post 3

[Dot1]

And there is your problem. You will lose any case you bring with regards to paperwork for the loan.

 

May I ask why please?

 

Thanks

 

Dot

[slick132]

I see what Havinastella is saying but Barclays tend to avoid court hearings when they can.

 

Barclays Bank PLC t/a Barclaycard have supplied older data when pressed in the past.

 

On balance, I would suggest pressing for the data using court action if they haven't responded to your SAR and subsequent LBA.

 

[havinastella]

May I ask why please?

 

Thanks

 

Dot

 

Because they have a watertight defence. We only have to keep it for 6 years after the account is closed.

 

Although I agree with Slick and just issue the papers to prod them. It may take a lot more effort for you though.

[Dot1]

I see what Havinastella is saying but Barclays tend to avoid court hearings when they can.

 

Barclays Bank PLC t/a Barclaycard have supplied older data when pressed in the past.

 

On balance, I would suggest pressing for the data using court action if they haven't responded to your SAR and subsequent LBA.

 

 

Thanks slick,

 

I will send the claim form tomorrow. any idea as to how much the current court fee is?

 

Dot