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SAR Non Compliance


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My SAR request letter giving Barclaycard 40 days to provide the information was dated 9 February. On 22 Feb I received a letter from them confirming receipt of my request and stating that "copies of my statements will be sent within the 40 day legal time scale." They cashed my cheque on 2 March.

 

By my reckoning the 40 day limit is up tomorrow.

 

1. Has anyone else experienced this and taken the next step of court action to force DPA compliance and recover damages?

 

2. How would I calculate my estimate of damages?

 

3. Can this be done via MCOL?

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Hi there.

 

You will need to send them a 7 day reminder notice (see template library) and complain to the Information Commisioner : Information Commissioners - Enquiry form

 

I would put it in the letter that you have compliained and that you will take them to court for non compliance if you dont recieve your statements.

 

Good luck

Barclaycard

S.A.R sent 18/01/07 :o

7 Day reminder 02/03/07

Some statements rec'd 19/03/07

ICO Complaint 20/03/06

 

Alea iacta est

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I received a 'sorry but we're snowed under with all the requests, so we won't actually be getting your info to you on time' letter two days before my 40 days.

So I sent the non-compliance letter two days later, because I have been busy even gave them about 10 days until today, was just writing out my letter to the ICO when my statements landed on my doormat.

So I'm going to be a nice girl and let them off this time - I have what I need, and Barclaycard were actually the most understanding of all my creditors when I was going through Hell financially a while back.

HALIFAX

30th Oct 06 - 18th Jan 07 - Success in claiming £3617.95

HALIFAX 2nd claim

5th Mar - 16th Apr - Success in claiming £176

EGG (3 accounts)

20th Jan 07 - SAR posted

17th Mar 07 - Paperwork received - bits missing

19th Mar - Non-compliance for missing bits posted

9th Apr - ICO complaint filed

BARCLAYCARD

20th Jan 07 - SAR posted

21st Mar - Statements received

23rd Mar - Prelim posted

31st Mar - Offer for £30 rec'd

10th Apr - LBA sent

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Hi,

 

O/H SAR request deadline was 6th March. Had a letter from a Mrs Gail Grey stating they will comply within the 40 days. Have written in 7 different letters regarding this SAR throughout the timescale - and 2 emails to a Whalley (ha! ha!), still nothing. I am compiling a complaint to all relevant authorities when this is settled about Barclaycard and the dreaded Mercers (who can't seem to read) ..... I will start a thread in due course .... but it has been 55 days now.

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