Mrs c v clydesdale bank

[mrsc]

Hi all, well Clydesdale haven't complied with my SAR it was sent recorded delivery 8th June 2007 received 2 letters dated 26/06 and 7 dated 03/07 have had a few accounts with them also loans etc they all say they have 40 days from when the fee was paid to supply them, just sent one fee for all it was a postal order by my calculations the time was up 20/07 am I right with this ? I am going to send the LBA tomorrow if I am wrong with this can someone please advise:confused:

[Bigmac versus]

Allow a couple of days more (postage) as they have 40 days when they recieve it.

[mrsc]

Okay thank you just want to do it right

[mrsc]

Update: Today I have sent the letter LBA for non compliance to the Data Protection Access request so will see what happens now.

[angie35]

good luck with your claim, i sent my subject access request back in march and i still not received my statements!!

[mrsc]

I have reported them to Information Commisioner for non compliance should I have done this before when I sent the LBA to them? I hope I haven't done this wrong I have been reading the FAQ's and all other information and I get the feeling I have.I just hope I haven't stuffed this up.Still no sign of any statements.

 

SAR sent 8th June 2007

LBA sent 26th July 2007 Non compliance

Report sent to Information Commisioner 13th August 2007

[mrsc]

Have received some statements and they have also duplicated on two accounts it will save me having to copy them, still waiting for other accounts how long should I wait before writing to them again ?

 

Sar sent 8th June 2007

Non compliance sent 26th July 2007

Reported Information Commisioner 17th August 2007

 

Some statements received 18th August 2007

 

It seems to be the older accounts that are missing (closed round about 2003/2004).

[mrsc]

Received reply from Information Commisioner they have noted that Clydesdale have not complied with the request and they are going to write to them.

after reading more information about the SAR i have realised I did not send them the one asking for all account information just the ones I had account Numbers for going back six years,there are still some of these missing. Should I now write to them asking for specific accounts or just all data relating to us.

Any advice would be welcome.

[jake44]

Hi Where do I find the non Compliance letter ?

 

I have been getting fobbed off since March ? Also the address for the commissioner to complain in writing..........

 

thanks

[mrsc]

Hi Jake,

 

Sorry not really up to speed on this don't know how to post a link

If you go to

Consumer forums then

Bank Templates Library then

Data Protection Act Non compliance

Hope that helps you

If you go onto the Information Commisioners website you can download or fill out complaints form online

 

I hope this helps

[mrsc]

Update received some more of the same statements so now have 4 x No 1 account 3 x No 2 account 3 x No 3 account and 2 x No 4 account still received nothing for 2 accounts and I am sure there is more so going to draft a letter to them and copy to the information commisioner.

[mrsc]

Received another 2 lots of the same statements for the No 2 account so far have now got 5 copies. They are really starting to annoy me now I am going to get back on to the Information commisioner regarding this.I think they do this on purpose trying to put me off the whole idea but not going to back down on this.

[mrsc]

received one more lot of statements this was for an old account so nearly there now will keep this updated.

[caro]

Did you take them to court as per your LBA?

[mrsc]

Caro

 

No I haven't taken them to court I thought you couldn't do this at the moment or have I got this wrong.

Would it be too late to do this now? have I blown it ?

[caro]

If they haven't complied with the SAR then you can still take them to court for that. Also, being in Scotland your if you claim your charges the case shouldn't be stayed, but it depends on the size of the claim.

 

You can still submit a claim in England, but there is a strong possibility of it being stayed. Eventually you should get it your charges back with interest, assuming the test case goes the right way.

[mrsc]

Update

 

I have all but 1 accounts statements, which I wrote to them again (also sent copy to information Commisioner) their reply is,

 

This account was closed 2002 and as you are only allowed to claim for 5 years statements for that account would fall outwith that time, they are quoting the Limitation Act. And if I require the statements for another purpose I have to confirm in writing to them.Sortened version off their letter.

 

Has anyone else received this when requesting statements.

[caro]

You're under no obligation to explain why you want the information. You are entitled to it under the Data Protection Act. If they disagree tell them to check it out with the ICO. I suggest you complain to the ICO about this.

[mrsc]

I thought as much but needed clarification.

As they in fact sent me 2 of the same letter I will forward one to the Information Commisioner.

 

I was quite annoyed when I read it, I thought what a cheek it's got nothing to do with you what I require the information for.

 

Thank for the advice

 

Mrsc

[caro]

Point out to the ICO how long you've been waiting too.

[mrsc]

They already have all the information, But I will make a point of telling them again.

 

Thanks Caro

[mrsc]

update

 

Have now sent a copy of the letter to Information Commisioner and have asked for their opinion.I have stated that it is now 143 days since I sent my initial request to the Bank.

 

Tomorrow I will get a letter off to the bank along the lines of it's none of your business why I want the information.

 

Thanks for all the help

 

Mrsc

[caro]

I like it Mrsc. That brought a smile to my face on this sunny Monday morning.

[mrsc]

got a reply from the Information Commisioner today my case is going to the Regulatory Action Division, thats in reply to my letter of 11th Oct, so I wonder what they will say when they get my letter(sent this week) together with a copy of the Clydesdales responce to that very letter.

 

Do you think they will be in trouble? ( I am feeling evil today)

[Bigmac versus]

Mmmmmmmmmmmmmm..........................................YES:D