Repossession hearing adjourned for 8 weeks following my complaint.

[FlamingParrot]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

An sar request isn't based on whether you 'need' the information or not .. If you've sent one (with the £10 that they might ask for) and they haven't responded you should send a complaint to the ICO.

The ICO require that you complain to the company to start with, then escalate it to them.

(maybe @FlamingParrot would be kind enough to put another link up for me ) They are obligated to send your documents after 40 days of receiving the SAR request.
Xx

With pleasure :yo: This is the ICO page that refers to SARs, scroll down to where it says "What can I do if the organisation does not respond?" :thumb:
http://ico.org.uk/for_the_public/personal_information

[bluebottle]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Just advised the OP along similar lines on their other thread.

[Sparkie1723]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Hi mumisskint,
Have a read of this ..I think you can point the Judge to this ruling.........this was for failing to respond to SAR's.

Sparkie

AB v MoJ, High CourtThe High Court has awarded nominal damages of £1 in a claim for breach of rights under the Data Protection Act. The award opened a claim for a much bigger amount – over £2,000 – for distress. The case involved various requests for data from a data subject to the Ministry of Justice in relation to events surrounding his wife’s death and subsequent events involving the coroner. The MoJ did not respond to the request in time and this was without any proper legal basis. The Court decided that there was no actual quantifiable financial damage other than the time and expense in pursuing the MoJ. The Court therefore awarded just £1 for that. Under the Act, compensation for distress is only available if the person suffers other damage – hence the importance of the finding of nominal damage to open the door to an award for other damages for distress.


http://inforrm.wordpress.com/2014/07...d-owen-ororke/

[bluebottle]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Hi mumisskint,
Have a read of this ..I think you can point the Judge to this ruling.........this was for failing to respond to SAR's.

Sparkie

AB v MoJ, High CourtThe High Court has awarded nominal damages of £1 in a claim for breach of rights under the Data Protection Act. The award opened a claim for a much bigger amount – over £2,000 – for distress. The case involved various requests for data from a data subject to the Ministry of Justice in relation to events surrounding his wife’s death and subsequent events involving the coroner. The MoJ did not respond to the request in time and this was without any proper legal basis. The Court decided that there was no actual quantifiable financial damage other than the time and expense in pursuing the MoJ. The Court therefore awarded just £1 for that. Under the Act, compensation for distress is only available if the person suffers other damage – hence the importance of the finding of nominal damage to open the door to an award for other damages for distress.


http://inforrm.wordpress.com/2014/07...d-owen-ororke/

The Information Commissioner's Office (ICO) has a powerful weapon in their armoury in the form of a Civil Monetary Penalty (CMP) of up to £500,000. Sometimes, this can be less risky than taking a malfeasor to court.

[mumisskint]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

The biggest thing for me in all of this is whether it is a business loan or not. From what I can work out a business loan has to have a clause saying its a business loan and be for the purpose of 'business'. This one had neither of those until the changes to the Consurmer Credit Act would have given me protection. Then they started to try and add them in. do you think I can go in and argue its a personal loan and they've not done it properly? Or should I be relying on something else? xx

[bluebottle]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

If it looks like a duck, walks like a duck and sounds like a duck, it is a duck.

If when you took out the loan originally, it was a personal loan and the bank decided to change it part of the way through its term to deprive you of statutory protections, then I would say it was contrary to the Unfair Contract Terms Act 1977 (as amended), especially if you did not agree with the terms or what they were doing. If the bank used coercion or threats, then this would bring the matter into the sphere of something a lot more serious. This is in addition to the fact that it may also amount to fraud on the part of bank employees. I do know that the banks are on an orgy of land and property grabbing and fraud in order to recollateralise after wrecking the economy. In short, they are bankrupt. This is why Response UK has come about and is growing on a daily basis.

The ICO can deal with any refusal or failure to comply with SARs. The argument the bank has given for non-compliance, in my view, holds no credence or credibility. If the refusal/failure to comply pre-dates the commencement of any proceedings, a phone call to the ICO would do no harm.

[Kati]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

The ICO require that you complain to the company to start with, then escalate it to them.http://ico.org.uk/for_the_public/personal_information

I know :tinysmile_grin_t: but on her other thread, the OP stated she'd sent 3 (??) up to now :tinysmile_aha_t:

What can I do if the organisation does not respond?

If more than 40 calendar days have passed since you made your request, we advise you write to the organisation to remind them of your request and their obligations under the Data Protection Act. We recommend you send any correspondence by recorded delivery.
Here is a template letter you may use:
(Printable word version of template letter)

[Your full address] [Phone number] [The date] [Name and address of the organisation] Dear Sir or Madam Non response to a subject access request I am writing further to my letter of [date] in which I made a subject access request, because I have not received any response from your organisation. As the statutory time limit for responding to my subject access request (40 days) has now expired, I would be grateful if you could provide a response as soon as possible. If I do not receive a response from your organisation within 14 days, I will report this matter to the Information Commissioner’s Office (ICO). You can find advice on the ICO’s website on how to deal with a subject access request [ico.org.uk/sar] and information on their powers and the action they can take [ico.org.uk/action] or call them on 0303 123 1113. *If there is anything you would like to discuss, please contact me on the following [telephone number]. Yours faithfully [Signature] *optional

[MENTION=14994]mumisskint[/MENTION] .... You could try sending the quoted letter giving them a further 16 days to comply :tinysmile_twink_t2:

[mumisskint]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

Thank you for those ; ready to go Monday morning.
The first SAR was a hand written request which I signed which the relationship manager at the time sent in. This yielded half the information, none of which included any emails from me to them, notes of meetings between me and them etc.
The second I did the same and they didn't respond. I went to the ICO and the bank said I needed to complete a pro forma. I asked for the pro forma, even tho it hadn't been needed the first time, and no pro forma arrived.
The third time just no response at all. As I don't get any bank statements Ive no idea if they debited the account or not for the £10. I go into the bank they tell me the account has been closed since 2010..... the third was over 6 months ago. I will admit to reaching a point where I feel like they have bullied me so much there is no longer any point in trying to get them to do anything.

[Kati]

Re: Repossession hearing adjourned for 8 weeks following my complaint.

I will admit to reaching a point where I feel like they have bullied me so much there is no longer any point in trying to get them to do anything.

hang in there [MENTION=14994]mumisskint[/MENTION] :grouphug: x