SAR request not fully complied with...what do I do please?

[redrose281]

Thanks to Legal Beagles, I recently became aware of `SAR`s` and so duly made a request to HSBC (with whom I am currently embroiled in a Court Case), and today I have been to pick up the documentation. However, it is clear that they haven`t fully complied with the request as none of the copy letters between myself and the bank have been sent to me, nor have any of the file notes relating to meetings and telephone conversations I have with the then bank manager and his staff, I know they are still in existence, as I have been sent some of them by the Banks Solicitors as part of their `disclosure`, but I believed there were considerably more which were withheld due to their content which would be less than favourable to their case against me now, so I thought by sending a SAR, that I would get all of the letters and file notes, in the event I have received none!

What is my next step please? Do I write to HSBC and tell them they haven`t fully complied with the SAR and ask them to do so, or do I notify the Court that they are deliberately withholding vital information from me to hinder my case? I should also tell you that additionally they haven`t complied with a Court Order dtated 6th february whereby they had to notify suitable dates for a Hearing - should I be telling the Court this too as if I didn`t comply I know full well they would have notified the court, but I don`t want to seem like I`m `nit picking` or deliberately being awkward, but as I understood it, a Court Order is a Court Order and has to be complied with by both sides?


Please can anyone advise me?


Many thanks
xx

[Kati]

Re: SAR request not fully complied with...what do I do please?

Personally, I would write back requesting that they supply everything they have omitted (listed) or a reason for non-compliance. If they still refuse, the ICO is a good point of call

[Crazy council]

Re: SAR request not fully complied with...what do I do please?

Hi

In the first instance, i would ask them why they left it out, there are a few reasons they can withhold paperwork.

Anything held as part of an investigation, anythin considered legal privilege. but the way to deal with it, is ask them what they withheld and why ( ask them to detal the resons for each branch of documentation.

Consider, some of the note would have had other people personal details on as well. With a large organisation like HSBC, especially when your dealing with them over other disputable things, its best to ask them why they did not disclose the docs, and ask them to explain, than to directly inform them that they have not complied fully with the SAR.

Maybe they have not fully complied, ( it probably was not intentional ) but, if they have not complied, use the failings in your dealing with the other thing your disputing ( if you get my meaning )

If you do intend taking it further, you will need in the first place, confirmation from them why they did not disclose

[redrose281]

Re: SAR request not fully complied with...what do I do please?

Thank you very much Kati and Crazy council, you have been very helpful :tinysmile_twink_t2:

I don`t think they`ve left the documents out because of personal details being on them though as I have got sheet upon sheet where practically everything on the sheet has been blacked out so I can`t read it I will write and ask why they`ve left the documents out and take it from there, thank you so much.

Could anyone please advise as to what I do about HSBC not having complied with the Court Order ? The second point of the order states that "The Parties shall by 6 March 2015 identify with the Court the appropriate date for the adjourned hearing"

I wrote to the Banks Solcitors to see if we could agree mutually convenient dates and they didn`t reply, so I submitted the dates I thought would be agreeable to fit time frames etc, but i`ve heard nothing back from the banks solicitors, so either they have contacted the Court but not copied me on it, (which I believe they should?), or they just haven`t done it?

Can anyone advise what I should do please regards their seemingly non compliance?

Many thanks.

[Kati]

Re: SAR request not fully complied with...what do I do please?

You could try contacting the court to see if they've heard anything?

[redrose281]

Re: SAR request not fully complied with...what do I do please?

Thank you Kati, the Court havent heared anything from the Banks Solicitors, meaning they haven`t complied :/ What can I do now please?

I have also had a reply back from the bank now regarding the incomplete SAR, they state they have no further information, but I find that hard to believe as a whole stack of documents was provided by them for their Disclosure only last September, surely they wouldn`t then have disposed of those documents when they are being used as part of an ongoing legal case?

Additionally, much has come to light since my last complaint to the FOS regarding documentation they didn`t disclose to the FOS, claiming they didn`t have it `due to the passage of time`, so as the FOS didn`t have proof of what I was saying, they ruled in the banks favour- yet low and behold, in the Banks disclosure in September, the very documents which would have proved my complaint , were then provided in disclosure!

I have submitted a further complaint to the FOS regarding the banks non disclosure of the documents which were in my favour and am awaiting a reply.

However, there is an ongoing Court Case in which Disclosure has already taken place, but I now have a great deal more information, (that has only just come to light), which I would like submitting for my defence and that I believe greatly enhances my propects of winning this. The Bank have been far from honest and decent and I really need to know what I can do now?

Is there any way in which I can apply to get the case stayed until the FOS investigation is completed? The documents I now have prove beyond doubt that the bank acted negligently, irresponsibly sold me a facility they knew I couldn`t afford long term, and the documentation clearly states I do not meet lending criteria...yet still the bank went ahead! Of course added to this, the bank also didn`t comply with the Court Order.

Oh and I nearly forgot, in replying to my letter regarding their not having supplied all the information on the SAR, they have said and I quote :-

"Our litigation team have confirmed they hold one piece of correspondence for you which has not been supplied. However, this information is exempt from subject access request under the `legal advise and proceedings` exemption and therefore this will not be provided to you".

Am I right in thinking that means that this piece of information is in my favour and not good for the bank, hence why it hasn`t been disclosed? If so, is there any way I can actually get them to release that information please?

The bank is really playing dirty and has been far from honest right the way through this, regarding their breaking of Data Protection involving myself, (by dealing directly with 2 third parties about myself), they have said they hold correspondence from me proving I gave my permission and authority for the bank to speak to these people, for 4 weeks I have been asking for a copy of this correspondence, (as I know I have never given my authority for the bank to deal with these people directly!), and then on Friday, the Banks Solicitors wrote to me and said they don`t actually hold correspondence from me, but what they do have is file notes from the time which they believe prove I gave permission, on looking at the paperwork, they are misinterpreting a file note from the then bank manager stating I have signed authorities `so things can now progress` however, this is relating to my authority having been signed for the bank to contact my mortgage company re putting the charge on my property, NOT giving my authority to speak to the third parties they actually have done! I believe they were telling me they had correspondence from me giving authority so that I would `back off`, but I didn`t as I knew I`d never given permission, and then when I`ve pursued this, they`ve had to tell me they don`t actually have correspondence from me...surely this cannot be right or fair?

Please can anyone help or advise me ?

Thank you.

[redrose281]

Re: SAR request not fully complied with...what do I do please?

I have now found out that the Bank did indeed contact the Court when they should have, but the rest of my above posting still stands. Please can anyone help me on this? I have to put Witness Statements in by 24th April 2015, but would also like to submit something to the Court informing them of the new information which has come to light regarding the banks treatment of me, (information the Bank withheld from the FOS in their last review!) and asking that the case be stayed until such time as the FOS have completed their investigations. I actually contacted Jessica Gorst-Williams of the Daily Telegraph,and she rang and left me a message stating that in her opinion, this is a matter for the FOS to sort out and that I could use her name if I wished, but that she cannot get involved further as Court proceedings are in place. However, the fact she said it is a matter for the FOS to sort out, gave me some small amount of hope...please could anyone advise as to how I can get the Court to agree to stay proceedings until the FOS investigation is completed.
I have written to the Bank, but they have said they will not enter into any correspondence regarding these matters whilst an FOS investigation is taking place :/
Please some, help :tinysmile_cry_t:

Thank you xx

[redrose281]

Re: SAR request not fully complied with...what do I do please?

Please can anyone help me? :-( xx

[redrose281]

Re: SAR request not fully complied with...what do I do please?

Added to all of the above, I now have proof that the bank were negligent and mis-sold me a facility , (I have proof from their own employees file notes and documentation which I now hold), additionally, I also have proof that they withheld information from the FOS which was relevant to the investigation.

Given all of the above, and the fact that I now have two complaints in with the FOS against the bank, and I have asked the bank to stay proceedings until the FOS investigation is completed (as I understand the FOS will rarely take on a complaint if it has already been through Court and I believe it is my right to have the FOS investigate my complaints before I enter into the considerable costs of a Court case), could someone please tell me what is the differnce between the FOS and the FCA? Is it worth while complaining to the FCA also or are they one and the same thing?

Thank you in advance to anyone who can help me.

Please can anyone advise me?

Many thanks.

[nemesis45]

Re: SAR request not fully complied with...what do I do please?

If you have problems with the " content" of a SAR the ICO is responsible for
regulation in regard to the Data Protection Act.

If a case is already the subject of court action the FOS will not get involved
quite rightly.

Suggestion see BCOBS.

nem

[redrose281]

Re: SAR request not fully complied with...what do I do please?

Thank you nemesis45, the FOS are already involved and investigating my complaints as the matter hasn`t been to court yet- they have told me they couldn`t get involved AFTER a Court has made a ruling, which is why I wanted the proceedings stayed until the FOS have finished their investigations?

Please can I ask what BCOBS is and where I can find it to read it? Thank you.

I now have proof via Bank file notes and documentation that the bank were negligent and mis-sold me this facility, which is why I thought I should perhaps complain to the FCA?

I`m really sorry, people on here obviously think I`m stupid and I probably am to have got into this mess in the first place, but all I`m doing is asking for help

Thank you nemesis45 xx

[redrose281]

Re: SAR request not fully complied with...what do I do please?

Have found out what BCOBS is, thank you xx

[nemesis45]

Re: SAR request not fully complied with...what do I do please?

Reading back, the alleged failure of the bank to fully comply with a SAR, this should after contacting the bank about thisshould be a complaint to the ICO.

nem