Data Protection Act non complaince, court claim, still best option ?

[khronus]

Hi all, Abbey have no complied to my subject access request under the data protection act. Is it still the advised course of action to make a claim in the county court for breach of the Data Protection Act? Is this the best way to get the information ? What are the other ways ? Also, on the particulars of claim template theres a section on monetary claim/damages. There really is none other than a bit of extra time and effort, should I enter a token amount or shall I not bother requesting money but just ask for a charge for release of the request info ?


K

[khronus]

Well I just phoned Abbey in the hope that maybe I could avoid thecourt route. The customer services rep put me on hold, spoke to the Data protection team...(of which i asked to be put through to but that never happened ). They said that its on microfiche etc and that it takes time and that the request was activated on the 5th of may ( 2 months ago ) my original request was on the 4th of april! I told them I wanted amicable resolution but that I had already sent a letter before action and was going to take the breach of data protection act to the courts. She told me that as microfiche was not a relevant filing system they were not held by the 40 day rule (blah blah etc ). For those that have gone down this route has anyone had to actually argue it in court or do abbey all of a sudden magic up the documents! ?

Court here I come this arvo methinks.


K

[Karnevil]

have a read of this thread - should give you an idea of what to expect ?

http://www.consumeractiongroup.co.uk...ole-abbey.html

[khronus]

Hi folks, many thanks Karnevil I've read that thread and posted in it also but am still unsure as to the current state of play so any clarification basically as to whether a claim for non compliance of a Subject access request is still advised would be appreciated muchly

I went into the court today to start a claim against Abbey, I filled it all in and it wasn't until the end that the lady told me that because the claim was not monetary ( well I added in a £20 token claim for time and expenses ) but that the main claim is for Abbey to comply with the data protection act. Because of that I was told it was a 'part 8' form and that the fee was £150 !

I explained what I knew in regards to other people getting it done for £30 on a n1 form and she said it was still possible that I file the claim in another court. Has anyone got experience of this ? I decieded to take the forms home and ask you guys what you thought before I jumped in to anything.

Could someone who has successfully filed a breach of Data Protection Act claim tell me what court they did it with so that I can file it there aswell ( as abbey are a plc you can file it in any court in the country ). Or if someone has some info/arguement that I can use with my local court and get them to put it through on the n1 ? Then that would also be appreciated.


Many thanks folks!


K

[lostinparadise]

Hi khronus

I had the same problem as you. Please have a read of my thread.

I eventually just provided the court with a similar cases claim number, they checked it on their systems to see how it was handled and rang the other court and eventually took the form.

The problem arises if they havent seen this type of claim before.
You need to be persistant. I also told them that i am a member of the Banking Action Group and am aware of a number of other cases that have been filed on an N1 form.


Hope this helps

Good Luck

LIP

[khronus]

Many thanks for the help but I dont think it will be quickerand easier to just send it to a court where they are processing these without arguement. Could someone that has done this successfully give me the address of the court they did it through please?


Many thanks folks!

[lostinparadise]

Hi

I think you misunderstood...i have successfully handed this into my local court but not without persistance.

So your county court can call up and check with

Clerkenwell County Court
Derby County Court
Mayor’s and City of London County Court

to see how this should be processed. Im sure there are many other courts but these are the 3 that come to mind.

LIP

[khronus]

I know thats a possibility but it could be more effort than its worth wheras I could just send it to one of these courts. I shall googl the addressof the courts you mention, thankyou!


K

[khronus]

Could you pm me your case number incase I do deciede to argue it with the local court, I can give them another claim reference then.

[lostinparadise]

Hi Khronus,

You can find them in the litigation section.

Hope that helps

LIP

pm on its way

[Josie8]

subscribing

[Lula]

what was the upshot of all this? did you ever send them the Non compliance letter or take them to court?

[noomill060]

I was wondering that myself.

[noomill060]

Im in the same position.

Small Claims court refused to hear the case.

Quite, quite wrong.

Did the European Court intend that Data Subjects put themselves at risk of costs in a County Court while simply seeking to enforce their Subject Access Request?

[Lula]

WHAT?? why on earth did they refuse to hear the case? its small claims, there is no risk to the subject

[noomill060]

The court refused to hear the case because the Data Protection Act says Data Protection Act cases should be heard in the County or High Courts.

Bizarre.

The judge adjourned my case, saying that she would reconsider if I could give case law where a small claims court allowed an S.A.R - (Subject Access Request) enforcement to be heard.