 Data Protection Act Damages/Default Removal Court date 16/07/07 **WON**
I know that there is so little info here on actual litigation cases involving claims for damages under s13, Data Protection Act that I thought it might help anyone else interested in taking this path that you CAN win compensation too!
Although not a massive amount of money, it is the principle here that counts with me. James Arrandale has agreed to settle for £597 and cease processing my data in return for stopping my court action due to be heard this monday, 16th July 2007. The amount I asked James for was £347 for my costs and £250 for damages under the Data Protection Act
Brief History: S.A.R - (Subject Access Request) sent to Shabbey 3 March 2006 (still not fully complied with!). Eventually, after 8 months, got all statements but not all info requested under Subject Access Request so still took them to court for charges in november 2006. Settled for full amount of £491.91 on March 12 2007. My main mistake was not tying in the removal of my default to the settlement.
However, default for £278 was still in place and Shabbey refused to remove it despite serving them with Surlybonds Default letter and s10 notice under Data Protection Act to cease processing my data.
At this point I was absolutely mad with Abbey's whole attitude, time wasting, loss of letters, and complete disregard for me or my communications. It had taken 12 months to get this far, lots and lots of time spent reading on this site, lots of letters and still they refused to remove the erroneous default or fulfill my Subject Access Request request.
Rather speculatively, I issued a new N1 (7HD00796). Brief Details of Claim: Damages for non compliance Section 13, Data Protection Act 1998; Order under Section 7 & 15 (2) of the Data Protection Act 1998
Value: I expect to recover not more than £5000
The letter from James Arrandale (Shabbeys Solicitors) arrived yesterday and we started emailing, ending with a personal phone call last evening and a great result as far as I am concerned! It is a shame Shabbey let it drag on so long and that I had also taken days compiling my court bundle, but oh well ... my concern here was not monetary but the removal of the default.
Not sure if I should pm a moderator, as it isnt strictly for bank charges and did not actually reach court?
Hope this gives someone hope and the strength to go for it and also make a claim for damages! | 
Re: Data Protection Act Damages/Default Removal Court date 16/07/07 **WON** 
