Data Protection Act non compliance help?

DRIVERS · 18th April 2006, 13:47

normal spiel "very sorry to learn of your disappointment with the service you have recieved."

thank you for taking time to highlight your concerns (ya de ya)

hears a leaflet

do u send the letter before action as normal, as it is approaching time

jonni2bad · 18th April 2006, 13:51

If they have dismissed your request out of hand then you will not need to wait until the deadline.

However, if they have said they are investigating and will get back to you, wait until the deadline before sending the LBA.

DRIVERS · 18th April 2006, 14:19

yea they have sed they are investigating the deadline for the LBA is this thursday and the letter was recieved today(tuesday)

jonni2bad · 18th April 2006, 14:53

OK, just wait until Thursday then.

DRIVERS · 21st April 2006, 20:12

I sent in my Data Protection Act request approx 4 weeks ago for two accounts held with the alliance, recieved info for 1 acc, but not other, just to double check 1 DPA request is enuff dont have to send 2 with 2 cheques

jonni2bad · 21st April 2006, 20:58

You only need to send one request for info within one organisation.

Hope that helps

DRIVERS · 22nd April 2006, 16:49

yea fort so but just to be on the safe side

DRIVERS · 22nd April 2006, 16:51

Just recieved response to request for repayment, norm crap its all legal were not paying you but heres a £50 refund as a goodwill gesture.

Looks like the court papers are getting sent

jonni2bad · 22nd April 2006, 17:06

You seem to have things in hand - just be aware that you can proceed without accepting their offer if they have specifically stated they will not refund you, otherwise accept their offer but only on condition that you will be claiming the remainder.

Best of luck.

Natasha · 22nd April 2006, 17:07

i would send them a reminder or give them a quick phone call, if you havent received all the information.

best wishes

DRIVERS · 18th May 2006, 10:39

A+L have had the 40 days + the extra 7 days grace still not replied (funny thing is had a paperwork all 500 pages of it within about 5 days for current acount) just to confirm file claim for non compliance of Data Protection Act request using n1 form.

DRIVERS · 21st May 2006, 14:28

about to file court papers for the non compliance have read template on it, but unsure about damages as dont really have an estimate of how much they have taken, where do u go from there

StoneLaughter · 21st May 2006, 15:13

There is no "Damages" to be filed in a Data Protection Act Non-Compliance proceeding. Put £1 or something if you HAVE to enter anything. You might actually find it's easier to go to court and have the staff help in this particular case; the form isn't really set out for it.

21st May 2006, 16:48

Threads merged as you had 5 going at once!

Louise

alanfromderby · 21st May 2006, 17:34

Quote:

Originally Posted by StoneLaughter

There is no "Damages" to be filed in a Data Protection Act Non-Compliance proceeding. Put £1 or something if you HAVE to enter anything. You might actually find it's easier to go to court and have the staff help in this particular case; the form isn't really set out for it.

It may be helpful to enter damages, even if it is just for the cost of sending the Letter Before Action regarding the non-compliance. It means that you can put a figure in the money claimed box - and seems to save a little bit of confusion as far as the staff are concerned.

It is possible that the court will not have seen one of these claims (unless of course you are filing at Derby or Clarkenwell), and if they question it, it is important to stress that the Information Commissioner has indicated that these claims are to be treated as Small Claims Track - and the fee will be £30. Do not let them give you any other forms to complete.

DRIVERS · 18th June 2006, 11:24

having filed the papers for non compliance to the Data Protection Act reuest at court, recieved a letter a day or so later dated on the same day the claim was filed with attachments of a list of charges only dating back to april 2003 adding upto 1300. the letter also said if I wanted all records asked for would have to fill in another subject access form and pay another £10 fee, for which I have already paid when I filled in the first form and listed the acc's i wanted the info for, should i be accept this letter and file for these charges, or chase the year and half or so that is missing.

Also now that they have sent me info albeit not full, does the non compliance still stand.

StoneLaughter · 18th June 2006, 11:31

Yes the non-compliance still stands.

Janet-M · 18th June 2006, 11:32

The non compliance still stands as they have not give you all the information you have requested and you certainly do not have to pay another £10

DRIVERS · 18th June 2006, 12:26

sorry to ask again but just to clarify when u get the subject access form and fill the info in for the acc's u want info on they have to send it about all acc's dont they, even if the current acc and credit card acc are different addresses my son says yes but im still a little incertain.

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