Data Protection Act Court Action - does anybody know ?

[R1Pilot]

Hi All,

I've done all the necessary to get an Subject Access Request from RFS ltd (Renault financial services) however, they have completely ignored all correspondance, despite all letters being delivered and having cashed the £10 payment cheque ! ...so I'll have to file in the small claims court to force disclosure.

RFS are part of GE capital, which is owned by the HBOS group, so I'm wondering if I can claim that my local court has jurisdiction in this case, as HBOS has a local branch (RFS would be Chester) ....obviously, it would make life a lot easier for me to do it in my local court rather than Chester, does anyone know if I can do this ?

[R1Pilot]

Anybody ???

[buzby]

Are you sure GE Capital is part of HBOS? Capital Bank is most certainly, but I was under the impression that GEC was still US-owned (although HBOS by provide them with office facilities.

As for court action, complain online to the Information Commissioners Office that having sent a Subject Access Request with payment there has been no response, that will start the regulatory ball rolling - as for the lack of disclosure, a Small Claims action will cover this but will be for the full fee even though at this stage you are not chasing money. Effectively you are forcing them to provide the information required under statute.

[R1Pilot]

yeah sorry, it is Capital Bank, not GE Capital ....what I need to know is - can I lodge it in a scottish court and claim jurisdiction because RFS (although based in Chester) is part of the HBOS group, which does have a local branch in Scotland ????

[buzby]

My answer to this at the moment is 'maybe'! I'm pursuing Capital Bank, but their data coimpliance people are not based in Chester, but in Trinity Road, Halifax. ONce I get my SAT sorted out I will pursue them, but if a consumer contract you can take your pick of Halifax or Edinburgh, whichever suits you best, depending on the amounts involved.

[Jennip34]

MBNA are based in Chester and I submitted a Summary Cause at Edinburgh Sheriff Court against them so you'll be fine

[R1Pilot]

what I really need to confirm is - that it is valid to summons them because the Group that they are part of, has Scottish branches as - RFS themselves DO NOT have a branch in Scotland (that I know of anyway)

so basically Im saying - the court has jurisdiction because RFS are part of Capital Bank, who in turn are part of the HBOS group, who have branches in Scotland ! lol

[buzby]

It doesn't matter as it is a consumer contract, but who is RFS...? It's bad enough Capital Bank being a subsidiary of HBoS, but are they trading witrh additional subsidiaries too...?

[R1Pilot]

Renault financial services

[R1Pilot]

I'm also wondering 1) if I can use exactly the same wording that's on alanfromderbys template letter for the court application ?? .(...as I haven't seen a scottish version on here) and 2) does it have to be to a named person, or can I just put "Data Controller" ...they have ignored completely, so I don't have any names to state !