Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    melaniebree Novitiate

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    Default Non Compliance with Data Protection Act Subject Access Request

    I have applied for my statements from Natwesticon Bank Plc. They have banked the £10 cheque but are now 11 days over the 40 day limit and i still have no statements despite various chasing letters/faxes.

    i have now prepared an Application to the court for pre-action disclosure however i am unsure if this is possible or enforceable as i was under the impression that some kind of protocol had to be in place before an Application could be issued.

    without any statements i cannot guess how much my claim is worth. i would be grateful for any help you can offer.

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  2. #2
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    Default Re: Non Compliance with Data Protection Act Subject Access Request

    There are some helpful pointers HERE and HERE.

    Hope that helps


    Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.


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  3. #3
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    simon nicholas Novitiate

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    Default Re: Non Compliance with Data Protection Act Subject Access Request

    Quote Originally Posted by melaniebree
    I have applied for my statements from Natwesticon Bank Plc. They have banked the £10 cheque but are now 11 days over the 40 day limit and i still have no statements despite various chasing letters/faxes.

    i have now prepared an Application to the court for pre-action disclosure however i am unsure if this is possible or enforceable as i was under the impression that some kind of protocol had to be in place before an Application could be issued.

    without any statements i cannot guess how much my claim is worth. i would be grateful for any help you can offer.
    I am about to start a claim against Natwest.
    Where did you get the address to request of charges details?


  4. #4
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    martinpar Novitiate

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    Default Re: Non Compliance with Data Protection Act Subject Access Request

    Simon, I am in exactly the same position as Melanie. I used the address from the information commissioner link on the SARicon template page.


  5. #5
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    melaniebree Novitiate

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    Default Re: Non Compliance with Data Protection Act Subject Access Request

    the information commissioner did nothing for me. i eventually issued an application for pre-action disclosure at the court and Natwesticon took that very seriously. i am not allowed to divulge the result to 3rd parties but my claim is over and i'm buying a new car.


  6. #6
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    Default Re: Non Compliance with Data Protection Act Subject Access Request

    thanks for that melanie.. nat west didnt respond to my SARicon and ive been hesitant about taking them to court for non compliance.. encouraged by your story ive decided to go ahead... not least because i want a new car!!!! well done

    cap one - prelim letter sent 23/8 £460 owed
    partial refund, now sod off letter received 6/9
    lba 5/10, claim served 30th jan,
    CAP ONE SETTLED IN FULL 15thTH FEB!!!


    lloyds card services - prelim sent 23/8 £332 owed
    sod off rerceived 25/9
    lba 26/9
    claim issued via mcol 13/10
    awaiting papers from SC&M
    court date set for 26th March


    nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.
    non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!
    5/10 lba sent for pre action disclosure
    settled in full 2.1.07



    cahoot - Data Protection Act sent 7/8 on hold for a while

    Tesco - prelim sent 6/10 £200 owed

  7. #7
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    melaniebree Novitiate

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    Default Re: Non Compliance with Data Protection Act Subject Access Request

    i didnt issue for non-compliance. i filled a N244 (application noticeicon).

    if you want the wording that i used, then i can e-mail or fax a copy of it to you along with a template of my statement and the relevant order i requested.

    it was prepared by one of the solicitors i work with and worked a treat! think it took 2 days for statements to arrive.

    the thing is you should give two weeks' notice before issuing against them so write a letter today and then you'll have two weeks to prepare the paperwork. it's not that difficult.


  8. #8
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    melaniebree Novitiate

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    Default Re: Non Compliance with Data Protection Act Subject Access Request

    i wrote to my branch to get details of charges but they've managed to lose a few cheques when my friends have done the same. you're best calling your branch and asking where to send the request to.


  9. #9
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    martinpar Novitiate

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    Default Re: Non Compliance with Data Protection Act Subject Access Request

    I think you might have misunderstood my post. I was saying that I got the address to send the SARicon from the link on the SARicon letter template page, which is a link to the information commission website. It gives you the address which is registered for data storage by your bank. Would seem to be the most correct address to use.

    Still no sign of my statements so sending an lbaicon today. Melanie, I note you say 14 days when the information on here suggests 7 days. Is that because you used a different court procedure with the N244icon?


  10. #10
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    Default Re: Non Compliance with Data Protection Act Subject Access Request

    hi melanie
    sorry i misunderstood.. obviously you feel the application for pre action disclosure is a better way than the n1 form for non compliance.. thing is i dont really understand the legalities of this.. sorry to be so dumb.. id be very grateful for your help.. could i pm you my email address and you could send me the relevent info.. although i have sent them a letter before actionicon regarding their non compliace giving them a further 7 days to come up with the goods.. needless to say they havent!! can i now proceed the way you did..(given the fact that ive already threatened them with court action and not carried it through!) think perhaps you should have your own template section!!
    thanks karen

    cap one - prelim letter sent 23/8 £460 owed
    partial refund, now sod off letter received 6/9
    lba 5/10, claim served 30th jan,
    CAP ONE SETTLED IN FULL 15thTH FEB!!!


    lloyds card services - prelim sent 23/8 £332 owed
    sod off rerceived 25/9
    lba 26/9
    claim issued via mcol 13/10
    awaiting papers from SC&M
    court date set for 26th March


    nat west - Data Protection Act sent 11/7.. non compliance.. considering court action.
    non compliance letter sent 29/8 giving them a further 7 days- gave them loads more days!!
    5/10 lba sent for pre action disclosure
    settled in full 2.1.07



    cahoot - Data Protection Act sent 7/8 on hold for a while

    Tesco - prelim sent 6/10 £200 owed

  11. #11
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    Default Re: Non Compliance with Data Protection Act Subject Access Request

    Questions such as these are much better asked in the relevant forum for your bank as they can be answered by people who have already experienced the situations.

    This forum is designed mainly for people to introduce themselves and get started on the very first steps and as such experienced users rarely venture into here.


    BEFORE
    starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

    If you win, donate to this site
    Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.



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