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.
I am just about to do the preliminary approach for payment. They now owe me much more money than I'd previously thought - I've had the best part of £200 deducted in charges over the past week alone I am fizzing.
Anyway, there is also a DP Act issue with my claim - not only have they had an apparent disregard for the 40 day limit, but the statements came to my parents house, where I haven't lived for 6 and a half years, in a raggedy envelope, and then another copy of MY OWN statements was sent to my house but in the joint names of my husband and I - I am raging at this blatant disregard of my personal data.
I digress...I was going to include an additional para along the lines of the following - does it sound OK?
"Further, I am seriously concerned with the way in which the Bank have handled my personal data. Not only did you fail to send the documentation timeously, but you sent 2 copies of the statements to me - however one was sent in my maiden name, which I have not used for over three years, and to an address where I have not lived for over six years, and the other was sent to my current address, but addressed jointly to both myself and my husband. This contained details of my own personal bank account. In addition, BOTH copies of the statements were posted in envelopes which were quite evidently not strong enough to support the weight of the documentation inside, with the result that the envelopes had become ragged and torn in transit, and the contents were visible from the outside. I have retained the envelopes and also have photographs taken of them before I opened them.
You will note the terms of my original letter to you (copy attached for ease of reference) in which I stated that I would be prepared to collect the statements from my branch. If you were going to be unable to send me the documentation in a secure and lawful manner you could have asked me to do so. There is no justification for the appalling manner in which you have handled my personal data, and quite frankly, in the current environment where banks' handling of personal customer information is subject to widespread public scrutiny and media attention, your actions here are quite incomprehensible.
I look forward to the reimbursement of my charges as per the attached schedule within 14 days of the date shown on this letter, failing which I will take further action including contacting the Information Commissioner to obtain an adjudication that the Data Protection Act has been breached. You should be aware that if my charges are not reimbursed forthwith, I will also be seeking damages in respect of your breach of the Data Protection Act.
This letter is written entirely without prejudice to my rights and pleas and may not be founded on except with my express permission."
Does this sound OK?
I am fizzing.
.
Reply With Quote
