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:
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  1. #1
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    maxibon Informative maxibon Informative maxibon Informative maxibon's Avatar

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    Exclamation No reply to DPA...can I issue 'estimate' claim at same time?

    Hi Guys,

    I am currently in the process of proceeding with a claim via courts for a joint account but also have a sole account I had requested DPA details on.

    They have responded to the joint one but have not sent statements for the sole one despite the intial letter and 2 follow up phone callsicon to kindly remind them! 8)

    I am sure I saw somewhere then I can now proceed with an estimate claim based on what statements I DO have.... Can someone please confirm this and also what I need to do/state in order to report them for not complying with the DPA request?

    Help appreciated.

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    Maxibon


    Gonna take them for all I can and enjoy every second!


    RBS Account 1- S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Account 2 - S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Ac1- recvd S.A.R - (Subject Access Request) 28/12/2006
    Statements recvd Account 1 on 05/01/07
    LBA issued for Account 1 on 06/01/07
    7 days grace being given till 09/02/07
    Still no Response to S.A.R - (Subject Access Request) on Acc 2
    Breach on acc 2 DPA request
    N1 filed acc 2 28/02/07
    Acknowledged 16/03/07
    Defense submitted 30/03/07


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  2. #2
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    missm Novitiate

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    Default Re: No reply to DPA...can I issue 'estimate' claim at same time?

    I would not advise this... you will HAVE to show evidence if it gets to small claims, you can not use estimates.


  3. #3
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    Exclamation Re: No reply to DPA...can I issue 'estimate' claim at same time?

    I understand what you are saying but my point is that I have tried to obtain evidence and RBSicon have not provided this so all I have to work on is most recent statements ( about 5 months).

    Also wanted to ask how I go about claiming for them NOT providing my statements within the 40 days. I know I have to register a complaint with the OFT but I am sure there was another option rather than adding to the OFTs backlog...

    Thanks

    Maxibon


    Gonna take them for all I can and enjoy every second!


    RBS Account 1- S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Account 2 - S.A.R - (Subject Access Request) sent 20/12/2006
    RBS Ac1- recvd S.A.R - (Subject Access Request) 28/12/2006
    Statements recvd Account 1 on 05/01/07
    LBA issued for Account 1 on 06/01/07
    7 days grace being given till 09/02/07
    Still no Response to S.A.R - (Subject Access Request) on Acc 2
    Breach on acc 2 DPA request
    N1 filed acc 2 28/02/07
    Acknowledged 16/03/07
    Defense submitted 30/03/07


    If you need any advice re Moorcroft just ask!!

    If I have been of any help and you think I deserve it!
    Please click my scales to the left and if you wish leave a comment

  4. #4
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    telewest Informative telewest Informative telewest Informative

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    Default Re: No reply to DPA...can I issue 'estimate' claim at same time?

    edited


  5. #5
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    isidore Informative isidore Informative isidore Informative isidore's Avatar

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    Default Re: No reply to DPA...can I issue 'estimate' claim at same time?

    I think going back many months, the idea of estimating was toyed with but I don't think there has been much success with it. The problem is how do you prove that the charges you got at such and such a time were the same as 6 months previous? If you haven't had your statements, then send them a letter advising them you have made a complaint to the ICO, go to the ICO website and make an online complaint. Afraid you will just have to wait....

    Obviously, ensure they have received your letter. Did you send it recorded? Can you get confirmation from Royal Mail website?

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