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Today was 41 days since my recorded deliverly letter was signed for at Bexleyheath, without any statement etc recieved.
I phoned openplan and spoke with a very helpful assistant, who spent ages looking into it, finally came back to me, apologising for the "technical error" and that my information would be rushed to me (she re-sent the letter from me to the correct department) She was kind enough to give me her full name, and make a computer entry into the system of my call today chasing the DPA, and her actions.
I should finally get the info in the next 3-5 working days.
I wonder should i report them for going over the 40 days? or hold back for now, but use the threat of reporting them to further strengthing my claim?
send them a letter, regardless of the conversation you had (these good intentions tend to fall by the wayside once the customer is no longer on the phone) giving the 7 days to comply. Failure to comply will mean you escalate the matter into a complaint to the IC and/or action in the county court.
I would agree with mahala, however, include in the letter the details of your telephone conversation including the name of the person you spoke to, and say that you expect to receive the information within the promised timescale, or you will take enforcement action.
Alan, Derby, UK.
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Advice given is purely my opinion, and is not based on any legal training.
On 27th of March 2006, a recorded delivery letter from myself was received and signed for at your address above. This letter asked for information on the above mentioned account under the data protection act of 1998. The request was for a list of transactions and charges for the past 6 years applied to the above account.
You have failed to provide a complete list of transactions and charges.
Accordingly, I have to tell you that you have not yet complied with your obligations under the Data Protection Act 1998.
The time for compliance with my request has now expired. If you do not comply fully with my Subject access request within 7 days, I shall apply to the county court for an order to enforce compliance, together with damages at the discretion of the court.
i have ome back from sending my first letter to bexleyheath asking for my £624.50 back, so watch this space 14 days from friday and the lba goes out.
The less they know their ass from their elbow is all the better for us, from other threads i expact this claim to end up in court without the woolwich showing up to defend it!
The 8% interest add up to £108, and yes it would be nice to get back.
But if i had the choice of £624.50 next week, or £732.50 in another 6-8 weeks time, plus a further outlay of £120 court costs on my part (although i will get this back) i would accept the £624.50.
But in saying that, i will not accept a partial payment, i want all my money back (£624.50)
if it comes to anything less than that it goes to court and the 8% gets added plus costs, so hopefully the back will see this and realise that by paying me my £624.50 they will save themselves a further £228 in interest and court costs.
That would mean paying out roughly 33% MORE than my initial claim! a good banker would see this and cut their losses!
Woolwich passed the 40 days allowed!!!
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