Re:SAR non-compliance action.DCA has admitted liability, paid damages, data missing

[noomill060]

Sent a DCA (NCO (Europe) Ltd a S.A.R - (Subject Access Request) back in June. They failed to comply so I started small claim for compliance.

 

They admitted liabillity last week and have paid my damages claim in full.

 

They supplied call log data only, my SAR included audio files/ transcript of calls, all comms sent to and from myself, from NCO and their clients, (Paypal) and a whole bunch of other stuff.

 

Like I said , they have admitted liability to me and the Court.

 

This morning I recieved a letter saying that the call log is all the data they hold on me, but fail to explain what happend to all the letters they sent to me and my responses.

 

Oh dear.

[Paintball]

Sent a DCA (NCO (Europe) Ltd a S.A.R - (Subject Access Request) back in June. They failed to comply so I started small claim for compliance.

 

They admitted liabillity last week and have paid my damages claim in full.

 

They supplied call log data only, my S.A.R - (Subject Access Request) included audio files/ transcript of calls, all comms sent to and from myself, from NCO and their clients, (Paypal) and a whole bunch of other stuff.

 

Like I said , they have admitted liability to me and the Court.

 

This morning I recieved a letter saying that the call log is all the data they hold on me, but fail to explain what happend to all the letters they sent to me and my responses.

 

Oh dear.

 

 

Er, call me daft but what about a Bailiff equivalent for seizing info which you know they will have in their little filing cabinet/hard drive ... somewhere:rolleyes:

[Curlyben]

Watching with interest.

I really want to stick it to these "people" as well.

Made our lives hell for a couple of months and completely ignored TS with our complaint.

[noomill060]

I suspect that a judge would want to have a word with their Data Controller, should they fail to comply with whatever order the Court makes.

 

As they have already admitted liability, legs to stand on may be in short supply.

[rory32]

So NCO now stands for Non Compliance Order

 

Well done. It'll be good to see how this one pans out.

[Paintball]

I suspect that a judge would want to have a word with their Data Controller, should they fail to comply with whatever order the Court makes.

 

As they have already admitted liability, legs to stand on may be in short supply.

 

Hmm yes, the Data controller is not properly executing his duties ... have him removed to tea making

[patrickq1]

have their licence to trade removed even better still

[rory32]

noomill what were your POC? Were they just from the template on this site or did you make any changes?

[noomill060]

Hi Rory- basically the CAG template with a few tweeks

[noomill060]

The main tweek being this-

 

9. The Applicant notes that on 21/11/06, a Royal Bank of Scotland customer was granted a County Court order in respect of the failure by the Royal Bank of Scotland to comply with his disclosure request under the Act and that District Judge Forrester, sitting at Poole County Court, making the order, commented that “had the claimant been able to supply him with the name of the data controller at the Royal Bank of Scotland, that he would have added a threat of imprisonment for non-compliance.”

[noomill060]

 

Bad, bad noomill...

[rory32]

No. Good, good noomill

[Shanks]

That's brilliant noomill Oh to be a fly on the wall when that one hits the desk.

 

Great stuff...

[noomill060]

It already has and they have waved the white flag, unfortunately for them, it's not good enough.

 

I want their heads on the spikes of the railings at Preston railway station.

 

 

"No mercy, no surrender, kill them all and take no prisoners"

 

(as Alexander the Great and Julius Caesar no doubt said at some point!)

[Brassed off]

Noomill - subscribing......

 

FYI - went shopping in Preston a couple of weeks ago and thought I would take a look at NCO's premises and surprise, surprise, my Sat Nav couldn't find NCO - didn't recognise address or postcode;)

 

I wonder why that is then?

[noomill060]

Sent my letter to Civil Processing Centre last week, noticed today that my claim against NCO has been transfered to our local Court.

[noomill060]

NCO's building is fairly recent- maybe the satnav thing hasnt been updated?

 

I know sensitive govt things covered by the Official Secrets Act dont show up on Ordnance Survey maps- the Post Office Tower or what ever they call it these days, didnt appear on maps until a few years ago and the address was a state secret!

[noomill060]

In court for a directions hearing with these munchkins on Thursday.

 

They have provided a response of sorts, of what they intend to rely on.

 

They admitted liability and paid up, but didnt comply in total with the requirements of my SAR.

[noomill060]

Well that was an embarrasing episode!

 

Got to court, the court was a small room full of disgruntled and apprehensive people.

 

Judge appeared and after some waffle, sent myself and NCO's barrister off for a chinwag.

 

The barrister handed me a copy of Durant-v-FSA and told me that NCO considered that they didnt consider the data I wanted was personal data or that it would require disproportionate effort to get hold off, and that was that.

 

She confirmed that the data was held in computer format and consisted of emails from Paypal along with other peeps data so they didnt have to supply it.

 

Anyway, about 12 noon, the judge came back and NCO's barrister made an excuse to leave as she had another case going on in another court.

 

Judge asked me to sit at the front and said that as I was using Data Protection Act, the Small Claims court was not the place for it.

 

I should have gone through the County Court instead. Doh!

 

Reading s.15 it appears to be correct:

 

15 Jurisdiction and procedure

(1) The jurisdiction conferred by sections 7 to 14 is exercisable by the High Court or a county court or, in Scotland, by the Court of Session or the sheriff.

 

The judge adjourned my case to let me consider my next move, but said that unless I could provide case law to the contrary, she would have to transfer the case to the County Court in order to hear it and give judgement. I wouldnt lose my court fee, but of course in the event of losing, I would be liable for costs.

[noomill060]

Also had an assessment hearing against Barclaycard for the same thing- non compliance with a SAR.

 

Same result- Small Claims courts cant hear DPA cases. Adjourned.

[Brassed off]

Oh no noomill - what a day. What's your next move then? The only reason I ask is that I've never been to court and I find it interesting to see what happens to other CAGers.

 

A very interesting thread - thank you:)

[jysmystry]

Data Protection Act 1998 (c. 29) Part II Section 7 (9) states...

 

If a court is satisfied on the application of any person who has made a request under the foregoing provisions of this section that the data controller in question has failed to comply with the request in contravention of those provisions, the court may order him to comply with the request.

... and the same act and section 15 (1) states...

 

The jurisdiction conferred by sections 7 to 14 is exercisable by the High Court or a county court or, in Scotland, by the Court of Session or the sheriff.

 

If the smalls claim court (which is a division of the county court in england) has stated small claims track cannot deal with DPA non-compliance then presumably the N1 must specifically state not to follow the small claims route. If not then the act suggests its the High Court which i cannot imagine going ahead for our purpose here. An appeal maybe on procedural grounds but not an initial non compliance.

 

It would be real useful to get some clarity here.

 

Anyone motivated enought to see if there is anything on here?

[jysmystry]

just because i like to spam this thread should clarify. You can use the Form 8 (non monetary) claim for to go through the county court or can argue the toss with the clerk to use the N1 for small claims.

 

There are references in this thread to courts who have passed judgment on a DPA non-compliance in the small claims and the last posts refers to posts in the litigation section with case reference numbers you can use to satisfy them.

[noomill060]

Thats great. Thanks for your help.

[jysmystry]

no worries, just let us know if they accept