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    • If the claimant fails to draft directions the court can order a Case Management Hearing to set them but normally in Fast Track claims the claimant sets the directions...Unlike small claims track which are always set the court.
    • Not Evris offer, the court offers mediation service.   All claims proceed to hearing if mediation fails /not happen.   Why do you not wish to attend in person to stand your claim ?     Absolutely you must comply with the courts directions or your claim risks being struck out. Preparation for a hearing should happen irrespective of mediation.   https://www.consumeractiongroup.co.uk/topic/460613-suing-a-parcel-delivery-company-when-you-dont-have-a-direct-contract-with-them-–-third-party-rights-copy-of-judgment-available/#comment-5255007   Andy  
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    • Ok many thanks. Just wanted to check that nothing else for us to do / send for the moment. Will update again once we receive a copy of their N181 and proposed directions for review. Our post is a bit hit and miss at the moment. Appreciate the help through this process.
    • Yes and will ask you if you are in agreement and or wish to add /remove any direction.
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RBS SAR Request


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Help,

 

i am trying to claim back PPI from Lombard Direct and have sent a SAR request to RBS

 

they have now responded by telling me I need to apply for this from Idem Servicing,

 

anyone know why as i don't understand why this company would have all logs and correnspondence relating to my account.

 

The reason for this is the ombudsman couldn't help but did advise in a telephone call to hand the whole mess to a lawyer

and i believe that i can prove that RBS sent my account for legal action without actually asking Payplan for extra money until a month before i had a summons served.

 

Longwinded dispute and now 3 years after court action i have been paying each month but still seem to owe the same amount?

 

Ironic thing is PPI being redunded would wipe the debt out.

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Just Google Idem they are an ''information portal''

Holding electronically data from many companies.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 2 weeks later...
have snet a SARlink3.gif request to RBS they have now responded by telling me I need to apply for this from Idem Servicing

 

Did you send the SAR to the banks Data Controller in Edinburgh ?

 

The bank should not be refusing to comply, they should be responding to confirm they hold data and provide the documents, or stating that they do not hold data on you, and explaining why.

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The bank are not refusing to comply manyu

larege organisations use facilitie like Idem

to archive historical (over 6 years) for them.

Idem will retrieve the data probably a lot

more quickly than the bank.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Did you send the SAR to the banks Data Controller in Edinburgh ?

 

The bank should not be refusing to comply, they should be responding to confirm they hold data and provide the documents, or stating that they do not hold data on you, and explaining why.

 

Hi Thanks for that,

 

i sent it to the PPI department as they are refusing to review it because the ombudsman cannot investigate as they took me to court

(very sneakily by demanding more money but not telling Payplan the debt management company they wanted more money until a month before the papers were served

and then Payplan got confused and told me to attend but wouldn't need a lawyer and although i told the judge about the PPI being void,

he went with their lawyer and ruled against me and apparently the PPI was in the total cost which ties the ombudsman's hands

but on the phone the lady told me to get the paperwork for my account and "hand the whole mess to a lawyer") complicated i know,

 

been going on since 2003 so i am now requesting all documents for the Citizen Advice to look through as i cannot afford a lawyer.

 

Brigadier2jcs thanks for your input and i will SAR IDEM

as i believe i can prove they took me to court without telling my debt management scheme they were demanding more money but hadn't actually asked anyone for it.

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There will be many more uses of data archiving as

large groups of companies out source services to

cut cost, the companies are Not avoiding their

resposibilities by this.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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There will be many more uses of data archiving as

large groups of companies out source services to

cut cost, the companies are Not avoiding their

resposibilities by this.

 

You are wrong. They are avoiding their responsibilities, if they hold data on you, they have a legal obligation to provide it and not pass the buck.

 

The problem here is that the Data request was sent to the wrong department.

 

I will post up the address again, do not delete it this time.

 

The SAR needs to go to

 

The Data Manager

RoyaL Bank of Scotland

Regulatory Risk

Business House B

PO Box 1000

Edinburgh

EH12 1HQ

 

If you have already paid the £10 inform them, and don't pay it again.

 

Brigadier, I do not have a problem with CAB, but the fact is they are under staffed and do not have the necessary resources to train their volunteers in the complexities of Consumer Law.

 

Debbie

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It is a simple outsourcing exercise your intervention

is unhelpful, the OP will get the SAR mor quickly

by following the banks instruction SIMPLE.

There is no avoidance of anything.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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If you've paid the fee and they've avoided their responsibilities then send them a stern reminder...... it's not for the data subject to go chasing round the country trying to find the archivist.

 

Send Joyce, Margaret and Dawn an e-mail with the original request attached

 

From: Atkinson, Dawn \(Risk, UK Retail\)

From: Tudor, Joyce\(Risk, UK Retail\)

From: Mackenzie, Margaret \(Risk, UK Retail\)

 

 

 

What is a valid subject access request?

For a subject access request to be valid, it should be made in writing. You should also note the following points when considering validity:

  • A request sent by email or fax is as valid as one sent in hard copy.
  • You do not need to respond to a request made verbally but, depending on the circumstances, it might be reasonable to do so (as long as you are satisfied about the person’s identity), and it is good practice to at least explain to the individual how to make a valid request, rather than ignoring them.
  • If a disabled person finds it impossible or unreasonably difficult to make a subject access request in writing, you may have to make a reasonable adjustment for them under the Disability Discrimination Act 1995. This could include treating a verbal request for information as though it were a valid subject access request. You might also have to respond in a particular format which is accessible to the disabled person, such as Braille, large print, email or audio formats. If an individual thinks you have failed to make a reasonable adjustment, they may make a claim under the Disability Discrimination Act. Information about making a claim is available from the Equality and Human Rights Commission.
  • If a request does not mention the Act specifically or even say that it is a subject access request, it is nevertheless valid and should be treated as such if it is clear that the individual is asking for their own personal data.
  • A request is valid even if the individual has not sent it directly to the person who normally deals with such requests – so it is important to ensure that you and your colleagues can recognise a subject access request and treat it appropriately.

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I have cleaned up this thread and removed a number of posts. Will posters refrain from making off topic posts & read the site rules in regards to multiple accounts.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?9-Forum-rules.-Please-read-these-before-posting

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get that PPI reclaim in

ping me for help when you have the SAR results.

 

when we have the 'debt' sorted by this.

 

there are serious matters concerning the whole story of them getting the CCJ in the first place that i think need addressing.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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