Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



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)


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  1. #1
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    Default Lending Stream GDPR failure***Success***

    Well fellow caggers it seams like lending stream are taking no notice of the new GDPRicon regs

    I applied for a SARicon on 25 May and have just spoken to them to find out where it is as I have no comms from the part from their acknowledgement

    They have informed me that because it has been sold to Lantern that they need some more time to get the required information.

    I have informed them that I shall be reporting them to the ICOicon for failure to comply.

    Has anyone got the link to the letter I need to send to the ICO I can't seem to find it now


  2. #2
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    Default Re: Lending Stream GDPR failure

    SARicon



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  3. #3
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    Default Re: Lending Stream GDPR failure

    Thanks BF


  4. #4
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    Default Re: Lending Stream GDPR failure

    The GDPRicon gives you the right to civil remedies for both material and non-material damages. Rather than report it to the ICOicon why not bring a claim in the county courticon?


  5. #5
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    Default Re: Lending Stream GDPR failure

    mra, how would I go about it, I live in NI


  6. #6

    Default Re: Lending Stream GDPR failure

    Report the fact they are being obstructive to the ICOicon
    Why dont you start an IRL complaint anyway?

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  7. #7
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    Default Re: Lending Stream GDPR failure

    I have already DX

    I only had one loan with them and it went to the Ombudsmanicon but was rejected

    my main reason for this SARicon is to see if they carried out the default procedure correctly and see what info they have in case of a claim being issued


  8. #8
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    Default Re: Lending Stream GDPR failure

    I'm not sure how the court system works in Northern Ireland, but in the England and Wales you'd send a letter before actionicon and then issue a claim in the court.

    The cause of action is their breach of their statutory duty under the Data Protection Act 2018 and you'd claim damages for distress.

    If you issue a claim you'd want to keep it small - 250 would be a good starting point.


  9. #9
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    Default Re: Lending Stream GDPR failure

    There is no requirement for a lbaicon in NI so I have just raised a small claimicon online through the NI Courts service for 250, lets see what the come back with


  10. #10
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    Default Re: Lending Stream GDPR failure

    I have now received an email from NI Courts and Tribunal service saying they have to refer the claim to a judge to see if it can proceed as the courts staff don't know if you can submit a claim for damages due to distress

    I will say that all small claimsicon are checked by court staff before being issued in NI

    anyone heard of this sort of thing in the UK?


  11. #11

    Default Re: Lending Stream GDPR failure

    Checks are also carried out that claims are suitable for MCOL (England & Wales)

    Please be aware that not all disputes are suitable for MCOL. For more information on
    different types of disputes you can download booklet EX301 – ‘I’m in a dispute – what can I
    do?’ from www.justice.gov.uk/forms

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  12. #12
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    Default Re: Lending Stream GDPR failure

    MCOL is probably not appropriate for this sort of claim as your damages are for "distress" which is technically a personal injury. You'd want to issue the claim through your local county courticon.


  13. #13

    Default Re: Lending Stream GDPR failure

    Quote Originally Posted by mrabody View Post
    MCOL is probably not appropriate for this sort of claim as your damages are for "distress" which is technically a personal injury. You'd want to issue the claim through your local county courticon.
    Cant anyway...this is Northern Ireland

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  14. #14
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    Default Re: Lending Stream GDPR failure

    I've had a letter form the court asking me the legislation I am using for my claim

    I have told them it is chapter 8 article 84 of the GDPRicon regs


  15. #15
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    Default

    it is actually the Data Protection Act 2018 which gives legal effect to the GDPRicon in the UK.


  16. #16
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    Default Re: Lending Stream GDPR failure

    Thanks MRA, ive informed them I will be relying on the Data Protection Act 2018 as well


  17. #17
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    Default Re: Lending Stream GDPR failure

    well whilst the claim is being queried LS have sent what they think is sufficient as a SARicon

    they've included
    1) Statements
    2) Application
    3) DN
    4) TN

    No screen prints, calls, who they've disclosed my data to etc

    I have emailed them to notify them of their failings and have given them 48Hrs to comply

    Im awaiting my claim coming back from being looked at by a Judge but I am going to let it run


  18. #18
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    Default

    Quote Originally Posted by mrabody View Post
    it is actually the Data Protection Act 2018 which gives legal effect to the GDPRicon in the UK.
    Not quite correct, until Brexit that is. The GDPRicon is in effect without the DPA 2018 but the DPA makes changes, exclusions and exemptions as allowed for by the GDPR so they both have to be read together. Mostly the DPA just incorporates the GDPR for when Brexit occurs with main exemptions for security services and crime detection from a number of provisions of the GDPR.


  19. #19
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    Default Re: Lending Stream GDPR failure

    From tracking my Claim online I can see that the judge has responded and my claim has moved from being queried to being active

    So the judge has accepted I have a valid claim and I will wait for whether LS contest the claim or defend it


  20. #20
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    Default Re: Lending Stream GDPR failure

    well claim packs have been sent today

    got an email over the weekend from LS saying they are looking into my email where I told them they were deficient in their late SARicon

    as the papers have now been issued I won't be stopping my claim against them and will wait to see if they defend it even if they do provide me with the info as they were still late in giving me the SAR info


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