Hi kevvy, standard bog off letter. At no point in the process do they admit any wrong doing. Even when they pay up, which they will, they will still state that their charges are fair, we have done nothing wrong blah blah blah..... straight to the money claim then... go get em:D

nothing from the hellifax yet...tomorrow is the deadline to file their response. Reading the paperwork from the court if they fail to respond then i can request a judgement by the court ...which i guess would be to order compliance with the SAR, pay damages listed, and any other damages at the discretion of the court. Advice from anyone who has already done this would be appreciated. The really annoying thing is Halifax continue to hit my partner with ever increasing charges whilst at the same time completely ignoring the SAR and all reminders, thus preventing us from getting back her charges and putting to an end this snowball effect.... GGRRRRRRRRRRRRRRRRR!!!

hi kevvy, yep, as i said, if they respond within the 14 days then go straight to the next step . so if you have already sent the LBA and they have responded with the usual get lost reply then go straight on to the money claim

not really sure, i have only seen this a couple of times. As i understand it the main objective is to force compliance with the SAR, so that we can review our charges and then follow the normal time frame as it were. Within the claim the judge has the opprotunity to award discretionary damages. If i recall, on one thread i saw i think the judge gave them something like two weeks to comply, and said that if he knew the name of the Data controller he would have jailed him, and if they didnt comply with his order he would find out the name of this person and do exactly that!! Maybe someone else has more of an idea on this, looking for some help myself on what i need to do next as notice has been served now to the hellifax and they have until the 9th to respond.

was jsut about to let you know its in the templates library, but see you have found it already! I ahve had to do the same thing with halifax, take court action for failure to comply. The particulars of the claim for this are also in there

Kevvy, generally leave it 14 days in order to allow reasonable time to reply or take action. If they have replied to your preliminary letter within that time frame, then no need to wait any longer go ahead and send the LBA straight away

received a letter back from the information comissioner yesterday re the failur to comply by the halifax. In essence, paraphrasing...."in view of the information provided they appear to be in breach of the 6th principle of dat protection (processing personal information in line with an individuals righst under the act)...because they did not comply within the statutory 40 day requrement...since the OFT's report about penalty charges there has been a significant incera sin the number of subject access requests, but they are still required to comply within the 40 dya timescale.....written to the Halifax to order them to comply as a matter of priority........but this is not a criminal offence and we cannot punish an organisation for breach of principle....blah blah blah. in other words all we can do is tell them off and hope they behave themselves in the future

yep...standard bog off letter we've done nothing wrong send the LBA letter. they will probably reply to that with heres a £100 good will payment now get lost. that seems to be there normal pattern. They did that on both my accounts MBNA and A&L (a&l is operated MBNA). go get em kev kevin:)

ok...received copy of notice of issue against the hellifax for DPA non compliance. will be deemed as served on the 26th january, defendant has until feb 9th to reply. This is what i put in for the particulars of the claim, as per the info in the librar 1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject. 2. The Claimant has an account number xxxxxx ("the Account") with the Defendant which was opened in 1997 . 3. On 12th September 2006 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant. 4. The Defendant has failed to comply. 5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage. 6. The damage caused is: Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £xxxx 7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request 8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request. 9. Damages and costs within the discretion of the Court. I believe that the contents of these particulars of claim are true Signed: so, not having had to issue an action before for failure to comply with DPA, can anyone tell me what happens next? are they likely to comply with the SAR comply straight away and pay the damages & costs , or will it go before the judge? obviously the main thrust of this action is to get my partners information so we can pursue repayment of her charges

yes nailz, on the N1 form you will claim charges as per your schedule of charges , plus £xxx in interest as calculated on the spreadsheet, and also interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day {(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day) }OR at such rate and for such periods as the court deems just. take a look at this template from bankfodder in the templates library 4. Particulars of claim- N1- hard copy version I must learn how to paste in links!!!! kevin

As crash said, there is more room on the N1 form for the particulars of claim. Yes the N1 form can be used to start your action. The are templates in the library and particulars of the claim that need to go on it. Also include a copy of your schedule of charges with interest calaculated. Take this (3 copies needed actually, i had to pay a couple of quid at the court to get the other 2 copies!) to the court and they will advise you how much it will cost to start the claim, again the cost depends on the amount of claim, it can be up to £120. At the Aq stage there will be a further £100 to pay as your claim is over £1500

Hi Nailz, after you start the money claim you will first receive an acknowledgement of service, & then both parties will be sent and allocation questionaire to fill in, and this is all the relevenat information relating to the basis of the claim and when the banks etc indicate whether they intend to defend etc an d the basis of their defence. You will be given a date by which it must be sent back to the court. If your claim is over £1500 then you will have to pay a further £100 at this point, (which you claim back at the end). There are exemptions for this fee for people on ebenfits etc. details of the information that you should include are in the library:)

CONRATULATIONS CRASH!!!.... great news, well done

Hi Kevvy, not sure exactly what you have on these statements, If there has been manual intervention, which i would doubt, then they must specifically state that. Even if it does, they would then have to prove by accurate, auditable and quantifiable means that this manual intervention was equal in cost to the charge levied against you .. The banks and credit card companies will not be keen to do this as it will prove what we all know already, that they are overcharging!!

love it...the banks fall on their sword again !!!

Hi all, i am takin on the Hellifax on behalf of my pertner. We sent the SAR back on the 12th of September. They cashed the cheque, sent a letter after 4 weeks sayin gthey would process the request, and then nothing despite several reminder letters and reporting them to the info comissioner. I have now started proceedings against them for non compliance, took the N1 forms to birmingham county court approx 10 days ago... they said it would take up to 10 days to process ,,waiting to hear further from the courts

Hi Gary, congratulations and well done... I followed your thread on your original claim but only just picked up on this one...great letter by the way!!! i have recently started lloyds the sequel...£400 in charges taken during the course of my original claim. I sent my prelim and LBA to Colmore row as per my first claim. So far they have not even acknowldeged receipt of the letters. So looks like i may have to start down the money claim route again next week. keep up the good work..its agreat inspiration to the rest of us:)

Hi Sibry, i got my charges back from capital one even though my balance was higher than the amount they owed me. They refunded the charges to the balance to the balance, reducing the balance owed. They do keep moving my account around, one minute with them, then legal and trade collections... then back to capital one ...they are still moving it around now!!! but its necver been closed.. go get em..

Hi Glittery girl, the answer to your question is yes...you should send the £10 with your SAR as per the banks. If you have more than one account, then it still only costs £10 , just list all account numbers for which you require the information. Some of the have been returning a copy of the charges and returning the cheque. But send the cheque any way so they do not have an excuse to delay things..if they decide to return your cheque and give the info FOC then thats a bonus! good luck:)

Hi Turquil...and welcome to the forum..sounds like you received the "standard" type of response. As Barty says...send of the LBA letter as per the library with an up to date schedule of charges....then after 14 days start the court process.... good luck

i used the N1 form from the librarary and filled it in as per the non compliance particulars of claim from the library. Took a trip to birmingham county court on friday and filed the claim for non compliance and damages. For damages i basicaly claimed the cost of extra letters, 2 hours loss of earnings to got to the court , parking and travel costs, approx £32 + court costs of £30. They said it will take 5 to 10 days to process....

As Lucid said, providing that when they settle you reject any conditions and reserve the right to make future claims in respect to unlawful charges then you can keep on claiming. Im on round 2 with lloyds, going after charges that occured after my moneyclaim started that they would not add on to the settlement

Hi Mate, great news, well done and congratulations!! m

Hi Mike, as Barty said, cheque made payable to lloyds TSB. re MBNA, if you have the account number just send the SAR letter and go from these as per the FAQ's. If you dont have the account number i would imagine they would be able to trace that given enough personal information such as name, DOB and address at the time you had the account. Maybe somebody els can comment on that good luck

Hi Buckhunter, congratulations....nice feeling isn't it? They made the same noises when they settled my claim..making all the noises about being in the right..basically making sure they don't actually admit liability and keep going down the road of it being cheaper than defending the claim...yeah right.. I received my settlement about two weeks after their offer letter, to which i replied accepting the offer but rejecting all conditions and reserving the right to make future claims in repsct to these unlawful charges. Im on round two now, starting money claim next week for £400 that occured during the time my last claim was ongoing enjoy!!! well done!