here's my POC 1) On 23/06/18 the claimant sent Mr Rob Sands, the Data Protection Officer, of Opos Limited a Data Subject Access Request (DSAR) under Chapter 3 Article 15 of the General Data Protection Regulations 2018 (GDPR). 2) Under the GDPR Mr Sands had 30 days to supply the required information. To date Mr Sands is in default of this request. 3) Under Chapter 8 Article 82 of the GDPR the claimant claims £250 for damages and distress due to Mr Sands failure to provide the required information. I am going to be relying on case law which I don't want to put public for the justification of the amount. I will pm you it He is also saying they are not the data controller but they are the Data Processor, I know Opos are owned by Kapama and Mr Sands is the registered DPO for Kapama also

he has also come back and stated he will be issuing a counterclaim any advice would be appreciated

I haven’t sent them any id, because my argument to that is they have been contacting me by email and have responded to complaints The request I initially sent the bankfodders sar request

Well Opos did not act on my DPA but have replied with the following letter after being issued with the Court Claim. Mr XXX The court paperwork has been received and shall be vigorously defended. You have refused to provide us with any identification to prove your identity and have further refused to clarify which information you require, whether you require any further information on the subject of collection and processing of data and whether it is likely to be covered by CCTV or not. You may consider this request extraneous or superfluous, but we do not. We take the protection of our client and customer data very seriously and are acting well within our remit to ensure the individual requesting the information is the data subject prior to disclosing that information. If you refuse to provide that, that is your prerogative. It is my prerogative as Data Protection Officer of this organisation to reasonably request such information. We could avoid this unnecessary court proceeding by you simply proving you are the data subject in question. Should you wish to do so, please arrange for the return of the SAR form at your earliest convenience. All email correspondence shall be retained, where necessary, to protect our legal interests. Regards Rob

Hi and welcome - Can you do the following please - pop up on the MCOL website detailed on the claimform. . register as an individual note the long gateway number given then log in . select respond to a claim and select the start AOS box. . then using the details required from the claimform . defend all leave jurisdiction unticked. click thru to the end confirm and exit MCOL. . get a CCA Request running to the claimant leave the £1PO blank and uncrossed . get a CPR 31:14 request running to the solicitors . type your name ONLY no need to sign anything . you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.

hi Jen there are loads of holding defences on here have a look at some from this link https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=credit+card+defence&sa=Search+CAG have a go at your own and post it up here for checking

can you please upload a redacted copy of the notice of assignment they sent you

They would have to apply for permission from the court to lodge the claim again

Hi please have a read of this post - https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

well as a final update to this, I have received a letter from Lowell stating that the account is closed with all records removed from the CRA's and they have enclosed a cheque for £50 as way of compensation So a good outcome in all respects, a donation will be made and that's to all for their help

I will go to ico as well, but I find them to be swamped and nothing is getting done by them at the minute plus I also want this company to feel some pain after all the crap they put me through few years back

Hi FK, Opos's 30 days is up on Monday and I don't think they are going to comply, do you think I should email Mr Sands my LBA on Tuesday morning ? I was thinking of giving them 48 hrs as they have already had 30 days to comply Whats your thoughts on this?

just received this - Dear xxxxx This is in continuation to our previous email dated 13th July, 2018. We apologize for the delay in sharing our response. Thank you for waiting while we were gathering the requested information. We understand that you were concerned about the information shared by us in the email dated 4th July, 2018 and you believe that it was incomplete. Hence, we have gathered all the requested information and would like to share our findings. To begin with, as you have requested for the copy of complaints data; we have attached all the relevant complaints data relating to your loan accounts. Also, we have attached the transcript and email communications shared with you in regards to your loan accounts. For your concern about your information and data being processed, we would like to inform you that as a responsible lender we are required to report the status of your loan accounts to the credit bureaus on a regular basis and if you require any further information in regards to your credit file, you may contact them accordingly. Please be informed that the information provided at the time of borrowing serves an important part to perform the affordability checks and to enable your credit agreement to be serviced. And your data is only processed for purposes in accordance with the specific consent you have provided. Also, as stated above, your data is not available for any automated processing. It is only used in accordance with the consent provided by yourself for the processing of your credit agreement, including that appropriate affordability and credit worthiness assessments are carried out. Also it is required to ensure that financial transactions between ourselves and yourself are actioned appropriately and legally required credit reporting is fulfilled. Please be assured that the administration of our customer records is maintained appropriately. For your reference we have attached all the relevant documents. We hope the above helps and addresses all your concerns. Hence, please consider this as our final response towards the matter. I replied with - Dear Sir/Madam, Thank you for your email below. As stated in my email of 04/07/18 this is now subject to a County Court Claim issued in Langanside Courts Belfast on 03/07/18 under ref 18/064158. This has been served at your business address - Lending Stream, Wysteria Grange Barn, Pikes End, Pinner, London, HA5 2EX. As you are still deficient in the information you have provided in my DSAR I shall be pursuing the Claim, please respond as you see fit to the Courts paperwork. If however you are willing to discuss this without the needs of involving the Courts I am willing to remove my claim on the following conditions- a) All documentation that you hold on myself is disclosed b) Compensation in the amount of £100 is paid to myself c) I am reimbursed the Court fee of £35 As you are aware the courts regard themselves as the last resort to sort out differences and if you do not accept this proposal I shall produce this email as evidence of my willingness to resolve this issue without involving the Courts. Regards This see what their reply is, the claim form was posted on Monday so they have received it.

if you loose and pay the amount within 30 days of judgement then the CCJ will not show on the companies files

CCA is irrelevant as a CCJ is already in place

1) the claimant held and account with lending stream under the acct no .............. 2) On dd/mm/yy the claimant sent Lending Stream a Subject access request under the General Data Protection Regulations (GDPR) 3) Under the GDPR Lending Stream has 30 days to satisfy this request to date they have not fulfilled this request and the claimant claims £xxx for damages and distress. these are the POC I filed and it got queried by the courts as they asked for the legislation I was relying on but it has now been served on LS after confirmation, maybe one of the others could check and amend

will do later when I'm home

I would send a CCA Request all the DCA's Please list what debts they are when the acct was opened and who now owns it stop paying them now you are only paying for their xmas dinner. as the accounts are 1994 so will be very surprised if they have the originals

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 SAR 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

who else are you going to get a job with if you've been working for a DCA, another DCA as im sure no one else will touch them conflict of interests anywhere??

Hi fk, ill attach the form below, when I requested the SAR I used bank fodders one, plus they are stating that their 30 days doesn't start until they receive the info, I sent the SAR to them on 26/6 I know they can ask for id if there aren't sure of who I am but as I said above I have communicated with them before from this email address about various issues including complaints, so as far as I'm concerned they know who I am. OposCom0018_DataSubjectAccessRequestForm.pdf

Well here's another company failing to adhere to the GDPR I requested a DSAR from Opos on 23/06/18 and have just received the following email - Dear XXXXX I am in receipt of your below email and I have noted the contents accordingly. In order for us to proceed with your request, please complete the attached form and return this, along with the requested documentation, to this email address. Once the completed form and requested documentation is received, we will progress with your request. Regards, Rob Sands Data Protection Officer So they are failing by asking me to fill out their form and asking for ID even though they have previously contacted me by email and I have raised complaints with them by email. ( its an email address I only use for this sort of stuff so don't care if they have it) Ive let them know that if they continue to ask me to fill out their form and request ID I shall be reporting them to the ICO and if they fail to send me the required info within the 30 Days then I reserve the right to issue proceedings against them

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

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

hi and welcome, can you elaborate on what issue you require advice with?