Jump to content

nucky

Registered Users

Change your profile picture
  • Content Count

    24
  • Joined

  • Last visited

Community Reputation

1 Neutral

About nucky

  • Rank
    Basic Account Holder

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. ***WON*** The Court struck out the defence of made by the company that they required certified ID as this was made after the one month deadline for providing the SAR and awarded judgement in my favour.
  2. Hello I am waiting for the Court to respond to the directions questionnaire that they sent me. The company has put in a defence that they require ID and can't process my SAR request. However they were over the one month limit before they even asked for any ID so as far as I am concerned their defence is not valid. Looks like going to Court so I will let you know how things progress
  3. Except in my case nothing was provided in the deadline. That is the basis of the argument. No acknowledgement, no SAR and NO request for ID
  4. Not helpful and I suggest if you read through the thread from the beginning and see what's gone before then you will understand what the issue is.
  5. Hello Sorry for the long delay. I can't upload the claim but here is what its says: [Defendant] wrote to [Claimant] on 3 July asking for valid proof of ID. [Claimant] believes the right to require proof of ID is legitimate as set out in GDPR recital 64. We believe asking for certified ID and a recent utility bill is necessary as information we provide under the SAR includes bank details, NI number and DOB. I would point out that I think this defence is futile, the company sent this over a month after I submitted my SAR, in other words they had already breached the rules on 1 month to respond before sending this out. I would also point out that their request for certified ID was a response to my LBA. MY SAR request, a gentle reminder 14 days after the original SAR and my LBA were all delivered and signed for by recorded delivery so they cannot deny receiving them. In this respect could I ask that the court do not accept the defence that they have submitted?
  6. The defendants have now filed a full defence on the basis that I have not supplied the certified ID they requested. This is in spite of the fact that they ignored my SAR for more than 1 month after receiving it and then sent the request for certified ID after receiving my LBA. In my opinion the defence is invalid, even if they require ID which I can argue they do not require it then they should have requested that within the 30 day period. I now have to complete a directions questionnaire and send a copy to the Court and one to the defendant. Advice would be greatly appreciated.
  7. Thank you for this information, hoever I have gone through article 29 working party guidance documents (many PDF downloads) and cannot find this. Could you tell me where I can find it please? Thank you, however after going through a plethora of PDF files relating to the Working Party Article 29 I cannot find where this is referred to, do you have a reference?
  8. The Judge could argue that but that is irrelevant, the SAR was already over the 30 day period and at no time in that period did they ask for ID. They only asked for ID when I sent the LBA - which was AFTER the deadline had expired. They have asked for ID, the only reason given is to protect the identity of individuals, as I have said they have no problem corresponding with me, they send me monthly statements and als sent me login and password details for my online account ALL BY POST to my home address which is the one I used to get an SAR. Also I have just realised that they had my ID sent to them 2 years ago on the matter of confirming if I was still alive for pension purposes.
  9. Here is an update on my claim, just to re-iterate I put in a SAR on the 30 May 2018, it was received by the company on 31 May 2018 and signed for. They did not respond whatsoever and never sent me my SAR. As well as reporing them to the ICO for breach of the GDPR I sent an LBA to the company on the 2 July 2018 received by them and signed for on the 3 July 2018. They responed immediately to the LBA by sending me a form to complete for the SAR and also a request for certified ID saying once the forms are completed and ID provided then they will process my application in 30 days. At this point they were already in breach as they had not provided my SAR within the 30 day period. In my opinion they do not need my ID, they have corresponded with me at my address for many years even to the point of posting out to me a user name and password to enable me to log into my online account and also send me monthly statements by post. In any case the request for ID came after the 30 day deadline. I submitted a money claim on the 25 July 2018 for expenses and distress (as per advice from Bankfodder). I have now received a letter from the company stating they will defend any claim for these reasons. 1. I sent the SAR request to the wrong person and not the data controller. 2. I have not sent in my certified ID. 3. The 30 day period for an SAR does not start until I have provided ID regardless of when the request was made they are inferring that regardless of the fact that it took them well over 30 days to acknowledge my SAR and then request ID they are not in breach because they have requested I provide ID. Comments are welcome, I am wondering if I should respond to them or just allow them to submit their defence to the Court? My thoughts are that the Court might take a dim view if I do not try to settle with them prior to a hearing. Incidentally I have still to hear from the ICO, apparently they have a massive backlog.
  10. No, at the end of the day they will have to comply, the ICO should make sure they do. If I win the claim then they will have to pay me, then if they fail to comply with their statutory duty to send me my SAR then I will just submit another Court claim for my expenses and distress.
  11. You submitted an N1 or N208 claim form? Did you have to pay the £308 non-monetary fee? You realise that a hearing will cost £1,090 (multi-track)? No, there is a new type of claim process, you simply fill in the details step by step and the claim is issued. It cost me £25, I have only claimed for expenses and distress in pursuing this following Bankfodders advice.
  12. Update on my claim: I sent a complaint to the ICO on the 6 July but apart from an acknowledgement have heard nothing from them, though the acknowledgement did say that it could be up to 3 weeks before I get a response. Phoning the ICO is a waste of time, I gave up after being on hold for 40 minutes. Today I have submitted my County Court Claim, the defendant has until 13 August to respond. I'll keep you informed of progress
  13. Yes I was self employed and could not produce audited accounts, the broker I uses suggested I use a self certification mortgage. I do have all the paperwork and I have recently obtained everything from the mortgage company by way of an SAR, including the original application form and agreement.
  14. Hello I hope I am posting in the right place. I took out an interest only mortgage in 2007 for 17 years, it has 6 years to go and I have hardly paid anything off the balance I am unlikely to be able to pay this off when the mortgage completes in 2024. I recently saw an ad for compensation claims for mis sold interest only mortgages, the broker that sold me this mortgage never asked for proof of earnings (I am self employed) he said there was no need as I could self certify. I think I was mis sold this mortgage and wondered if anyone had made any such claim for compensation, or used a claims company. Any advice would be appreciated. Thank you
  15. Here is an update on my claim. The compnay failed to comply so I sent an LBA by recoded delivery. Up until them receiving the LBA they had failed to respond to me in at all. They responed immediately to the LBA by sending me a form to complete for the SAR and also a request for certified ID. They say once they have the completed forms and ID they will respond under GDPR rules. They are already in breach anyway because my request to them was made 5 weeks ago. In my opinion they do not need my ID, they have corresonded with me at my address for many years even to the point of posting out to me a user name and password to enable me to log into my online account.
×
×
  • Create New...