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Redmountie

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  1. BF, thanks for clarifying the above and providing guidance on what to put in the PoC. I was looking to submit this today or tomorrow, however as i am in the process of doing so, i have received an email from Nissan Customer Servicves saying the below: To clairfy, I have already told them on two seperate occasions about my new address, but they still sent it to the wrong address. I have two points: (1) shall i still proceed with my PoC as nothing has changed as per the above PoC, and (2) is the ICO allowed to collude with Nissan like this?
  2. In the Bristol Civic Justice Centre Claimant name and address xxxxxxxx xxxxxx xx xxxxxx xxxx xxxxxxxxxxx xxxxxxxxxxxxxx xxxx xxx Defendants name and address Nissan Motor (GB) Limited, The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire, WD3 9YS. Brief details of claim Damages Value £225 Particulars of claim 1. This claim is in relation to the Defendants breaches of the Data Protection Act 2018. (a) Failure to comply with the statutory time limit. (b) The Defendants data disclosure was incomplete. (c) The Defendant sent the data to an address which was not the address of the Claimant data Subject. 2. The Defendant is a Data Controller within the meaning of the Data Protection Act 2018 and is responsible for the processing of data of which the Claimant is a Subject. 3. On 09 January 2020, the Claimant made a request for to the Defendant for a statutory data disclosure. The statutory timeframe for compliance was 10 February 2020. 4. The Defendant breached their statutory duties in that: they failed to provide the data disclosure within the statutory time limit of thirty days. The data disclosure was eventually provided on 25 February 2020. 5. The data disclosure that has been provided by the Defendant is incomplete. 6. The Defendant sent the disclosure to an address that was not the Claimant’s. The Claimant provided the Defendant with the correct address on 10 January 2020 and again on 19 February 2020. 7. The Defendant has made a complaint to the Information Commissioner’s Office (ICO) asking for a statutory assessment to be carried out. The ICO has offered a preliminary view that the Defendant has breached their statutory duty in failing to comply with the statutory time limit. 8. By virtue of the Defendant’s failure to comply with the Subject Access Request the Claimant has suffered distress.
  3. In the xx xx Civic Justice Centre Claimant name and address xxxxxxxx xxxxxx xx xxxxxx xxxx xxxxxxxxxxx xxxxxxxxxxxxxx xxxx xxx Defendants name and address Nissan Motor (GB) Limited, The Rivers Office Park, Denham Way, Maple Cross, Rickmansworth, Hertfordshire, WD3 9YS. Brief details of claim Damages???? (Just this) Value £225 Particulars of claim 1. This claim is in relation to the Respondents breaches of the Data Protection Act 2018. 2. The Respondent is a Data Controller within the meaning of the Data Protection Act 2018 and is responsible for the processing of data of which the Applicant is a Subject. 3. On 09 January 2020, the Applicant made a request for to the Respondent for a statutory data disclosure. The statutory timeframe for compliance was 10 February 2020. 4. The Respondent breached their statutory duties in that: they failed to provide the data disclosure within the statutory timeframe of thirty days. The data disclosure was eventually provided on 25 February 2020. 5. The data disclosure that has been provided by the Respondent is incomplete. 6. The Respondent sent the disclosure to an address that was not the Applicant’s. The Applicant provided the Respondent with the correct address on 10 January 2020 and again on 19 February 2020. 7. The Applicant has made a complaint to the Information Commissioner’s Office (ICO) asking for a statutory assessment to be carried out. The ICO has offered a preliminary view that the Respondent has breached their statutory duty in failing to comply with the statutory time limit. 8. By virtue of the Respondent’s failure to comply with the Subject Access Request the Applicant has suffered distress. 9. The distress caused is: Extra costs incurred in addition to Court costs, due to the Respondent’s 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 £200. (do I need to elaborate on this more)??? 10. Damages and costs within the discretion of the Court. (does this need to be included)???
  4. BF, As always sound advice - thank you. I am really disappointed with the continued level of poor service From Nissan UK, not to mention there fragrant disregard of there statutory obligations. Are you able to help me draft a POC please? As you know I have done one previously but this was under DPA 1998 and your feedback was the wording could have been better. Happy to do an MCOL and get cracking. Do I need to go back to Nissan and tell them that there files are corrupted and that i can’t gain access - therefore the SAR is not fully complete? i will redact and post up the ICO response as soon as i can access my laptop.
  5. Hi BF, So I have now reviewed the SAR data on the USB data stick Nissan provided. They have encrypted several phone calls on the USB and given me the password seperately. Having successfully used the password to gain entry to the folder containing the calls, when i click on the links (via a webiste called hightail) it takes me to a landing page, which then says the page you are viewing does not exist. So in my opinion, I still haven't got full disclosure. In relation to having proof I told them i have changed address, yes i have this. The SAR notes they have provided, clearly shows that i told them of the change of address, via a telephone call I made to them on 10-01-2020. I again advised them of the change of address, in my DSAR non-compliance complaint email, which i sent to them on 19-02-2020.
  6. **Please note this thread relates to my DSAR with NISSAN (Head Office) UK and not an independent dealer (seperate thread)** 09-01-2020 - SAR submitted to Nissan Customer Services (Head Office) on 09-01-2020 (compliance date 10-01-2020). 10-01-2020 - Acknowledgement receipt of SAR request. 10-02-2020 - Niassan fails to provide SAR within prescribed timeframe (no communication to advise of delay). 17-02-2020 - Email from Nissan Customer Services (Head Office) apologising for delay in SAR request. Still working on it. 19-02-2020 - Emailed Nissan Customer Services (Head Office) advising they had failed to comply and advising I was going to be submitting an N1 POC and asking the ICO for a statutory assessment in relation to there non-compliance. Received an email receipt notification from them. 19-02-2020 - Completed ICO Complaint Form and submitted to Casework email address. 22-02-2020 - Email response from ICO Case Officer advising that they believe Nissan has infrigned the DPA by failing to respond to my SAR within the prescribed timeframe. They state they are writing to them to explain there view. 25-02-2020 - Data stick containing SAR arrives but at wrong address (told them in my email on 19-02-2020 they had been sending me previous communication to an old address - yet they still sent my SAR (data stick) to that old address). Luckily i still have a 12 month Royal Mail Re-Direction in place, otherwise i would never have received the SAR. So now they have made full disclosure, via the USB stick. However, I still haven't had any acknowledgement to my email dated 19-02-2020. What do you think my next steps are?
  7. I submitted a SAR to Nissan Customer Services (Head Office) on 09-01-2020. I had an email from them on 10-01-2020 to acknowledge receipt of my SAR request. I calculated that 1 calendar month would mean the SAR was due on Thursday 9 February 2020. I haven’t heard anything back from them until yesterday, when i received an email to say they were still processing my request and that they were hoping to have it done by 20 February. I am annoyed that (a) they didn’t communicate there was going to be a delay in their compliance until a week after the statutory deadline has expired and (b) they have failed to comply with their statutory obligations. What’s my next steps? I am happy to submit an N1 but do i need to give them an LBA before i submit an MCOL and what do i need to put in the claim? Any help would be really appreciated.
  8. Good evening fellow Cagers, I was hoping that someone would be able to give me some advice on next steps. I recently purchased a brand new car from a car dealership. Unfortunately there has been several issues with the vehicle. This has resulted in having to contact my local dealership to arrange to take my car to them. I did this and they were unable to fix the issue. Whilst there I had some really bad customer service phoned the dealer principal to complain. The dealer principal was extremely rude on a phone call conversation, subsequently resulting ie me making a complaint to the national complaints department. As the dealer is independent, but still branded, they are unable to direct the dealership to provide them with a copy of the phone call. I need to get hold of this in order for them to review it. They have directed me to speak to the dealership. I have submitted a GDPR SAR request to the dealer but they have refused to comply with it unless i pay a £10 administration fee. Initially, i believed that they were still using the DPA 1998 to process the request, so have submitted a complaint to the ICO, asking them to carry out a statutory assessment of the business. I have now been contacted by the dealership stating that they are using the GDPR and that they require a £10 administration fee as they believe my request is "manifestly unfounded" and that under the circumstances they can charge a fee. They have not elaborated any further than this. I believe the reason they are doing this is because the dealer principal (who coincidentally is also the data controller refusing to comply without payment) knows that the complaint is about them and that the evidence will show how rude and inappropriate he was on the phone. Has anyone got any advice please?
  9. Hello caggers, I am after some advice about an imminent ARGOS SAR statutory breach please. I have had an ongoing complaint with ARGOS since December 2019. As I haven't received there final complaint response letter or there offer of a gesture of goodwill, I have now decided to escalate this to the next level (i.e. FoS). In preperation for this, I contacted ARGOS Customer Service, via telephone, and verbally made an SAR request to them. They were happy to take the request over the phone and subsequently provided me with a reference number for the SAR and a seperate reference number for my additional complaint. The SAR was made to the business on 10/05/2019. Having not received an acknowledgement letter from them, on 17/05/2019, I contacted them again to chase them. I was advised by a Team Manager that it wasn't there procedure to take verbal SARs over the phone, and that It would not have been possible for me to have done this. I advised the Team Manager that i had the exact time and date of the call that this happened, and additionally that i was given a reference number in relation to that SAR. The Team Manager then said that she would look into this and come back to me via email. On 22/05/2019, I received an email back from the Team Manager, stating that they could not find any reference to my SAR request, but that she was going to open a new SAR request for me. Clearly, she has contradicted herself, as has opened a new SAR based on our verbal discussion. I have had a few dealings with ARGOS Customer Services before, when goods purchased have been damaged or delayed. They have always been a shambles and I have never had any positive contact with them. I have been waiting since December 2019, for compensation for a Christmas present that was damage in post. They have been promising to send out gift vouchers as a gesture of goodwill, but these have never arrived! So the original SAR was verbally made on 10/05/2019 and in my mind should be fully completed and disclosed by 10/06/2019. Questions for consideration: 1. Is the verbal request valid if i want to pursue an SAR non-compliance at County Court? Under the old DPA 1998, i would always submit an SAR in writing. But, with the GDPR, I know the rules of the game have changed, and you can now make a verbal request. 2. I have emailed ARGOS on 17/05/2019 and advised them that in the event of non-compliance i would immediately submitting a claim via the County Court. This went to the personal email address of the Team Manager I have been dealing with. I have had no response from them. With this in mind, do I still need to give them a Letter Before Action and allow them an additional 7 days, before submitting my claim, or just submit on 11/06/2019, the following day the SAR was due (i will submit via MCOL). 3. I have submitted a few SAR non-compliance county court claims previously and always put down damages of £200 as standard. Shall i go for the same amount? Any advice please? Thank you in advance.
  10. Hi everyone, I just wanted to say thank you for all your support in this matter. This has now been resolved. Unfortunately, I cannot comment on the outcome due to a confidentiality agreement clause that I had little choice but to agree too. I really appreciate the help that this group and the individuals within it offer. Thank you
  11. Does anyone have a link to the correct CPR i need for small claims track please? I want to print this off and take a copy for the judge just in case as well.
  12. Court bundle is due for submission by Monday at the latest. With the help of BF i have done a skeleton argument and incorporated this into my witness statement. I have kept my witness statement really simple and easy to read for the judge. It is only 4 pages long and only refers to a handful of documents. Looking for advice on (1) when do i submit the skeleton argument to the judge/defence if at all, or do i just produce this to read out to the judge on the day (2) do i need to sent a bundle with ALL my documents, even the ones i am not relying on or referring too?
  13. Hi caggers, I've received a letter from Lloyds solicitors today stating that their client wishes to fully resolve the Court claim against it, in order to conclude this ongoing matter. I am at the stage where i am preparing my witness statement and about to pay for the hearing fee, although i haven't done this yet. They have offered a further sum of £100 in full and final settlement of the claim against them. My original POC is for £225 so this is £125 less than my claim is for. They state that they previously paid me £125 compensation, during my complaint to them, and therefore the amounts added together, makeup the total amount of my claim. However, i am not prepared to accept anything less than what was stated on my POC. Should i write back to their solicitors, setting out how much i would be prepared to accept in full and final settlement, or just be savvy and tell them no and to come back to me with a better offer? Also, they have stipulated 5 conditions in their offer. One of which is that each party beat their own costs and the other is a confidentiality agreement. I am not happy with either of those clauses, so again should i go back to them to say they have to pay the POC fee and i won't be agreeing to any confidentiality agreement, if i do accept any offer from them? Any advice from caggers please? BF I know you are away for a few weeks, but if you read my post update, i would really appreciate some advice please.
  14. BF, i have been away with work for a few weeks and been busy selling my house, with some problems. Are you available to support me with the wording of my Witness Statement please? Court date is only a few weeks away.
  15. So, I had full SAR disclosure from HSBC. Unusually, they responded to my complaint within 3 days, instead of the usual 8 weeks (as per FCA guidelines). HSBC were very keen to resolve the issue at first point of contact. They offered £250 in compensation, which I have now accepted. I have still submitted a complaint to the ICO, more to make them aware of the non-compliance by HSBC. Admin/Mods this thread can now be closed.
  16. So HSBC have now sent me the full data disclosure as a result of the LBA. I have still made a complaint to the ICO, asking them to make a statutory assessment as to whether or not HSBC has complied with it’s legal obligations under the General Data Protection Regulation. I am also awaiting the results of their internal complaint process.
  17. Hi Jon, Would you mind posting or sharing what you put down on your particulars of claim please? I have just sent an LBA to HSBC UK for non-compliance of a DSAR (under GDPR).
  18. HSBC UK have not complied with my Data Subject Access Request (SAR), submitted under the new General Data Protection Regulation (GDPR). The DSAR was requested on 16/06/2018 and should have been disclosed by 17/07/2018. 16/06/2018 - Request sent to HSBC UK for DSAR under new GDPR 18/06/2018 - Acknowledgement email received from HSBC UK Customer Care Team 22/06/2018 - Acknowledgement letter received from HSBC UK Data Protection Office 17/07/2018 - Data not received, so contacted HSBC UK who stated that they were not aware of this request and have not even started to gather data for the disclosure 17/07/2018 - Internal complaint made to HSBC UK Customer Complaints Team 18/07/2018 - Complaint made to Data Protection Office and Letter Before Action sent to HSBC UK. Telephoned Data Protection Office and confirmed that they have received both email and LBA. When asked for timescales in relation to compliance for my DSAR, a team manager has advised they don't know and cannot give any timescales. I have made them aware I will be reporting the non-compliance to the ICO, but they didn't seem at all bothered. 18/07/2018 - Information Compliant Handling Form submitted to ICO 18/07/2018 - Complaint acknowledgement received from ICO Next steps: Now waiting for the Data Protection Office to make contact with me to progress DSAR and also waiting for HSBC UK complaints team to pick up the complaint. No doubt this will be towards the end of the 8 FCA timescales! Also, waiting to see if HSBC UK will comply within the 5 working days afforded to them in my LBA. I very much doubt they will, due to the large amount of data they will need to gather, redact and securely send on to me. Will potentially need to look at submission of a POC for a County Court claim if not. Submitting a GDPR POC is unchartered territory for me, so if it comes to that point, could really do with some help. Hints/Tips: Some may already be aware of this, but I was not. None of the calls received at the HSBC UK Data Protection Office are recorded. So when I asked for copies of all recordings to their department, they advised me of the above. Also, HSBC UK Data Protection Office don't advertise or easily give up there email address. So if you do need to email that team, you can do so here roi.poc.fulfilment@hsbc.com. It definitely works, as I have emailed them my LBA and complaint letter and they have received it the next day.
  19. i received my Notice of Allocation to the Small Claims Track (Hearing) letter today. I am required to pay a £25 Court hearing fee by 17/09/2018. My claim hearing is on 15/10/2018. On the Court document I noticed a strange sentence in bold: "The Defendant has permission for their witness to give evidence by video link. The Defendant shall notify the Court at least 14 days before the hearing as to whether their witness will appear by video and if so they shall make arrangements for the same". I decided to contact the Court to inquire what this meant. They advised that they have received a request for the Defendant (i.e. their solicitor) to give evidence via video link. I am amazed that they can't even be bothered to come to Court to give evidence in person. I am not sure if the judge will take a negative view of this. I have already typed up my witness statement and referenced all of my exhibits, as part of my Court bundle. However, having received some advice from a learned friend, I am going to re-write it, as it is too long and needs to be more succinct and punchy.
  20. Yeah costs for disbursements like posting Court documents, print ink, time spent researching and then filling in the POC and other Court required documents?
  21. Thanks Andy, from reading CPR 27.14 i can see i can claim costs back in order to bring my claim to Court, but still not sure about any other type of costs?
  22. Can anyone please clarify if I am entitled to claim Costs and Disbursements back, as a Litigant in Person (the case has been allocated to the Small Claims track)? I understand that a Litigant in Person is entitled to claim £9.25 p/h, but the threads i have read on the site differ between what you can, and what you can't claim. On my POC, I have claimed for damages to the cost of £200, mainly because this amount was what i saw on another CAGERS POC, but also because i wanted all my costs awarded. Lloyds Defence is mainly around quantum, as they admit they did not comply and therefore have breached the DPA. I need to show as much costs/disbursements as possible, so that i can justify the £200 damages to the Court. Particularly as they have put me to strict proof. I have written up a Schedule of Costs and Disbursements and wander if I can claim these and if so, would they be considered as reasonable costs? Again, the Schedule of Costs and Disbursements are from another CAGER. Claimant Schedule of Costs and Disbursements.doc
  23. Does anyone have a witness statement template please? Now that the hearing has been transferred to my local County Court and the judge is reviewing my claim, I want to start looking at my witness statement and what i am going to say.
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