HFC/Weightmans Advice

[mazel01]

Thanks Rory, really appreciate that...

[mazel01]

I still haven't heard anything from Weightmans.....

[42man]

You'll need to edit this....

 

 

Dear Sirs,

 

RE Account NO XXXXXXXX

 

Thank you for your letter dated xx/xx/2008 the contents of which are noted

 

In your letter you make reference to requiring my signed authorisation before you comply. I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S78 request.

 

If it is for Data Protection purposes then i can happily supply you with documentation to substantiate my identity to you.

 

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

 

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

 

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

 

My Subject Access Request was made on xx/xx/2007 and the 40 working days for your compliance expire on xx/xx/2007. I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

 

I look forward to receiving the documentation requested and I would also like a copy of your official complaints procedure as this is also considered to be a formal complaint to your company.

 

Regards

[mazel01]

The 40 days expired on the 11 May, I have posted a letter before action to them as well.

[rory32]

As the time has now expired I wouldn't bother with the letter. If they are in doubt of your identity then a court order will asure them of it.

[mazel01]

Which letter do you mean? Is it the LBA or the one 42man posted?

 

If they are in doubt of your identity then a court order will asure them of it.

 

What do you mean Rory?

[rory32]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[mazel01]

Ok, so I don't need to send the letter above that 42man posted as the 40 days has now expired.

 

Just template 2.

 

I also need to commence proceedings against them (Data Protection Act Non-Compliance - Particulars of Claim)....

 

I have just read through the link you posted, how do I start these proceedings?

[mazel01]

How do I start these proceedings?

[mazel01]

Need some help please :o

[mazel01]

How do I start these proceedings?

 

Could do with some help on this please....

[rory32]

Send the Letter Before Action and if they still don't comply fill in an N1 form with the POC in the template. You can can either download the N1, get it from the court or use MCOL.

[mazel01]

The 14 days are up now & Weightmans haven't responded to my 'Request for Information letter'....what do I do about it...

[rory32]

Nothing. It's to your advantage that they didn't bother responding as the judge will be less than impressed with them. I'll post your defence in the next day or two.

[mazel01]

Do you need any information from me to prepare the defence?

[rory32]

I'll need to read through the thread again before writing it. If there is any info I need that isn't there I'll let you know, but I think it should be fairly straightforward.

[mazel01]

Thanks Rory.

[mazel01]

Once my defence goes to the court, what happens after that?

[rory32]

You'll have a hearing where the judge will probably give them another couple of weeks to supply the documents that you require to submit an actual defence (you'll only be able to submit a holding defence at the moment because you don't have the information that you need). If they still don't supply the info that you require then it is likely that the case will be struck out.

[mazel01]

Will I have to attend the hearing?

[rory32]

I would strongly advise that you do attend.

[mazel01]

I am already getting nervous. I have never been through anything like this before.....

[mazel01]

Received this letter today from Weightmans:

 

Dear Sir,

 

Please note this matter has now been transferred to our commercial dispute resolution department as you are disputing our clients claim.

 

We note the content of your request for information and write to advise that we consider your request for a reply within 14 days to be unreasonable.

 

We confirm that we will respond to your Part 18 request within the course of the next 14 days and confirm that we will agree to a reasonable extension thereafter for you to file a full & proper defence.

 

 

Please could someone help me on what I need to do.....

[mazel01]

Does this mean that my defence doesn't need to be sent in today?

[rory32]

You still need to enter a holding defence. What they are saying is that they probably can't comply with your request for information within 14 days. Once they have supplied what they can they'll then agree to an extension for you to file a full defence - which is actually no more than the court would order, so don't for one second think that they are doing you any favours.