The Fox V Cap1 (DPA SAR Enforcement)

[silverfox1961]

G'day

 

Having been totally ****ed off by Crap1, I'm going to court with this.

Brief chronology.

 

10 Jan. SAR sent

18 Feb Letter dated 29 Jan(go figure) with partial SAR

25 March (bit poorly in between) sent letter asking for the rest of my SAR

15 April letter from E. R (NO not the queen:D) Nothing with it

22 April sent letter to E.R asking for:

NOA with proof of posting

Default notice

Termination notice

Fully executed agreement( this doesn't exist but does no harm in asking for it). No reply

28 May LBA giving 7 days to respond. Half a guess to what has happened since.

 

I've used parts of a claim form used by Havinastella in my wording.

 

Anyhow, now that I am feeling more healthy, I think a court claim is in order. Can someone have a look at the N1 below and give me some advice/tips.

 

Thanks a lot in advance

 

 

Edited June 13, 2009 by silverfox1961

[car2403]

Looks ok to me.

 

What level of damage are you seeking?

 

Also, would that not fit in MCOL, as you can issue it online instead of posting to your local Court?

[silverfox1961]

Hi Car,

I'm only going after minor damages, around the £100 mark just for the time I've had to take getting Ms. Renshaw to take me seriously.

 

I don't think I can do it via MCOL as I'm claiming fee remission (income support)

 

Fox

[silverfox1961]

Oh yes, one other thing.

 

Where it states "name of claimants solicitors firm" do I put Litigant in person?

[car2403]

Hi Car,

I'm only going after minor damages, around the £100 mark just for the time I've had to take getting Ms. Renshaw to take me seriously.

 

I don't think I can do it via MCOL as I'm claiming fee remission (income support)

 

Fox

 

I see.

 

Oh yes, one other thing.

 

Where it states "name of claimants solicitors firm" do I put Litigant in person?

 

You can put "N/A" in there.

 

I'll move you to the Legal Issues forum, as you're issuing proceedings.

[keefyboy]

Go Fox go, my man I am with you all the way as my next move is the same as yours so I may be picking your brains as well as the site team.

 

By the way, excuse my ignorance but what does MCOL mean ?

 

KB

 

Also you give Cap One address as London address, I thought their HO is Nottingham ?

[sunflower99]

Goodluck silverfox! Good on you turning the tables and issuing them with a summons!LOL:D

[sunflower99]

Go Fox go, my man I am with you all the way as my next move is the same as yours so I may be picking your brains as well as the site team.

 

By the way, excuse my ignorance but what does MCOL mean ?

 

KB

Hi Keefyboy!

I think it stands for for money claim online!

[keefyboy]

Can I be a pain in the neck buddy when it goes to court please nicely......

 

 

and thanks sunflower for the MCOL info

[silverfox1961]

Morning Kieth and Sunflower.

 

I'm using Capital one's registered office to serve the claim.

I can't use MoneyClaim OnLine so a trip to my local court is in order this week

 

The chances of it actually getting into a courtroom are slim as Ellie tends to see sense before it gets that far but if it does. I can't see a problem with being accompanied (if that is what you were hinting at )

 

Another word to add to our dictionaries:

 

Veracity- habitual truthfulness. Something sorely lacking at Cap1.

 

fox

[car2403]

Also you give Cap One address as London address, I thought their HO is Nottingham ?

 

You'd issue a Court claim against their company registered address, not against their Head Office address.

 

Hi Keefyboy!

I think it stands for for money claim online!

 

Correct;

 

www.moneyclaim.gov.uk

[keefyboy]

Thanks for the answer Guys, I did not know that, but there's a lot of things I didn't know as well, but now I knoww.

 

Fox, as quick as that.... I can't make this week as lots of Drs Hospital deliveries and good knows this week, virtually tied in every day. So if it does go on further to court then I will cancel all my bookings (got so many of Noffinks bookings) for the relevant day to hold your hand to go to court to see Cap1 tremble in their shoes.....

[silverfox1961]

Sorry to mislead you. I meant that I will file the court papers this week.

If it does go to court, it will take a few weeks to get a date so I'll be able to let you know.

[keefyboy]

I am with you now, you didn't mislead me, it was me and it's sunday (what difference that makes over any other day is beyond me) thats my excuse and I'm sticking to it.

 

I think they will bottle out personally... but if they do go to court it will be very interesting to hear their arguements , again which they obviously haven't got.

[silverfox1961]

Now here's a question I haven't seen answered elsewhere.

 

Can I sign the court papers at home or does it need to be witnessed by the court clerk?

The same question applies to the fee remission form?

 

answers on a postcard to--

[car2403]

You can sign at home

 

Court papers only require your name to be "executed", but it asks for your signature to confirm the contents are true and accurate to the best of your knowledge, not to confirm your identity.

[silverfox1961]

Thanks for that Car.

[keefyboy]

Well CAP1 have until Thursday to honour the 2nd SAR requst letter, otherwise it is down the same road as you, a day trip to Nottingham.

 

Do I have to serve them with a LBA letter before the court papers ?

[silverfox1961]

I think it's wise then if it does go to court, you can show you have tried to be reasonable and only using the courts as a last resort. It only adds another week to your stress

[car2403]

Well CAP1 have until Thursday to honour the 2nd SAR requst letter, otherwise it is down the same road as you, a day trip to Nottingham.

 

Do I have to serve them with a LBA letter before the court papers ?

 

Yes.

 

Why the 2nd letter, exactly? What happened with the 1st?

[keefyboy]

Hi Car

When I sent the first SAR they responded with a pile of manual intervention notes, which answered some questions, and a pile of statements which upon checking had 2 complete years of statements missing from them. Thats and an updated copy of their T&C's.

 

So it was suggested that I send them a second letter asking for the rest of the information required and the period of 21 days (not 21 working days) to send the stuff to me, which runs out at 4pm on Thursday 18th June.

 

I have a thread on this matter

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/182174-credit-card-agreements-lloyds.html

post # 143 if you wish to view the letter.

 

 

Sorry Fox, not trying to hijack your Thread...

[silverfox1961]

Afternoon all and sundry. Here is a message for Ellie.

 

I gave you every chance to cooperate but you seem to think you're above the law so.............

 

 

 

Papers filed this afternoon

 

Just in case anyone else is going ,when you file(If you're claiming fee remission), make sure you have an up to date benefits entitlement letter (within one month) Or a bank statement clearly showing your latest benefit payment. I had to go from the court to the job center to get a form but they did it while I waited.

 

It wasn't as daunting as I'd thought it would be.

 

 

fox

Edited June 15, 2009 by silverfox1961
added a bit

[sam614]

Afternoon all and sundry. Here is a message for Ellie.

 

I gave you every chance to cooperate but you seem to think you're above the law so.............

:pILL SHOW YOU YOUR NOT.

 

 

Papers filed this afternoon

 

GOOD ON YOU

 

SAM:pLOWELL DETESTER

[keefyboy]

Good job done Fox, she deserves it..

 

KB

[silverfox1961]

Afternoon all,

got a reply from the court today,

 

The claim was served today(so long as the postman is efficient)

Crap1 have until 9 july to respond

 

Just have to wait now:mad: Not one of my better traits

 

fox