Issuing a small claims against DCA for default on SAR request.

[nick20045]

I am about to fill in the N1. Can somebody please confirm if this is correct before I print it and post it to the County Court? Thanks.

 

(Roughly from Templates).

 

1: On xx/xx/2009 a Subject Access Request persuant to the Data Protection Act 1998 Section 7 (1) was issued and sent to the defendant.

2: As after the allowed 40 days nothing had been received I wrote again to the defendant on the xx/xx/2009 asking to act as per the Data Protection Act 1998 otherwise the Data Protection Act 1998 says they will be guilty of an offence.

3: On the xx/xx/2009 I sent a Letter Before Action giving the Defendant 7 days to act as per the Data Protection Act 1998 otherwise I will have no other recourse but to contact the Court to get an order.

 

I therefore seek a Court Order obliging the Defendant to make all the data I seek available and, I also apply for damages at the discretion of the Court.

 

Any good folks? Or any changes? Thanks.

Edited December 5, 2009 by nick20045

[nick20045]

Any takers please? Is there anything I should add or remove? Also, if they reply that they had sent the information (which they did not) what happens? Will the Judge just strike it out?

[silverfox1961]

This is an example N1 that Havinastella used.

Have a look to see if it gives you any ideas.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html#post1592782

[nick20045]

Thanks Silverfox. Some nice reading there.

[adridude]

Right, I just noticed this post. You cant do a SC (small claims) against a DCA for ignoring a data request.

 

You need to do the following:

 

1) contact the Information Comissioner and report this

2) You can sobpoena the records through a county court

 

There were no damages done, nor was there any financial hardship (i.e. you werent deprived of funds)

 

The subpoena will be fun tho, coz you get your evil way with then and you have a right to contact them and rub it in their face lol (be NICE and NO swearing tho!)

[nick20045]

Right, I just noticed this post. You cant do a SC (small claims) against a DCA for ignoring a data request.

 

You need to do the following:

 

1) contact the Information Comissioner and report this

2) You can sobpoena the records through a county court

 

There were no damages done, nor was there any financial hardship (i.e. you werent deprived of funds)

 

The subpoena will be fun tho, coz you get your evil way with then and you have a right to contact them and rub it in their face lol (be NICE and NO swearing tho!)

Thanks for your post. How do you apply for a "sobpoena"?

 

Thanks.

[adridude]

you need to go into the courts and get a form. Its gonna cos tyou about £90 for it, but when its granted they have no choice but to hand over the paperwork.

 

I dont know the exact for number, but ask the usher behind the counter and he'll help ya

[nick20045]

Many thanks for such a quick reply. Quick story:

SAR made to DCA.

DCA did not send the info.

Reminder sent.

DCA no action.

New SAR sent (to be on safe side) to original creditor.

Original creditor acts on SAR

LBA sent to DCA for their part of information held (mainly the recordings).

DCA claims sent but date can be proved to be a total lie as there is evidence to prove otherwise.

N1 Claim was for an order to act on SAR and award at the discretion of the Court for disceplanry damages.

 

Question: The N1 Small claims went in yesterday. Do I contact the Court to cancel it or just let it takes its course?

 

Re the cost it is no problem as I am doing this on behalf of my son and as he is on Jobseekers Allowance he gets remission from fees.

 

p.s. I do not really understand why a DCA cannot be issued with a small claims to obtain an order to act. At the end of the day, what is the difference if a bank refuses to act on an SAR compared to a DCA who has bought over the debt and now has the rights? A bank not acting on an SAR has also done no damages or financial losses.

 

Sorry to be a nosey so and so but I love to learn. Thanks for replies.

 

 

 

Ohhhhhhhhhh and while we are at it..............

 

Can you issue a small claims against a firm of solicitors if they do not act on an SAR? Or is it also a sopoena? Thanks. (Saves making a new thread lol).

[adridude]

After a DAR, you should send only ONE more, then followed by a LBA(Letter before action). An N1 is a "small claims form". So you cant really use that to get access to your data.

 

In regards to your question. If THEY owe you money, leave the N1 to do its thing. If not, if its purely for the data access, pull it back, or its gonna be £90 spanked for nothing!

 

Seeing as its for your son, you need to have "power of attourney" i.e. you can act on his behalf. That like a 15 quid fee infront of a "notarary". (Most lawyers will do it)

 

OK, DCA's (debt collection agencies) rely on the fact that they are "heavy handed". they push their marker to the utter edge of the law (as far as they can).

 

No1) Dont worry, they have less rights than what you think!

No2) Dont ever let them into your house

No3) They are the drudd of the earth and treat them like that

No4) Dont ever be scared, they are preditors! They feed off of fear!

 

Hugs

 

Adrian

[nick20045]

After a DAR,

Still learning and dont know what a DAR means unless maybe a typo error as "D" is close to "S". (Not being picky but too many shortened words are used (at the start I found it very confusing) and still getting round the "hang of them" so maybe there is something relating to "DAR")

you should send only ONE more, then followed by a LBA(Letter before action).

 

Which is what I did. I did not just jump into LBA after the 40 days but gave a chance. Then went to LBA.

An N1 is a "small claims form". So you cant really use that to get access to your data.

 

Bit confusing cos I was given this link and it seems the member did apply for a small claims for data and it was not struck out (link is in #3 post by silverfox above) http://www.consumeractiongroup.co.uk/forum/lloyds-bank/49571-havinastella-lloyds-tsb-3.html#post1592782

 

In regards to your question. If THEY owe you money, leave the N1 to do its thing. If not, if its purely for the data access, pull it back, or its gonna be £90 spanked for nothing!

 

It does not cost anything for the Small claims application. My son got the paper from the job centre so will get full remission. Hence no personal loss even if it is struck out.

 

 

Seeing as its for your son, you need to have "power of attourney" i.e. you can act on his behalf. That like a 15 quid fee infront of a "notarary". (Most lawyers will do it)

 

I agree with you if a person is acting on behalf of somebody they need a power of attorney but the way I am doing it is, I am writing everything and making the applications as if they had been made by my son. He then (obviously reads them, approves them) signs them. If there is any hearing then I will apply as litigation friend. (I have a case law ready in case that gets knocked back so it has to be approved).

 

Will answer in between.

OK, DCA's (debt collection agencies) rely on the fact that they are "heavy handed". they push their marker to the utter edge of the law (as far as they can).

As far as they can! Ohhhh they tried it on. What they got back was I cut them down so much to size they have not sent a letter asking for any money for over 3 months now. If somebody had set a rotweiller on them it would not have done so much damage. In fact it got to a stage my son and I were suffering from withdrawal symptoms from lack of hearing from them.

 

No1) Dont worry, they have less rights than what you think!

They have no rights at all. They work on companies that have given up trying to collect and play on the weak to cave in.

No2) Dont ever let them into your house

They aint got no chance. Although if they send a female round she will be told she can come in only on the basis she signs a disclaimer that she entered to do the hovering and wash the dishes. (At the moment my son and I are in dispute as to dish washing rota).

No3) They are the drudd of the earth and treat them like that

I heard that if you mix equal parts of sugar and baking powder it kills cockroaches. I wonder if I sprinkle some on a DCA if it will have the same effect.

No4) Dont ever be scared, they are preditors! They feed off of fear!

You are kidding! I have taken on bigger people then them lol.

 

Hugs

Can I just shake hands? I feel unconfortable giving another male a hug. :D

 

Adrian

Sorry about the parts in blue. Mad sense of humour but as you can see from the answers I look at them as a farce.

 

Anyway, thanks for the replies. Sorry took some time in posting but had to go out. What about my question regarding solicitors? What if a solicitor is sent an SAR and they do not reply? Still a sobpoena? Thanks.