I am starting a mission against Shop Direct all customers please read

[gezwee]

Hi Madcap,

 

As you predicted Littlewoods have failed to fully comply with my SAR and gone over the 40 day limit. I have sent the first letter, giving them a further 7 days and am now in the process of sending the LBA.

 

Do you know, and could you advise, whether it is better to use either "the part 7 procedure" or the "part 8 procedure" of the small claims procedure, as the template letter used implies part 7, but I feel part 8 should be used.

 

From the ICO site.

 

Part 7 procedure is used when the case is likely to be more complicated because for example there is a dispute about the facts.

 

Part 8 The shorter procedure is called a Part 8 procedure. This procedure will only be used where the claimant is asking the court to make a decision about a question which is unlikely to involve a very great dispute about the facts. An example might be where you have properly made a subject access request, enclosing the correct fee and more than 40 days have passed and you have not received any response. You are, therefore, making an application to court for an order that the data controller answer your subject access request.

 

Regards….Turnaround

 

Part 7 is the preferred route, you would be claiming damages in addition to enforcing disclosure. Part 8 would incur additional filing/service fees and can leave you open to excessive costs if you get it wrong.

 

Gez

[gezwee]

Hi,

 

What are the correct details for the POC regarding Littlewoods catalogue, are they

• Shop Direct Home Shopping Ltd (Trading As Littlewoods Direct)
  
• Shop Direct Finance Company Ltd (Trading As Littlewoods Direct)
  

　

Regarding the non disclosure of data, the ICO suggest that you name the data controller or the company secretary when sending the LBA – which is it or doesn’t it really matter.

 

Regards…Turnaround

 

Our claim was v SDFCL, no response in our case so we opted for a default judgement as it was worth just over £400.00. Followed it up with a charges reclaim plus restitutional interest. They defended that one but lost

 

Gez

[gezwee]

I make it £40.87, primarily because they average 13 compound rest periods annually....... Shop Direct calculate averages at 28 days for accounting rather than monthly so the figures tend to round slightly higher.

 

Gez