bailiffs illegally removed my care and now have ignored subject access, NEWLYN PLC

[chooz]

hello.

to summerize: NEWLYN PLC bailiff removed my care with NO previous contact, also clamped then took the car straight away, i have an eye witness for this. anyway, i had to pay 1200 to get it out. 700 of which were bailiff fees and 200 in storage fees.

 

anyway, have sent a subject access request which has been totally ignored, because they obviously have no data to send which i know will work in my favour what is the next step.

 

a list of some of the things they did wrong:

unfair bailiff charges for one visit

no previouse contact thus giving me no fair chance to pay

bailiff in charge of my case lied and said he was not the bailiff only the tow truck man for a while but the office kept on telling me he was the bailiff

he did not deny that they had taken my car illegally and agreed that what "they" did was unfair

they damaged my vehicle

did not provide me with the information i requested through subject access request

after i got my car back the bailiff offered to take me to dinner to apologise WHAT THE HELL!!!!!

 

they dont have a leg to stand on and i want o go about claiming my money back through the courts and sue them for the distress they have caused me, i am a single mother and have had to carry my one year old wherever we went, paying for my vehicle back piut me in financial hardship and emotional and mental stress and i now cannot afford to insure the vehicle so i am still carless. i really want them to suffer for this and so need advice on the next step.

 

Thankyou. any templates would also be very appreciated.

[ploddertom]

Dealing with your SAR - do you know if they received it? Have they cashed your £10 payment? When did the 40 days expire?

 

PT

[chooz]

hi,no they didn't process the payment and it was sent recorded delivery so they definitely received the sar. they have just ignored it and they are legally bound to supply me with the information that i have requested.

[ploddertom]

Are you sure it was received, have you checked RM Track & Trace to make sure?

 

PT

[chooz]

yes, i have seen the proof of delivery, i have tracked it on the tracking system.

[ploddertom]

When did the 40 days expire?

 

PT

[chooz]

it expired on the 24th of september.

[ploddertom]

As it has only just gone you should write again reminding them of their obligation - remind them you have proof of delivery of the original request. Tell them you will allow them 7 days for compliance. After that it is up to you which route you choose:

1 - ICO process is slow and has no real teeth apart from slapping them on the wrist

2 - file an N1 for non compliance in the County Court. Again a slow process but possibly more likely to succeed. I've been down this route and it took a year!

 

The reasons for allowing them extra time is to prove you have given then every opportunity and have not just jumped as soon as the 40 days were up.

 

PT