Lending Stream GDPR failure***Success***

[jon8214]

Well fellow caggers it seams like lending stream are taking no notice of the new GDPR regs

 

I applied for a SAR on 25 May and have just spoken to them to find out where it is as I have no comms from the part from their acknowledgement

 

They have informed me that because it has been sold to Lantern that they need some more time to get the required information.

 

I have informed them that I shall be reporting them to the ICO for failure to comply.

 

Has anyone got the link to the letter I need to send to the ICO I can't seem to find it now

[BankFodder]

Sar

[jon8214]

Thanks BF

[mrabody]

The GDPR gives you the right to civil remedies for both material and non-material damages. Rather than report it to the ICO why not bring a claim in the County Court?

[jon8214]

mra, how would I go about it, I live in NI

[dx100uk]

Report the fact they are being obstructive to the ico

Why dont you start an IRL complaint anyway?

[jon8214]

I have already DX

 

I only had one loan with them and it went to the ombudsman but was rejected

 

my main reason for this SAR is to see if they carried out the default procedure correctly and see what info they have in case of a claim being issued

[mrabody]

I'm not sure how the court system works in Northern Ireland, but in the England and Wales you'd send a letter before action and then issue a claim in the court.

 

The cause of action is their breach of their statutory duty under the Data Protection Act 2018 and you'd claim damages for distress.

 

If you issue a claim you'd want to keep it small - £250 would be a good starting point.

[jon8214]

There is no requirement for a LBA in NI so I have just raised a small claim online through the NI Courts service for £250, lets see what the come back with

[jon8214]

I have now received an email from NI Courts and Tribunal service saying they have to refer the claim to a judge to see if it can proceed as the courts staff don't know if you can submit a claim for damages due to distress

 

I will say that all small claims are checked by court staff before being issued in NI

 

anyone heard of this sort of thing in the UK?

[AndyOrch]

Checks are also carried out that claims are suitable for MCOL (England & Wales)

 

Please be aware that not all disputes are suitable for MCOL. For more information on

different types of disputes you can download booklet EX301 – ‘I’m in a dispute – what can I

do?’ from http://www.justice.gov.uk/forms

 

Andy

[mrabody]

MCOL is probably not appropriate for this sort of claim as your damages are for "distress" which is technically a personal injury. You'd want to issue the claim through your local county court.

[AndyOrch]

MCOL is probably not appropriate for this sort of claim as your damages are for "distress" which is technically a personal injury. You'd want to issue the claim through your local county court.

 

Cant anyway...this is Northern Ireland

[jon8214]

I've had a letter form the court asking me the legislation I am using for my claim

 

I have told them it is chapter 8 article 84 of the GDPR regs

[mrabody]

it is actually the Data Protection Act 2018 which gives legal effect to the GDPR in the UK.

[jon8214]

Thanks MRA, ive informed them I will be relying on the Data Protection Act 2018 as well

[jon8214]

well whilst the claim is being queried LS have sent what they think is sufficient as a SAR

 

they've included

1) Statements

2) Application

3) DN

4) TN

 

No screen prints, calls, who they've disclosed my data to etc

 

I have emailed them to notify them of their failings and have given them 48Hrs to comply

 

Im awaiting my claim coming back from being looked at by a Judge but I am going to let it run

[steveod]

it is actually the Data Protection Act 2018 which gives legal effect to the GDPR in the UK.

 

Not quite correct, until Brexit that is. The GDPR is in effect without the DPA 2018 but the DPA makes changes, exclusions and exemptions as allowed for by the GDPR so they both have to be read together. Mostly the DPA just incorporates the GDPR for when Brexit occurs with main exemptions for security services and crime detection from a number of provisions of the GDPR.

[jon8214]

From tracking my Claim online I can see that the judge has responded and my claim has moved from being queried to being active

 

So the judge has accepted I have a valid claim and I will wait for whether LS contest the claim or defend it

[jon8214]

well claim packs have been sent today

 

got an email over the weekend from LS saying they are looking into my email where I told them they were deficient in their late SAR

 

as the papers have now been issued I won't be stopping my claim against them and will wait to see if they defend it even if they do provide me with the info as they were still late in giving me the SAR info

[Redmountie]

Hi Jon,

Would you mind posting or sharing what you put down on your particulars of claim please? I have just sent an LBA to HSBC UK for non-compliance of a DSAR (under GDPR).

[jon8214]

will do later when I'm home

[jon8214]

1) the claimant held and account with lending stream under the acct no ..............

 

2) On dd/mm/yy the claimant sent Lending Stream a Subject access request under the General Data Protection Regulations (GDPR)

 

3) Under the GDPR Lending Stream has 30 days to satisfy this request to date they have not fulfilled this request and the claimant claims £xxx for damages and distress.

 

these are the POC I filed and it got queried by the courts as they asked for the legislation I was relying on but it has now been served on LS after confirmation, maybe one of the others could check and amend

[jon8214]

just received this -

 

Dear xxxxx

 

This is in continuation to our previous email dated 13th July, 2018. We apologize for the delay in sharing our response.

 

Thank you for waiting while we were gathering the requested information. We understand that you were concerned about the information shared by us in the email dated 4th July, 2018 and you believe that it was incomplete. Hence, we have gathered all the requested information and would like to share our findings.

 

To begin with, as you have requested for the copy of complaints data; we have attached all the relevant complaints data relating to your loan accounts. Also, we have attached the transcript and email communications shared with you in regards to your loan accounts.

 

For your concern about your information and data being processed, we would like to inform you that as a responsible lender we are required to report the status of your loan accounts to the credit bureaus on a regular basis and if you require any further information in regards to your credit file, you may contact them accordingly.

 

Please be informed that the information provided at the time of borrowing serves an important part to perform the affordability checks and to enable your credit agreement to be serviced. And your data is only processed for purposes in accordance with the specific consent you have provided.

 

Also, as stated above, your data is not available for any automated processing. It is only used in accordance with the consent provided by yourself for the processing of your credit agreement, including that appropriate affordability and credit worthiness assessments are carried out. Also it is required to ensure that financial transactions between ourselves and yourself are actioned appropriately and legally required credit reporting is fulfilled. Please be assured that the administration of our customer records is maintained appropriately.

 

For your reference we have attached all the relevant documents. We hope the above helps and addresses all your concerns.

 

Hence, please consider this as our final response towards the matter.

 

 

I replied with -

 

Dear Sir/Madam,

 

Thank you for your email below. As stated in my email of 04/07/18 this is now subject to a County Court Claim issued in Langanside Courts Belfast on 03/07/18 under ref 18/064158. This has been served at your business address - Lending Stream, Wysteria Grange Barn, Pikes End, Pinner, London, HA5 2EX.

 

As you are still deficient in the information you have provided in my DSAR I shall be pursuing the Claim, please respond as you see fit to the Courts paperwork.

 

If however you are willing to discuss this without the needs of involving the Courts I am willing to remove my claim on the following conditions-

 

a) All documentation that you hold on myself is disclosed

b) Compensation in the amount of £100 is paid to myself

c) I am reimbursed the Court fee of £35

 

As you are aware the courts regard themselves as the last resort to sort out differences and if you do not accept this proposal I shall produce this email as evidence of my willingness to resolve this issue without involving the Courts.

 

Regards

 

This see what their reply is, the claim form was posted on Monday so they have received it.

[jon8214]

Well, lending stream didn't contest or defend the claim so I've applied for a default decree

 

@andyorch do you know how I would go about enforcing this in England as it is a NI decree?