Jump to content


DSAR Opos Ltd ***Settled in Full***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1980 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

there is no record of Mr Sand under Kapama's website or on companies house he is only listed under Opos but the email address he replies to is in both Kapama's and Opos's privacy policy which I have already downloaded

 

I agree this isn't personal this is about a company avoiding their responsibilities under GDPR as it is a new regulation we need to keep on top of these companies so that we can uphold our rights to our data

Link to post
Share on other sites

  • Replies 71
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Short simple points in your WS...

 

Both companies registered at same address as per both their FPN on each website.

Both companies have MR SCOTT DAWSON as a Director.

 

https://ico.org.uk/ESDWebPages/Entry/Z3458382

https://ico.org.uk/ESDWebPages/Entry/Z1324098

 

https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000000oyVRWAA2

https://register.fca.org.uk/ShPo_FirmDetailsPage?id=001b000000kdtBPAAY

 

Both companies have Margo Kidd as the FCA Contact from that compliance perspective...

So this means that Mr Sands is legit the DPO for both Orgs... No wool over eyes boys.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

yeah ive already downloaded the info from companies house to prove the link between the companies

 

I have a lot of info already -

 

privacy policies for Kapama and oops - showing DPO email address the same

companies house info

Copy of Opos website showing Mr Sands as head of compliance

Copy of ICO guidelines

Copy of GDPR

Copy of case law

Copy of all emails between Opos/Kapama and myself

 

Is there anything else you can think of that I will need?

 

Ive a bit of time before the WS will be due as the return date for the court by Mr Sands is 11/09/18 if they don't reply then I will go for summary judgment if the do then I will need to do a WS

Link to post
Share on other sites

You have enough.... But cut your points down as said in the WS and also supply evidence - But cut that down too...

Your 2 gunning points here - ID Aspect / Requirement to fill out a form when they have already identified you and there isnt a requirement to fill out a form

Finally last point is non-compliance of DSAR :)

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

yeah ill just use the relevant paragraphs of the legislation etc and not attach the full copies etc

 

is it best to tackle one point at at time in ws eg deal with the id issue, then the form and then the failure to provide the info?

Link to post
Share on other sites

thanks FK, ill start drafting

 

but if I hear anything from Mr Sands in the meantime I shall let you know, im just wondering to see if he will actually issue a counterclaim or whether that was him blustering, because I can't see a reason for him to issue a counterclaim

Link to post
Share on other sites

  • 1 month later...

Alarm bells are ringing

 

1 - Data Protection Act 2018? Nah Mr Sands - Its GDPR From 25th May 2018

2 - When you issued the claim - Did you do so against the company or the individual (Rob Sands)?

3 - Youve been communicating with Mr Sands via the email address for the Data Controller? Like... I... Honestly... Hes trying to tie you up.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Hidden - I was going to say about a name.

As long as it was issued against the company directly thats the main part. If you have bought Mr Sands in as a rep of the company then fair play. If he has been dealing with it then he should remain as part of the claim.

If it goes before a judge, probably will be him as a defendant as a rep for the company anyhow.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Even if you were to send a DSAR to the Data Controller then it would be the same company in the group. You can send a DSAR to a company and ask for all info on yourself from the group. They have a responsibility to pass on all info.

Send one to Lloyds - You can get info from Lloyds, Lloyds TSB (When it existed) Halifax and BOS if you had accounts with all 4.

 

Redraft your statement in simple precise numbered points.

 

1. I am claimaint - xxxx claiming against defendant OPOS Limited in respect of GDPR Breach.

2. This claim is raised because of.... xxxxx

3. I enclose evidence marked (x) (x)

4. I will set out my case here forth...

5. OPOS / Kapama Limited are part of a group of the same companies. They share data between entities for collection industry purposes.

6. The claimant claims that Kapama are not complying with the regulations under GDPR 2018 which came into effect on the 25th May 2018

7. The claimant made a request against the defendant to supply all info on an account - This is commonly known as a Subject Access Request.

8. The Defendant has previously corresponded with the claimant in respect of sending a "Consumer Credit Agreement" (List other docs here) without verifying my identity in full.

 

*You Get The Idea* :)

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

Oh wow... And will they be in attendance for this GDPR Spectacle?

FYI - Ive asked other site team members to pop in. Want to get their perspective too :)

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

no idea, there's no DQ or AQ in NI so I don't know if they will attend

 

once a case is defended it automatically gets listed for a hearing

 

you then have to send your WS to the court and other side 10 days before the hearing date

 

a lot quicker over here than in England and Wales

Link to post
Share on other sites

very true lol

 

I can't see a judge finding in their favour but it will be down to judge lottery

 

with the evidence ive got I wouldn't be surprised if I get a settlement email after the bundles are exchanged

Link to post
Share on other sites

heres a revised copy of my WS any amendments or advice would be appreciated

 

In Belfast County Court

 

Claim Number xxxxxx

 

Between

 

xxxxxxx

 

And

 

xxxxxxx

 

_______________________________________________________________________________________

 

 

Witness Statement of ME

 

_______________________________________________________________________________________

 

 

I, xxxxxx will state as follows.

 

1) The claim relates to the failure to provide information requested by the claimant by way of a Data Subject Access Request (DSAR) that was sent by email to Mr Sands as the Data Protection Officer (DPO) for Opos Limited on 23/06/18. A copy of the request is exhibited hereto at xx1.

 

2) Under the General Data Protection Regulation 2018, that came into effect on 25th May 2018, the DPO of an organisation has 30 Days to comply with a DSAR. A Copy of the relevant paragraph of the GDPR is exhibited hereto at xx2

 

3) I received a reply from Mr Sands on 12/07/18 stating that I needed to fill out a form and enclose ID for them to process the DSAR. From the Information Commissioners Offices’s (ICO) guidelines on compliance with the GDPR a company must not force a data subject to fill out a form, a DSAR request can be made by any means. A copy of the guidelines is exhibited hereto at xx3.

 

4) In respect of the request for ID, under the ICO guidelines for compliance a DPO can only request ID to substantiate a Data Subject if he is not sure of his identity (xx4). Opos Limited have previously communicated with myself by sending a copy of a Consumer Credit Agreement, account statements, collection letters and responding to complaints, from the same email address used for the DSAR, without questioning my identity (xx5). Due to this prior correspondence I feel that there was no reason to question my identity

 

5) The County Court Claim was issued on 27/07/18 and Mr Sand’s was notified (xx6). On 01/08/18 I received a reply from Mr Sands (xx7). I replied the same day (xx8) quoting the relevant legislation and received a reply from Mr Sands (xx9) stating that he would be defending and issuing a counterclaim if I did not retract my claim. He also stated that Opos Ltd were a Data Processor and not a Data Controller and I should have requested the DSAR from the Controller.

 

6) Opos Ltd’s sister company is Kapama Ltd, the Data Controller, this company has no customer facing lines of communication, all correspondence goes through Opos Ltd. Kapama Ltd’s privacy policy (xx10) states the contact address of their DPO is [email protected], this is the address I have been using to contact Mr Sands. I have enclosed the information from Companies House (xx11) for both Kapama Ltd and Opos Ltd, to show their address’s are the same and also their director is the same person.

 

7) In Opos Ltd’s Privacy policy (xx12) it states that any DSAR requests received by them will be passed to the Data Controller (Kapama Ltd). Through the evidence produced I feel I have proved that Mr Sands is the DPO for both Kapama Ltd and also Opos Ltd, and therefore the Data Controller, and should have provided me with the relevant information under my DSAR within the statutory 30 Days.

 

Conclusion

 

Due to the facts stated in this witness statement and under Article 82 of the GDPR (xx13) and also under case law of Halliday v Creation Finance (xx14) I request that the Court grants my claim and orders the defendant to pay me the sum of £250 for damages and distress plus £35 court costs.

 

Statement of Truth

 

I, xxxxxx, believe the fact stated in this witness statement to be true.

 

 

Signed

 

 

 

 

xxxxxxxxxxx

Link to post
Share on other sites

Id say looks good to me...

 

Im hoping the judge sides with you and awards you this... Itll be a big win as itll be proof you can take a company to court over GDPR xd

However in Halliday v Creation Finance it was over arrears reported to a CRA... I guess to a good degree its what you need.

Lets see :)

 

Please do keep me posted... Also finally other people may come in to advise. If they do take their advice, if they dont then just go with it.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...