Jump to content
Re14796

Am I worrying about nothing

style="text-align:center;"> Please note that this topic has not had any new posts for the last 188 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Basically I failed to send a request for information for a customer and then got an email today reminded that the request for information is overdue and has to be in by the middle of next week. I sent it today to all departments, I apologised and asked them to send the information ASAP. If I fail to meet the deadline will my company get fined? it is to do with gdpr. A customer has requested all the information we hold

Share this post


Link to post
Share on other sites

No, it is most unlikely that the company will be fined. On the other hand, if the data subject is in an aggressive mood about it then they will be quite justified in complaining to your company and also the information Commissioner.

 

Ideally I would suggest that you write to the customer and explained that there has been an oversight and that there may be a delay but all possible efforts are being made to satisfy the request on time or as soon as possible afterwards. However, I don't think you could properly send a letter like this without talking to your line manager and explaining the situation. I think from your point of view you need to be as open and as honest as possible with your line manager so that your mistake isn't "found out" later on and it looks as if you have been trying to cover it up.

 

Go and see your line manager immediately. Explain the situation. Put your hands up and suggest your line manager that an apologetic message is sent to the data subject and that your line manager then contacts the relevant departments within your organisation and asks them to prioritise the data search.

 

One important thing is that you have made a mistake and you don't want to compound it by having been seen to try and cover it up.


Share this post


Link to post
Share on other sites

Go beg the other departments in person and I am sure you will get there on time.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Share this post


Link to post
Share on other sites

And what if your IT systems go down, or the internet connection, or the mail server?

 

 

I'd be very surprised if this request was as urgent as you've been told, there has to be some leeway.

 

 

Doesn't mean you won't get into trouble, it depends on whether your company is retarded enough to think that making examples of people helps to motivate staff.

Share this post


Link to post
Share on other sites
And what if your IT systems go down, or the internet connection, or the mail server?

 

 

I'd be very surprised if this request was as urgent as you've been told, there has to be some leeway.

 

 

Doesn't mean you won't get into trouble, it depends on whether your company is retarded enough to think that making examples of people helps to motivate staff.

 

there is no leeway. The statutory duty is a fixed 30 days (previously 40 days) and there are strict rules which permits some exemptions in exceptional cases.


Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?




  • Tweets

  • Posts

    • well what they send before was well below the required stuff. defence is not due till/by 4pm may 3rd.   so incomplete / failure of previous CCA request simply needs to be added to our std holding /no paperwork defence re the way to search here detailed in post 33.   something like   Particulars of Claim  (1)The Defendant entered into a consumer crediticon Act 1974 regulated agreement with Vanquis under account reference xxxxxxxxxx  (2)The Defendant failed to maintain the required payments and a default notice was served and not complied with.  (3) The Agreement was later assigned to the Claimant on 30/09/2014 and notice was given to the Defendant.  (4)Despite repeated requests for payment, the sum of £1,597.56 remains due and outstanding.  And the Claimant claims   (a)The said sum of £1,597.56   (b) interest pursuant to s69 County Courts Act 1984 at the rate of 8% per annum   from the date of assignment to the date of issue,accruing at a daily rate of £0.350,  but limited to one year,being £127.80 (costs) then signed by Lowell Solicitors Limited.  #####Defence###### The Defendant contends that the particulars of claim are vague and generic in nature.  The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2. Paragraph 1 is noted. I have in the past had an agreement with [insert original creditor]  but do not recognise this specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request..    3. Paragraph 2 is denied I have not been served with a Default Notice pursuant to the consumer credit Act 1974.    4. Paragraph 3 is denied. I am unaware of any legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)    5. On receipt of the claim form, the Defendant sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of said request.  The claimant has since complied and disclosed various documents however unable to comply with disclosing a valid full copy of the executed agreement on which their claim relies upon.    6. A further request made via CPR 31.14 to the claimants solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied, but has stated a general extension of time to retrieve the documents, to date nothing has been received.    7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  a) show how the Defendant has entered into an agreement and;  b) show how the Defendant has reached the amount claimed for and;  c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 88 CCA1974  d) show how the Claimant has the legal right, either under statute or equity to issue a claim    8. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed    9. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of section 136 of the Law of Property Act and section 82A of the Consumer Credit Act 1974    10. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • I can’t help but think that we’re massively over complicating things here, pick up the phone and ask to speak with the PM. Explain the issue and ask them to sort it out. I could solve 99.999999% of problems within an hour or so provided someone actually told me what the problem was. By the time I was receiving letters spanning several pages and having to dig through notes and speak to people to get their accounts of what happened it could take weeks to gather the info and get replies from everyone. Just pick up the phone at lunchtime on Tuesday, ask for the PM and if they’re unavailable ask when they can be contacted and speak to them so they have an opportunity to resolve what is probably a very simple issue rather than trawling out weeks of waiting. 
    • it would not take much for the present owner of the CO to get that changed to their name. as far as I am aware, if the property is sold, then it will need paying.   whos the owner now or more correctly, whose been sending letters and what do they say? bet DLC is in the mix...
    • This was the result of a CCJ   The house is jointly owned, but the loan was in both names (at the insistence of Black Horse).   The house is also a shared ownership property, so we own half of it and a housing association owns the other half.
  • Our picks

    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies
    • 30 Day Right To Reject - Vehicle Casualty Report. Read more at https://www.consumeractiongroup.co.uk/topic/415585-30-day-right-to-reject-vehicle-casualty-report/
      • 57 replies
×
×
  • Create New...