Help needed Wording of Section 7 and 15(2) DPA

[Guest Battleaxe]

I am getting all the documentation prepared to file for non complaince of SAR. i am going to take them to court and it will cost £150.00 to file.

 

Has anyone done this before and if they have, how was the claim worded ?

 

I am going to do the same to Clydesdale Finance on the 27 November of the documentation hasn't arrived by Saturday.

 

Need the help of the quasi legal para's. I havn'e found anything in the template library

[lookinforinfo]

Rather than initially shelling out £150 without, by the sound of your request,

a huge percentage in your favour of winning, have you considered applying to the Information Commissioners Office to do the work for you?

A request for an Assessment to the ICO is where an individual believes they have been affected by any processing of personal data, may succeed without

the need for a time consuming trial.

As there is no cost using this avenue, and will also give you an idea of your

chances of winning a court case if the Assessment type approach fails,

what do you have to lose?

[Guest Battleaxe]

Been there, done that, no help to date and I am not fooling with this lot. No this £150 has nothing to do with my first A & L claim. This is the credit card , we don't know how much in charges yet, because they have not handed the paper work over and are stalling. The IC has been given the details but no action, so I figure a short sharp kick from the court might just light the litmus paper under these shylocks. Today MBNA admitted that they made an administrative error in forwarding the requested paperwork and want me to back off and give them a chance, no way I am going to sink the boot in. The courts can award compensation for this breach. Some one has to make them accountable for their actions. This is no trial, this is a punitive action and the Court will demand that they hand the paperwork over.

 

All it takes is one of us to have a go this way and this will set a precedent for those in the future. MBNA have been stalling along, by sending back the £10 fee and saying they don't think we need the full SAR and then have the hide to say the will give £110.00 as goodwill and close the complaint. I sent a warning letter two weeks beofre the 40 day and still they stalled. I now have two letters from two Assistant Vice presidents.

 

By the time we are finished collecting the charges owed to us from various institutions it will amount to nearly £8000.00, so I consider £150.00 to blacken their eyes a drop in the bucket, especially as the court will award damages. I spoke to the Court this morning and have been told theJudge who sits in Huntingdon takes no prisoners as far as the banks are concerned.

 

A rough estimate of the MBNA charges are around £1500.00.

[Jimbo44]

I am getting all the documentation prepared to file for non complaince of S.A.R - (Subject Access Request). i am going to take them to court and it will cost £150.00 to file.

 

Has anyone done this before and if they have, how was the claim worded ?

 

I am going to do the same to Clydesdale Finance on the 27 November of the documentation hasn't arrived by Saturday.

 

Need the help of the quasi legal para's. I havn'e found anything in the template library

 

Battleaxe, have a look in the Templates Library at alanfromderby's post (link below). It could be what you're looking for possibly.

 

Also, as alanfromderby poiints out, it's a Small Claims matter too.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

[Guest Battleaxe]

Thank you Jimbo44, I have also clicked the scales. When I spoke to the lady at the county court yesterday she didn't know what I was talking about, but a certain person did. He said remind the staff that it is Small Claims and N1.

 

I have found everyone at the local court so helpful. They know I have several more claims in the pipeline and they said I am the only person in this area who has started this type action. Looks like I am going to have to do another leaflet drop in the area.

The older I get, the crankier I get about injustice.

 

Soft hugs Jimbo

[rosierose]

Hi Battleaxe

 

I'm filing N1s to get my SAR's fulfilled by both MBNA and HSBC shortly. Is this becoming a more common stalling tactic, do you think?

 

I'll be following your thread with interest.

 

Rosie

[Guest Battleaxe]

rosierose,

 

I am sure these are stalling tactics, hoping we will just go away. When i mentioned they were stalling, Yvonne says 'no we are not stalling, it was an administrative error'.

 

Make them work to your timetables and this keeps the pressure on them.

 

They don't like it that we have control.

[stan5131]

Battleaxe. What is the progress on this? I have just filed court papers today for non compliance against Bradford and Bingley and an old mortgage of my sisters. Your last post was 24th November. Did you file?

[Guest Battleaxe]

Hi Stansfield,

 

yes I filed and on Wednesday have gone for Judgement by Default for non-compliance, we are still waiting for our Credit Agreement and as they didn't get the documentation to us by the stipulated date I filed the next day.

 

The wording is as follows:

 

Brief details of Claim:

 

Order under Section 7 and Section 15 (2) of Data P rotection Act

 

Particulars of Claim

 

1. The Defendant is a Data Controller within the meaning of the of the Data protection Act and is responsible for the processing of the data which the Claimant is a Subject.

 

2. The Clainmant has an account number xxxxxxxxxx ("the account2) with the defendant which was opened on or around xxxxxxxx

 

3. On Date the Claimant sent a Subject Access request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. the Defendant failed to comply.

 

5.. By virtue of the defendant's failure to comply with the Subject Access Request the Claimant has suffered damage.

 

6. The damage caused is:

 

Extra costs incurred in addition to Court costs, due to the Defendant's failure to comply - this includes the cost of additional correspondence and the time spent preparing documents and seeking legal advice. i estimate this cost to be £439.75.

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant;s Subject Access request.

 

8. Under terms of Section 15 (2) of the Data protoection Act 1998, where the Defendant contest the information requested under the Claimant's Subject Access request is not included in the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

When I requested the Judgement the other day, I included the email from Information Commissioners Office regarding my complaint and also my request to MBNA for the Credit Agreement.

 

Funny thing: MBNA sent me back the £10.00 postal order for my second SAR regarding our loan, they only have until 11 January 2007, before I file in Court again for their second breach of non-compliance.

 

BTW I claimed £100 a day for research, £1.00 for every letter I posted recorded delivery, the £10.00 SAR, and £6.95 for every letter written.

I got stung £150.00 court fees, which I have since found out shouold have only been £35.00.

 

You have to tell the Court staff that this not a pre hearing disclosure. I think there is sticky somewhere regarding this, but I will have another look in file regarding this.

 

Perhaps it is on my thread Battleaxe does MBNA.

[stan5131]

We had to pay £150 too and an extra £30 to claim our costs back upto £300 for letter writing etc. Total £180. My sister nearly had a panick attack! Why are they charging this when it should be £35? What is going on.

 

Please read my thread if you get chance. x

[morgan054]

NB: Please note that some County Court staff may not be aware of the procedure for these claims. It is important that you insist that the N1 is accepted - and that your claim is NOT a "pre-action disclosure", or a claim under "part 8".

 

The Information Commissioner has indicated that these claims should be dealt with in the Small Claims track.

Its in the library template http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

Had to use it my case for non compliance too

[Guest Battleaxe]

I showed the Court staff this, but they insisted it was £150.00. When I file on the 12th the second non-compliance I am going to be mnore assertive and only put a filing fee of £35.00 on the claim and only have £35.00 in my hot fat hand, as well as whatever I can dig up regarding Court fees.