Barclays have emailed. Still not head from FOS but will keep tying.
Dear Mr XXXXX
Further to my colleague, Lisa xxxxx’ email on 21 February, I’d like to provide you with an update about your complaint.
I’ve passed your email onto our Legal Team who are now taking ownership of your case and will be in contact in due course.
So a third data breach. Even more distressing.
Of course if it were a bank they will be extremely keen not to have this kind of judgement recorded against them and so they might well offer you a settlement far greater than your initial claim. Because this is a car dealer, it won't seem as important to them. However, you don't seem to have suffered any economic loss, luckily under the data protection legislation you can sue for distress caused to you and your family by any breaches of the data protection rules.
So it's up to you. I would have thought that you could try suing them for a couple of hundred quid – in the expectation that they realise that they have screwed it up and they won't defend. If they did defend innuendo hearing then of course you would risk your claim fee and your hearing fee and you would have to explain to a judge the extent of your distress and why you considered that that it was worth £200.
I think the chances are that Nissan would put their hands up. Especially in view of the fact that you have got this very helpful letter from the ICO.
I would start off immediately by making further complaints to the ICO – using the same reference number because that will probably speed things up. I'm extremely impressed that you've managed to get a response back from the ICO so quickly. Maybe they have got new resources.
After that, the next move is down to you. Do you want to sue them for a couple of hundred quid on the Small Claims Court for these breaches of the data protection act?
Thanks Andy - I managed to send as suggested however I couldn't submit direction in time.
I received/saw Moriarty's response on the last day before deadline, so couldn't reply in time but I did submit the other docs.
What's the best way to submit my directions (is there a recommended template) and to request mediation?
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