Havinastella V Lloyds TSB

[havinastella]

Jogs, did you complete an AQ for this.. if so what did you put in the "other information" section please.

 

Many thanks

 

 

Hi CB

 

Yes I did, but unfortunately lost the infomation in the great PC crash of 2008;)

 

It's taught me to always make a hard copy.

 

Jogs

[citizenB]

Thanks jogs.. yes a lesson learned the hard way:D

[FM79]

Hi Jogs,

 

Good to see a positive outcome. Well done!

 

I'm filling in a couple of N1s now (one for Lloyds, one for Halifax). I know I'm probably going to sound thick, but what happened with your Schedule of Costs and Disbursements? Did you stick with them and did they go against you like some suggested? I'd like to use a similar list.

 

I hope it's not rude to ask: You said you accepted an out of court settlement for "costs" and finally got the data you'd been waiting for. So does that mean you got the £400? I'm not clear on that. How did you know the "charges" without the statements, etc? The £400 was your Schedule of Costs and Disbursements or Schedule of Charges?

 

Sorry for being thick!

 

Best,

FM

[havinastella]

Hi Jogs,

 

Good to see a positive outcome. Well done!

 

I'm filling in a couple of N1s now (one for Lloyds, one for Halifax). I know I'm probably going to sound thick, but what happened with your Schedule of Costs and Disbursements? Did you stick with them and did they go against you like some suggested? I'd like to use a similar list.

 

I hope it's not rude to ask: You said you accepted an out of court settlement for "costs" and finally got the data you'd been waiting for. So does that mean you got the £400? I'm not clear on that. How did you know the "charges" without the statements, etc? The £400 was your Schedule of Costs and Disbursements or Schedule of Charges?

 

Sorry for being thick!

 

Best,

FM

 

Firstly, I put in my costs as £186ish (it's on my POC) Copy mine and for the filing of the N1 they are about right.

 

The FULL SAR dropped on my doorstep the Friday before the Court date.

 

I had submitted a 'revised' costs schedule the same day. This was for the extra time to fill in the AQ, the extra costs for the hearing, time revising AQ etc. This put the costs I was claiming upto about £400 (this 400 has NOTHING to do with the charges on the account)

 

We settled on £375, which Lloyds paid into the account in SECONDS, not 5-7 days

 

Anything else I can help you with, just post.

 

Jogs

[FM79]

Hi Jogs,

 

Thanks so much for the reply and well done on making the buggers pay out!

 

OK, I've basically put my costs/damages/whatever at £160 for Lloyds, who have sent me some documents, but not all (and not the ones where I expect there to be the highest charges - loans and credit card) and £140 for Halifax, who have sent sweet FA. Like you, I've put down the cost of copying, printing, postage, etc. and charged for time spent researching, writing letters and going to my local branch.

 

It's been 90 days since I made the SARs, so I don't want to give them any more time. Now I'm just trying to decide if I should stick with the N1s or use Money Claim Online instead.

 

Anyway, I really appreciate the reply and am encouraged by your sweet victory. Thanks for sharing the experience so that others can have a go as well. Good for you!

 

Thanks and Best,

FM

[mkb]

Jogs

 

I know I'm being particularly stupid here but on your POC, did you just ask for compliance to your SAR? How/when did you ask for costs?

 

Black Horse are taking OH to court & SAR expired last month despite reminders etc & I want the info cos it can prove the amount they're claiming includes penalty charges

[citizenB]

Jogs

 

I know I'm being particularly stupid here but on your POC, did you just ask for compliance to your SAR? How/when did you ask for costs?

 

Black Horse are taking OH to court & SAR expired last month despite reminders etc & I want the info cos it can prove the amount they're claiming includes penalty charges

 

 

 

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

2. The Claimant has had the following account numbers (“the Accounts”) with the Defendant - ACCOUNT NUMBERS ENTERED HERE

 

3. On DATE YOU SENT SAR the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has 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 Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £??????? (see attached schedule 1)

 

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

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within 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.

 

MK,above a copy of my POC.. HTH

[mkb]

Thanks CB

 

Off to raise an N1 against them now - hehehe

[pumpytums]

Interesting thread,

out of interest if the failure of a SAR on the OC caused you problems in a court case with the new owner would it be possible to claim for anything in relation to that? or would in be best to put it to the courts discretion?

 

I haven't lost said case as its in its early stages but the information from the SAR would be very valuable.

 

Pumpytums

[mungos mum]

Hi citizenB

 

We have been following this thread for awhile and finally summoned the courage to put in our own N1 forms to the court for non compliance to a SAR's request.

 

Our forms were filled in a similar way to havinastella (different wording but similar vein) and duly presented in triplicate to the Court with a £30 fee for each.

 

The Court have returnded the papers with a note saying that we have to pay a further £150 per application as we are asking for an Order, if we were solely asking for money the £30 would be okay, but any application asking for an Order to comply attracts an extra fee of £150.

 

Any idea if this is correct?

 

Any help or advice greatly received.

 

mungos mum

[havinastella]

Look here

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/130-data-protection-act-non-compliance-particulars-of-claim-

 

 

There have been instances in the past when the Court had no idea what the paperwork was for and charges this amount.

 

It depends on the wording of your N1 and whether the Court understands it.

 

Jogs

[mungos mum]

 

MK,above a copy of my POC.. HTH

 

Hi Havinastella

 

This is the wording we used and which the Court office is saying the fee must be £150 on top of the £30 for damages,

 

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

2) The Claimant has had the following account numbers ("the accounts") with the Defendant;

3) On 11th February 2010 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

4) The Defendant has failed to fully 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 time spent preparing documents and seeking legal advice, I estimate the cost to be £... (see attached schedule 1).

7) The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request.

8) Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests the 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.

It didn't seem that disimilar to your own N1 form, or are we missing something?

mungos mum

[gezwee]

Hi Mm

 

Think you need to be quoting s.15 to the courts manager.

 

The order is not one of your making, the jurisdiction lies with the county court to order document disclosure for inspection pre judgement.

 

The monetary/damages application can only be assessed if the DJ orders data for consideration. Any data the judge orders cannot be disclosed to you until such time that the court has determined the relevance.

 

In essence the DPA takes precedence in part 7 actions. The problem that some are finding is that court staff immediately note that an order is sought and move to part 8 (effectively injuctive) rather than following the appropriate procedure.

 

Link to S.15 here....... Data Protection Act 1998 (c. 29)

 

Gez

[mungos mum]

Hi gezwee

 

Thanks for the advice and link, will try again this morning to submit the forms.

 

mungos mum

[citizenB]

Did you use the exact wording from post #82 ?

 

If you havent already gone to the court, then print off the Information commissioners leaflet, "Taking a case to court" in the following link. It specifically states this is a Part 7 submission.

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/taking_a_case_to_court.pdf

 

HTH

[mungos mum]

Hi citzenB

 

I went to the court office again today armed with a bit more information and tried to submit the papers again.

 

The court officer stood firm and said that because the wording stated we were asking for the judge to Order them to comply we needed to pay another £150 on top of the £30.

 

Court officer would not listen to reason or budge, so I have taken the papers to another court, I explained that I was submitting them as a 7 not an 8, they took them and said they would put them to the judge and I would hear in the next few days.

 

mungos mum

[mungos mum]

Hi citzenB

Finally received in the post from the second court the Notice of Issue to say they have served the defendant, all was accepted with a £45 fee, still unsure why one court will accept and another won't, but finally in.

 

Mungos Mum