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Virgin, an extra line and SAR problems.


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Well you made a threat and set a deadline. They have not met the deadline – so what do you think comes next?

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Just making sure all ducks in line-I don't want to find out there's a vital thing missing that I should have done before claim goes-it will be dispatched as soon as Moneyclaim gets itself sorted out-apparently it's unavailable due to updates for the last couple of hours or so. 

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Okay, post up the final particulars of claim once you have issued the claim.

I'm just having a little doubt about the £200 – and maybe it should be more moderate – maybe £100 would be more reasonable and understandable. I'm afraid is very difficult to gauge these things so I'm sorry for being equivocal about this

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Is there any reason to be so conservative, other posters have indicated the "going rate" for compensation awarded in relation to a breach of GDPR is £500. I would move that if the breach of statuatory duty has led to further distress beyond simply that of having ones rights denied the amount claimed can be justified.

 

In this case the breach of statuatory duty could easily lead to the op undergoing further distress due to lacking the necessary information to dismiss an unsubstantiated debt, information which should have been readily available.

 

In any case the experienced and impartial authority will soon correct any award if they deem it to be excessive, provided the underlying cause is sufficient which in this case it clearly is I highly doubt the amount claimed for would undermine that in any meaningful way.

Edited by Intrepid
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Well it's winged its way off this morning maintaining the original £200 as the figure and the original POC that BankFodder outlined in post 21.

 

Particulars of Claim

Quote


I had an account with the defendants reference number 078xx xxxxxx[redacted] On 13 Apr 2020  I submitted a subject access request pursuant to the Data Protection Act 2018. The Defendants breached the statutory deadline of 30 days and failed to make the disclosure and this failure is continuing seven months later. The defendants' breach of their statutory duty and my inability to access my personal data has caused me serious issues and distress. The claimant seeks damages for distress £200.

 

 

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It would still be prudent to do the necessary research on these forums and else where to see what has been awarded in the past and whether in this case the statuatory breach is comparable or more egregous when compared to what was awarded in other succesful claims.

 

One of the first hits on google is on a website duly named data breach compensation which leads to an address of a solicitors. They indicate that low risk breaches typically settle for between £750 and £1000.

 

Again I would stress the importance of researching similar cases so that answering the reasonable question of "How do you justify this amount" does not come as a surprise and can be readily answered.

Edited by Intrepid
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