DPA not recievied.

[wp]

having requested info back in july 2006,i still havent recievied my statements through.i sent a cheque in aug (which they have cashed).i sent a complaint to the info commission(nothing recievied or heard),i wrote a letter saying i would start court proceedings if i didnt recieve my statements(hand deliverd),and still nothing.

when i go to money claim wat do i put in the box regarding getting my statements,and will i be able to get the £35 it will probabllly cost me back,any help would be appreciated .

[Janet-M]

If you have threatened them with court action then start it .Never threaten anything that you are not prepared to follow through.

You can't do a claim for non compliance using MCOL it has to be on a N1 form and issued through your local CC

The information you require is here

[Movingon]

OK, first of all I would call the Information Comissioner's Office to find out what's going on with your complaint.

 

I would not submit this claim via moneyclaim online; I would fill in an N1 Claim Form on your PC and send it to your local court.

 

On your N1 form I would put the following:

 

1. Claimant had (has?) (an) account(s) with the Defendant from approximately - the account reference is/are , etc etc

 

2. On , Claimant did request access as a Data Subject to his Personal Data in accordance with s.7 of The Data Protection Act 1998.

 

3. The 40 day deadline given in said Act for completion of this request has been exceeded and the Defendant has not responded to the request in any way.

 

4. The £10 fee sent pursuant to the request has been claimed successfully by the Defendant evidencing the receipt of said request.

 

5. A reminder of the Request and its submission date was hand delivered to the Defendant at

on .

 

6. The Claimant claims the £10 fee, and in costs to his person associated with the preparation of the Subject Access Request and communications pursuant to it, and the £35 Court Fee.

 

7. The Claimant further respectfully requests that the Court consider his entitlement to Interest under Civil Procedure Rules, the rate to be at the discretion of the Court, dating from the date of the original request.

 

8. The Claimant further requests that an Order be made by the Court, requiring the Defendant to immediately and without delay comply with the Subject Access Request submitted by the Defendant in full.

[Movingon]

- the approximate date you opened your first account with them.

- the date your request was submitted; i.e. two days after you sent it and any supporting documentation; e.g. identity documents etc.

& - the date you hand-delivered the letter to the branch, and the Branch address

 

- a reasonable amount for expenses; take into account any time off work to hand deliver it, travel costs, costs of paper and printer consumables, cost of telephone calls etc. BE REASONABLE - I would suggest that anything less than £50 would be easily justifiable by adding ALL the stuff up associated with your entire SA R.

 

YOU MUST CLAIM AN AMOUNT!!! If you do not, it will cost £150 and get allocated to the wrong track etc.... gets messy.

[wp]

cheers i`ll get on it ..

[Georgia.Whitehead]

Hi

[Georgia.Whitehead]

Hi wp i am in exactly the same predicatment as you i started in june!! they then cashed my cheque 40 days later i have since sent the notice letter and i have purchased both books and this friday i am going to go to my cc to do this, i think they are testing us so im going to court i will keep you posted if you like?

good luck

[wp]

well i decided to complain to the information commisioner in the end..after a couple of phone calls i eventually got my statements..i`ll keep u posted on the out come