Natwest's reply to section 10 notice - any suggestions

[djzian]

I have recently reclaimed £591.00 of charges back from NatWest credit cards. As a direct result of their unlawful charges, Natwest have recorded a default with Experian. Unfortunately in the process of reclaiming monies, I forgot to mention the removal of the default and am now having difficulty getting this removed.

 

Having read the website I felt that surlybonds thread was brilliant and most appropriate to use in this particular instance and have just had the following response from Natwest:

 

"I am in receipt of your section 10 notice, dated 19th December, under section 10 of the data protection act 1998.

 

Our position is that the moneys you owed under the agreement were properly due and payable. The default notice was properly served and your failure to remedy the default within the prescribed period resulted in our reporting the default to the credit reference agencies. This processing of your data is in accordance with the consent you gave, as referred to in the first paragraph of you notice. We consider that our processing of your data is fair, lawful and warranted in the circumstances.

 

I would inform you that, given the processing of your personal data was consented to by you and you cannot retrospectively withdraw that consent after the processing has been carried out, we do not accept your notice under section 10 of the Data Protection Act and do not intend to comply with it.

 

Your notice is given under section 12 but this section relates to ‘automated decision making’. I don’t see the relevance of section 12 to the matters you describe in the notice.

 

I trust the above clarifies matters for you."

 

Any suggestions or advice on the best way to respond would be most appreciated.

 

Regards.

[dayglo]

This is great - don't do what i did though and push it. Assuming that you no longer have a contract in place with Natwest then relying on the fact that you used to and that you had previously given consent is an absolute rubbish and unjustifed response to your S.10(1) notice.

 

My advice, do nothing for 21 days then file an N1 at court - I'll help with particulars if you like but go and have a look around page 65-70 ish of my life back thread and you will find a 39 paragrpah letter that contains my argument in full. You'll be able to get somethnig from there no probs.

 

btw - i got exactly the same response from NW but kept chasing it and that just gave them the opportunity to give slightly improved responses that they could have used in court. If i hadn't pushed them they woudln't have come.

 

having said that - as soon as they got my notice of issue, the removed the default very quickly. same day as they issued their defence funnily enough.

[dayglo]

by the way - they are right about the S.12 thing too..... we should stop including this it makes us look stupid!

[djzian]

Thanks Dayglo

 

I'm off to check out your thread, I'm pleased to hear that all's not lost and that I've still got the n1 to fall back on.

 

I will keep you posted regarding progress

 

Once again thanks for your help

[dayglo]

errr ignore the slightly mental posting of later posts ! :o

[djzian]

Wow, Thats some serious reading.......

 

I have not yet received any further communications from Natwest and will wait the 21 days as you suggest. Not 100% certain on how best to word the n1 but have lots of good ideas so hopefully it should not be too difficult. Your thread has provided a great deal of useful information.

 

I will post on here before sending off so perhaps if you could cast your eye over it once completed, a second opinion would be most reassuring.

 

Thanks for your advice and assistance.

[djzian]

Right, the 21 days have expired and no further communication from Natwest. Should I send a letter before action titled accordingly or should I just send the N1.

 

Any suggestions would be appreciated.

[dayglo]

my advice? just go striaght to the N1

[djzian]

Thanks once again,

 

I will start preparing this with the help of your life back thread, though this may take a few days. When prepared, perhaps I could run this by you before posting.

[djzian]

Are there any requirements regarding the hearing for the n1, can I choose my local court?

[dayglo]

ok. first things first, the N1 is merely a form that you start the process with. There is no hearing, as such, associated with the N1.

 

It is the opportunity for you to explain to a court, and subsequently the defendant, (the court will send a copy of it to them for you - although you will have to produce the copy if you know what i mean!)

 

You are describing

 

1) what the defendant has done

2) what you want to happen as a result

3) the value (if any) of the claim

4) which court you would like it to be heard in.

 

in terms of the Particulars of claim, the ones I used weren't very good really in hindsight.

 

They relied too much on the consent issue.

 

In your case I would write something along the lines of 'failure to comply with S10(1) notice, and you are exercising your right under S10(4) to have a court order to enforce their compliance' or somthing like that.

 

If you need more help with this let me know - based on past experience with Natwest, the will prbably remove the default without a hearing.

[djzian]

Thats very helpful, thank-you.

[djzian]

I'm struggling a bit with the particulars of the claim, however how about this:

 

1) The defendant has recorded a default entry on the claimants credit record as a direct result of excessive and unlawful credit card charges.

 

2) As a result of an earlier 'Money Claim Online' action (claim number *******), the defendant has refunded the charges in question, however they have failed to remove the default and have not responded to subsequent communications (dated 16th November 2006) sent via Royal Mail special delivery, specifically requesting this.

 

3) In a second attempt to further the request for the removal of the default, the claimant sent a statutory notice pursuant to section 10(1) of the Data Protection Act 1998 to the defendant. The defendant responded to this notice stating: "we do not accept your notice under section 10 of the Data Protection Act 1998 and do not intend to comply with it".

 

4) The claimant is requesting that the default is removed from the files of all credit reference agencies as it has been recorded as a direct consequence of excessive charges applied to the account which has since been closed. In addition to this, the defendant has failed to comply with the S10(1) notice served on the 19th December 2006.

 

5) Should the defendant choose not remove the default on the grounds that it was a result of excessive charges which have since been refunded, I would like to exercise my right under S10(4) to have a court order to enforce their compliance regarding the S10(1) notice served on the 19th December 2006.

 

Any advice or suggestions would be most appreciated.

[Ferru]

AFAIK, the N1 form is used purely for submitting a small claims court claim, with a view to getting someone to pay the money they owe you. Therefore, if you want to ask the court to instruct someone to take a particular course of action- in this case to remove a default- then surely this isn't done using an N1.

 

Regards

 

Jeff

[dayglo]

AFAIK, the N1 form is used purely for submitting a small claims court claim, with a view to getting someone to pay the money they owe you. Therefore, if you want to ask the court to instruct someone to take a particular course of action- in this case to remove a default- then surely this isn't done using an N1.

 

Regards

 

Jeff

 

hello again jeff.

 

Sorry to correct you here, but an N1 is a court claim form it can be for money or a 'non-monetary' claim such as described in section 10(4) of the data protection act which affords a person the right to have a county court decide whether or not the processing of data is, or is likely to cause substantial damages or distress etc....

 

djzian, you are quite right - this is done on an N1. Give me a second and I'll go and find the Particulars of Claim written by Zootscoot which are very good.

 

The Claimant had account (A/C No) with Defendant from (Date) conducted on their standard terms and conditions.

It is the Claimant’s contention that:

 

1.The Defendant, as a data controller, is processing the Claimant's personal data without consent.

2. The Claimant sent a notice under s.10 of the Data Protection Act 1998 on 2 October 2006, requesting the Defendant to cease processing his data, on the grounds that it was causing unwarranted substantial damage and distress.

 

3. The damage and distress relate to the Claimant having to pay higher interest rates on credit agreements and the inability to obtain new credit arrangements or to obtain a mortgage.

 

4. The Defendant continues to process the Claimant's personal data through their data processors of Equifax, Experian Call Credit and any other Credit Reference agency employed by the Defendant.

5. Accordingly the Claimant claims:

a) An order that the Defendant ceases processing the Claimant’s data under Sections 10 (4) Of the Data Protection Act

 

b) Compensation at the courts discretion under s.13 of the Data Protection Act 1998

 

c) Court costs;

 

there you go.

[Ferru]

Thanks.

 

Could I use the N1 to simultaneously apply for the removal of a default and to seek damages for the distress that the default has caused? For a start, this would mean that I would AFAIK not need to pay £150, and it would also mean I could submit the claim by Moneyclaim, affording added convenience.

 

Regards

 

Jeff

[djzian]

Thanks once again Dayglo thats been a great help.

 

I've just completed the claim and will be posting later today, I will keep you posted with progress.

 

Once again thanks for your assistance with this matter

[tr03bor]

hello,

 

I hope someone can advise on this, could i use the above to get my bank to remove marks from my credit history which were put there while i was in the process of cliaming my bank charges (these have been refunded)

 

Also the N1 form, can i do this online?