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mrpromiscous

MrPromiscous V The Woolich ERC

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Ok.... I sent an SAR to the woolwich in respect of my mortgage account closed 18 months ago when we moved home and mortgage provider on the 21st November, and recieved along with information/charges relating to my current account ! I sent a 2nd SAR letter highlighting the wrong account information had been sent and they were still bound by the same 40 day deadline giving them until today..... no info has yet been recieved so today I drafted a letter found in another post informing them of their non-compliance and putting them on another deadline, this time 7 days only in which to furnish me with the desired info.

 

31st December 2006

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Account Number : **-***-*****

Dear Sir/Madam,

You have failed to comply with my Data Protection Act Subject Access Request dated 21st November 2006 and subsequent letter dated 28th November 2006 regarding the same matter due to the fact you released details of my current account and not the records of my mortgage account which was clearly stated at the top of each letter.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully,

MrPromiscous

Although I have the redemption statement from when we moved we can't remember if we ever paid any late payment charges and so forth so we want confirmation of this. Another thing that we are uncertain of is one of the items on the redemption statement, the ERC is clearly labelled as such and amounts to £2046.26 but there is an item called "Interest due" which equalls £2904.37 and we are unsure whether this is reclaimable also. An item called the "final repayment charge" im guessing is a penalty charge related to closing the account but I have been known for making howling mistakes in the past (like taking out a mortgage with The Woolwich) so if anyone has an opinion on this I would love to hear it !

 

Regards,

 

MrP :D

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The other problem is that assuming all 3 are unlawful charges and reclaimable as such then combined they amount to £5145.63 and thats without the addition of interest so this would put it out of the financial confines of the small claims track, what are the financial implications to us if we were to be allocated to the fast track and subsequently lose our case ???

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Ok the deadline set out in my SAR non-compliance letter has now expired and I have recieved no word whatsoever from The Woolwich so could someone please advice what my next move should be. This is new to me none of my other claims have gone down this route.....

 

MrP

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I've just read Alanfromderbys post in the templates library about the particulars of claim under the Data Protection Act Non-Compliance, I wonder is it possible to file such a case using MCOL or must it be via an N1, Alan if your reading this I would apprieciate thhe input, anyone else with views/experience of this is also very welcome to add comment.

 

MrP

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Hi MrP,

I think DPA non-compliance has to be an N1 at your local court because you are not claiming any money.

All the best,

Paul

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yea I agree Paul thats what I have decided to do but it will be Friday morning now because I have decided to do my 2 Barclaycard claims via the N1 form as well so I have spent this afternoon collating the info for those as well.

 

MrP

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