No reply to DPA...can I issue 'estimate' claim at same time?

[maxibon]

Hi Guys,

 

I am currently in the process of proceeding with a claim via courts for a joint account but also have a sole account I had requested DPA details on.

 

They have responded to the joint one but have not sent statements for the sole one despite the intial letter and 2 follow up phone calls to kindly remind them! 8)

 

I am sure I saw somewhere then I can now proceed with an estimate claim based on what statements I DO have.... Can someone please confirm this and also what I need to do/state in order to report them for not complying with the DPA request?

 

Help appreciated.

[missm]

I would not advise this... you will HAVE to show evidence if it gets to small claims, you can not use estimates.

[maxibon]

I understand what you are saying but my point is that I have tried to obtain evidence and RBS have not provided this so all I have to work on is most recent statements ( about 5 months).

 

Also wanted to ask how I go about claiming for them NOT providing my statements within the 40 days. I know I have to register a complaint with the OFT but I am sure there was another option rather than adding to the OFTs backlog...

 

Thanks

[telewest]

edited

[isidore]

I think going back many months, the idea of estimating was toyed with but I don't think there has been much success with it. The problem is how do you prove that the charges you got at such and such a time were the same as 6 months previous? If you haven't had your statements, then send them a letter advising them you have made a complaint to the ICO, go to the ICO website and make an online complaint. Afraid you will just have to wait....

 

Obviously, ensure they have received your letter. Did you send it recorded? Can you get confirmation from Royal Mail website?