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    • Clear as mud...so you are the claimant...the defendant is correct they do not file serve evidence before the trial...normally directions state 14 days before the trial hearing each party simultaneously exchange and file.   The defendant then paid the debt amount but not the court fee or the section 69 interest at 8%.. Did it get to trial ? or is that yet to happen ? 
    • Then be prepared to get your cheque book out.   You will be served with the evidence the prosecution intends to rely on to convict you when you receive notification of court action. This will almost certainly be in the form of a "Single Justice Procedure Notice" (SJPN). They have six months to begin court proceedings and in most areas take all of that. You will be given three options:   1. Plead guilty and have the matter heard by the Single Justice (a hearing which you cannot attend).   2. Plead guilty and opt for a hearing in the normal Magistrates' Court (a hearing which you can attend).   3. Plead Not Guilty.   If, after viewing the evidence, you decide on (1) or (2) you will be sentenced in accordance with the sentencing guidelines. These suggest a fine of half a week's net income (maximum £1,000, reduced by a third for a guilty plea). You will also pay a surcharge of 10% of the fine (Minimum £30 - or £32 if the offence was committed on or after 28th June 2019) and costs of £85. You will also receive 3 penalty points. So you can see that the costs and surcharge will exceed £100 before you consider the fine.   If you choose (3) you will have to rely on either (a) the prosecution being unable to prove its case or (b) successfully rebutting their evidence. The cost of failure here is high. You will obviously lose your one third discount for a guilty plea and the costs will increase to as much as £620.   You can see that you "old fashioned" approach could cost you dearly. But you takes your choice and pays your money  😪  (or hopefully not  😀).
    • I was not aware that mitigation can also apply to actions taken after the event. I have not outlined this to date, I will write another letter stating this given I now use a monthly travel card and would never attempt it again. However, the Court date is in 10 days so I'm not sure I would receive a response in time.. seems to be worth a try though.    Thank you dx100uk. 
    • Sorry, but I don't understand. Am I "quoting" unnecessarily? I'll stop that, henceforth, if so. That said... "any claim, though I cant see why this mbna is not concluded, so why the confusion....." confuses me as I cannot contextualise your reference and thought I had intimated I am concluding the MBNA claim and no longer pursuing my SAR request, following your help in that query.   I am simply wondering if your last reply refers to this (MBNA SAR) thread or my more recent (general PPI enquiry) thread, is all.   Apologies if I am not helping myself through helping you, in this. I am trying as best I can, though. And am grateful for your help.
    • Ok great, thank you I will give that a go tomorrow will let you know how I get on.    C
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paulrockliffe

Rocky vs Egg

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Hello All,

 

Just thought I should start a thread for my impending battle with Egg. I've sent the my SAR, and had a response, but only the information about my card from 1st of July 2006 to present. Egg still have a week or so to supply me with the rest of the information, (my account goes back to 2000) but I have fired off the following via their secure messaging system today:

 

Dear Sir/Madam

 

Account Number: XXXX XXXX XXXX XXXX

I am in receipt of the documents that you have supplied in response to my Data Protection Act information request. Thank you for supplying details of my account from the 1st of July 2006 to the 19th of March 2007.

 

However, the disclosure of personal data is incomplete in that you have failed to provide a complete list of transactions and charges prior to the 1st of July 2006.

 

As such I am writing to inform you that you have not yet complied with your obligations under the Data Protection Act 1998, and also to remind you that under the terms of the Data Protection Act 1998 you only have 7 days remaining in which to supply me with the requested data in its entirety.

 

Failure to fully comply with my request will result in a formal complaint to the Information Commissioner and I will apply to the County Court for an order to enforce compliance, together with damages at the discretion of the court.

 

Yours faithfully

 

Paul Rockliffe

 

Hopefully that'll get a better response! Can you let me know if there's anything not quite right with my response and also what kind of hoops I'm likely to have to jump though on the way to getting my information and my money back?

 

Cheers.

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It looks fine to me - make sure you save a copy that proves the date it was sent. I think you'll have to go to the wire with Egg, i.e. begin court proceedings, etc etc. Best of luck.


Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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No reply received, now more than a week after my last message. I've sent the following to Egg:

 

Dear Sir/Madam,

 

The following is a Secure Message that I sent to you over a week ago now. I haven't received a response to either this message, or a satisfactory response to my Subject Access Request and, as such, you are now in breach of the Data Protection Act. I'm sure you are aware how serious a matter this is.

 

I urge you to provide me with the information that has been requested, three times now, within the next seven days, otherwise I will have no option but to force disclosure through the courts.

 

Regards

 

Paul Rockliffe.

 

Comments?

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did you post them a letter or only send a seure message?

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Secure message only. I was under the impression that I didn't need to write to them as the secure message system works just as well?

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Looks like you're getting the same runaround as I am! See my thread http://www.consumeractiongroup.co.uk/forum/egg/66069-irishrose-egg.html

 

My last 'seven days or else' expired yesterday and I'll be going to my local court to file my DPA-Non compliance claim on Monday afternoon. I'm still deciding how much in the way of damages to claim!

 

Your letter looks fine to me. Best get yourself ready to claim for non-compliance as soon as the seven days are up.

 

Good luck

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Yeah, your thread looks quite similar. The only difference is I still owe Egg a lot of money, so fdon't want to start my caim for charges for a couple of months. Nothing I've sent them has intimated that I want to claim charges from them, just that I want my data.

 

I'm prepared to be patient as I don't want to use the data for a while, but they're ****ing me off now! What's the outline proceedure for forcing compliance and is it going to cost me money?

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Have just received the following:

 

Dear Paul

 

I'm sorry for any inconvenience caused to you.

 

I've spoken to the relevant department who have dealt with your request. As a new account number was generated due to your previous card being blocked on 12th July 2006 your request for a list of charges and transactions were supplied for your present Egg Card account.

 

I can assure you that a list of charges and transactions for your previous Egg Card account have now been printed and are being posted by 1st class today being 12th April 2007.

 

Regards

 

Sarah Williams

Internet Customer Services

 

Has anyone else had the run around because they had lost a card in the past? You have to admire their incompetence/ingenuity really!

 

Hopefully the rest of my info will be here shortly.........

 

PS - Sarah, today is the 13th of April!

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Right, time to get properly back on the case. I've sent my preliminary letter, but had nothing back other than a 'We're received your complaint' letter.

 

So..... I've been looking for a credit card LBA and am struggling to find one, can someone point me in the right direction, or do I adapt the Bank one?

 

Cheers!

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I've had Egg's response; they have dismissed my claim and I now have six months to take my complaint to the Financial Ombudsman Service apparently. Yeah right.

 

So yeah, rock on, LBA on the way.

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Not updated this thread in ages, but Egg capitulated today, just under £1000 refunded.

 

Interestingly, I claimed interest at 16.9% on my charges, simply based on the date of the charge. This wasn't quite right as I hadn't paid interest on the charges during periods when the account balance was zero. I couldn't do this as a number of charges on my account didn't have values assigned to them, so I couldn't calculate my balance each month.

 

Egg have calculated the interest properly for me and then refunded that too. Very good of them.

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I think that's fair enough - after all, they have been lending your money our at 16/9% whilst they had it - see my interest tutorial on restitution


Steven

 

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 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

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Well done! Did you have to start proceedings?


Natwest - DPA sent / prelim sent http://www.consumeractiongroup.co.uk/forum/natwest-bank/75363-bump-crapwest.html#post656651

Barclaycard - DPA sent

MSDW - DPA sent

GE Capital - Prelim sent http://www.consumeractiongroup.co.uk/forum/store-cards/72853-mr-bump-frasercard.html#post629618

RBS bank - DPA sent

RBS card - DPA sent

Student Loans Co - pending

Egg - DPA pending http://www.consumeractiongroup.co.uk/forum/egg/79992-bump-humpty-dumpty.html#post707138

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