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DPA Compensation levels?


djdave
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As you may know from reading some of my previous posts, I am in dispute with Ashbourne Management Services over a gym membership, which I legitimately cancelled after a long spell in hospital backed up by a doctor's letter saying I was medically incapable of using their client's gym.

 

This was back in 2005, since when they've been constantly sending the same old "You must pay us £285 immediately or else" letters, despite me replying to every single one re-stating my case.

 

Then in November 2006 I wrote to them saying, in effect, if you genuinely believe there's a debt then take me to court, otherwise leave me alone. It worked! Result!

 

Erm, no. I recently discovered that they'd recorded a Default on my credit file, which naturally I want remove.

 

I wrote to them requesting this, followed by a Statutory Notice to stop processing my data on the grounds that

 

- they had no consent to process my data as the agreement was cancelled, and in any case I was now withdrawing consent

 

- the data was in any case inaccurate and not up to date

 

- sharing this incorrect data was likely to cause damage and / or distress

 

I requested that they contact all persons and organisations to whom they had disclosed this incorrect data and withdraw it, then to stop processing my data.

 

I heard nothing, so wrote to remind them of their obligations to comply or to inform me why they would not comply. Again, nothing.

 

Now I've got the ICO investigating them, and if necessary will go to Court to force them to comply.

 

This incorrect and unjustified default (along with a seperate inaccurate one from our good friends at Cabot!) has stopped me changing mobile phone providers, stopped me getting a new telly when ours died, and caused me to spend a lot of time trying to resolve.

 

Now, to the matter in hand. Section 13 of the DPA allows a claim for compensation, but nowhere in the ICO guidelines does it say what an acceptable sum would be. I've had a search for similar cases but drawn a blank.

 

My priority is getting the default removed, if I can achieve that I'll be satisfied. But given the amount of grief and hassle they've caused me over the last two years I feel quite justified in going after them for some compensation.

 

Can anybody point me in the direction of similar cases, or offer some guidance what I should be asking for?

 

Many thanks

Dave

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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