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Help! Defence re DPA non-compliance claim!!


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Hi

I am helping a friend reclaim charges from Abbey and it is proving to be an utter nightmare.

 

Summary:

26.02.07 Initial S.A.R - (Subject Access Request) sent

12 months individual statements and 3 years of microfiche statements received

10.04.07 LBA (Data Protection Act) sent

27.04.07 Complaint sent to Information Commissioners Office

30.04.07 N1 claim filed

10.05.07 Claim ‘deemed served’

10.05.07 Information Commissioners Office response received - our complaint will be sent in next ‘batch’ of complaints to Abbey at end May

29.05.07 Defence received from Abbey

20.06.07 Allocation questionnaire returned to Court

 

The defence states (in paragraph 4) that Abbey denies it has failed to comply with the SAR as “all relevant data stored on the live system has been provided to the claimant”. The defence goes on to describe pieces of microfiche and storage boxes concluding that the remaining information we have requested is not the type of ‘data’ covered by the Act and the boxes are not a “relevant filing system”.

 

Abbey’s defence look as though it is a standard one as in paragraph 14 it makes reference to the ‘Claimant’s claim for the refund of bank charges’ which we have not been able to even calculate yet!

 

I thought this defence had been thrown out months ago. I have looked long and hard through the threads for anyone in a similar position…but…

 

Is this case likely to go to Court?

What should we do in the meantime to prepare?

Has anyone else been in this situation recently?

 

Please help!!!

Halifax - £3533.02 reclaimed

MBNA1 - £150 reclaimed

 

First Direct - £330 reclaimed

MBNA2 (OH) – £275 reclaimed

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Hi

 

Welcome to the group!

 

I am no expert but will offer whatever help I can. I would say it is more likely NOT to go to court as the Shabbey seem to offer settlement once you have a court date. In many cases it does go to court but they have yet to appear in person, to the best of my knowledge.

 

What should you do in the meantime? - Read, read, and read all the help threads and as many other threads as you can. Everyone has something to offer as every case is different. It would also be good for you to follow the help thread about the court bundle and start preparing in case you need it.

 

Don't worry if it blows your head apart, I think it does most people but the more you read on here, the more it starts to make sence. Most importantly is, ask people if you are unsure they are a fantastic group of people and someone will always help. Oh and did I mention Read?

 

As for whether this defence has been thrown out, sorry I don't have a clue but someone will, so keep reading........did I mention that? and ask around.

 

Good luck with your case and hope you beat the bankers......should'nt that begin with a W.........hmmm.........english not my strong point.

 

Simon

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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Hi there

 

I am pretty new to this myself, and anything but an expert, but reading through your post, the interesting bit is the paragraph in the Defence:

 

QUOTE.......concluding that the remaining information we have requested is not the type of 'data' covered by the Act and the boxes are not a "relevant filing system." END QUOTE

 

Surely this argument has more holes in it than a dartboard!? That may be true (I doubt it) for data pre 1999, say, but they haven't even given you 6 years worth.

 

If that is the case, then how do they explain sending me data going back to January 2000??

 

My best suggestion would be to send a private message to a Moderator or Site Helper and ask them to have a look at the Defence and give you some guidance on what you may expect to happen.

 

Sorry I can't be of more help, but someone else will, I hope.

 

Wishing you the best of luck

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

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  • 2 weeks later...

HELP!!

 

I am bumping this up as we have a Court date - 25th July!!

 

It is for a short allocations hearing but do I need to prepare/bring anything?

 

There must be others that have been in this situation but I can't find them on this forum.

 

Please can anyone offer some advice? A tad terrified now!!!

 

Bubble

Halifax - £3533.02 reclaimed

MBNA1 - £150 reclaimed

 

First Direct - £330 reclaimed

MBNA2 (OH) – £275 reclaimed

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Hi Bubble

 

Sorry I didn't get back to you sooner.

 

I can't give you any advice - not at this stage yet, but if you have a look here, it might help:

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Sorry I can't be of more help :(

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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