Drew V Halifax

[overflow]

You havin another blonde moment ? LOL

 

What have you added?

[**Tilly**]

post 67 i think it is overflow

[andyford2000]

4) You have failed to provide a copy of your terms and conditions that were in place when I opened my accounts with the Halifax

 

 

[andyford2000]

yep blonde lol

[overflow]

Hi Andy

 

That sounds fine to me.

 

Just incorporate it in the letter and send it rec delivery then sit back and wait for their response.

 

You never know when you might need the T&C's so its best to have them just in case.

 

Good Luck and Ill be watching with interest.

 

Regards

[andyford2000]

overflow, what would i do without you xx

[stonedecroze]

4) You have failed to provide a copy of your terms and conditions that were in place when I opened my accounts with the Halifax

 

 

 

IF you get T&Cs Andy, can you let Grant 123 have a copy, poor lads been ages trying to get old ones. thanks and good luck

[overflow]

Hi Andy

 

Thank you , you silver tongued devil you. LOL;)

[andyford2000]

Sorry Overflow, just being honest

 

S.A.R. - Subject Access Request Failure Letter Sent today 3/9/07

 

Information Commissioner's Office Notified of S.A.R Failure

[stonedecroze]

Sorry Overflow, just being honest

 

S.A.R. - Subject Access Request Failure Letter Sent today 3/9/07

 

Information Commissioner's Office Notified of S.A.R Failure

 

 

Did you Email ICO? I have found that they are very helpful and act pretty smartish. you can also talk to case adviser on phone when you get their reply. good luck and keep on going Andy

[overflow]

Hi Andy,

 

Sounds to me like your doing just great , but thank you anyhow. Keep going and any probs just yell.

 

Regards x

[andyford2000]

well there 7 days are comming closer and had no response from them, whats the next step

[**Tilly**]

hi andy if you havent recieved a reply within the seven days

then your next step is to take them to court as stated in your letter i hope this helps

Data Protection Act Non-Compliance - Particulars of claim

[overflow]

HI Andy

 

Hope you get a good result soon.

Sound advice off Tilly as always.

Good Luck

Regards

[sea-sidelady]

File your N1

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

With the POC from Tilly, If you are on certain benefits you will be exempt, if not it can cost around £63, but you do claim this back.

[andyford2000]

I have just phoned the halifax to ask when my accounts where infact opened and the say one was opened may 1998 and the other november 1995

 

anyway, need a little help with the red section of POC for non-compliance

 

PARTICULARS OF CLAIM

 

 

1. The Defendant is a Data Controller within the meaning of the Data Protection Act and is responsible for the processing of data of which the Claimant is a Subject.

 

2. The Claimant has an account number 1234567890 ("the Accounts") with the Defendant which was opened on or around 19th May 1988, and also account number 0987654321 (“the Accounts") with the Defendant which was opened on or around 25th November 1995.

 

3. On 20th July 2007 the Claimant sent a Subject Access Request, pursuant to Section 7 of the Data Protection Act 1998 to the Defendant.

 

4. The Defendant has failed to comply.

 

5. By virtue of the Defendant's failure to comply with the Subject Access Request the Claimant has suffered damage (and distress).

 

6. The damage (and distress) caused is:

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and seeking legal advice, I estimate this cost to be £...........

 

Add any further things that can be clearly quantifiable, and to which you can provide proof.

 

Please be aware that claims for distress are only available where the distress is caused by the quantifiable damage. You would usually need professional evidence in support. If you are intending to go down this route it is vital you contact us before proceeding.

 

7. The Claimant seeks an order that the Defendant do comply with the Claimant's Subject Access Request

 

8. Under the terms of Section 15(2) of the Data Protection Act 1998, where the Defendant contests that information requested under the Claimant's Subject Access Request is not included within the scope of Section 7 of the Data Protection Act 1998, the Claimant requests that the Court inspects that information, and where it finds that the Defendant's opinion is unfounded, that it orders such information be included within the information supplied to the Claimant under the Subject Access Request.

 

9. Damages and costs within the discretion of the Court.

 

 

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

[dpick]

This is roughly what I used in my POC for S.A.R - (Subject Access Request) none compliance with MBNA they sent me all data and paid me 350 to stop case, they also said in defense witness statement that they had supplied all data they held on my account. Thats left them with an unenforceable agreement

 

 

Extra costs incurred in addition to court costs, due to the Defendants failure to comply - this includes the cost of additional correspondence and time spent preparing documents and researching information approx 6 hours a 9.50 an hour, I estimate this cost to be £nn.nn

 

or alternatively damages at the discretion of the court

and on N1 for value statement less than 1500

all the best dpick:)

[andyford2000]

Just had a little thought here,

 

Seeing as the Halifax have failed to provide my information under my SAR

and have not replied to my letter notifying that of the the breach. I am now having to insure a non compliance court order with county court, do you think this may help in my case in the event it is stayed, might i be able to get it dealt with on the grounds the bank have acted unreasonably in respect to my subject access request

[overflow]

Hi Andy,

 

I should think that it may go some way in your favour,

Have you found out if the court you are using is putting stays on claims. I think the way they have acted could definately be labeled as unreasonable without a doubt, does no harm to try going with this anyway.

 

Good Luck.

 

Regards

[stonedecroze]

That is one of my reasons on my application to have stay set aside as well Andy. will let you know how it works out.

[andyford2000]

please can someone tell me how to attach scanned documents to my threads

[**Tilly**]

hi andy have a look in this link scroll to bottom of page

"How do I...?" A Dummies' Guide to this Forum

[sea-sidelady]

Bookie has just added how to in the how to guide in my link.

[sea-sidelady]

Ooh snap Tills.

[**Tilly**]

great minds think alike ssl