can you help me take next to court

[nannamoon1]

Brief outline of the case:

 

Intrum Justitia brought bought the debt of off next 14 years ago.

 

Geoffrey Parkey Bourne are the in house Solicitors whom I have been paying every month for 14 years, however to my amazement GPB claim that Next took me to court...GPB cannot prove this in any shape or form, I have SAR GPB & IJ over the months to try and establish if there was in fact a CCJ as I cannot recall this.

 

I phoned Next a few months ago to be told that they have never taken me to court and that they have never received any of my payments. (this gave me the impression that next sold the debt)

 

GPB insist that Next took me to court, so after many months I decided to send a SAR to Next which they have chosen to Ignore, however I sent a LBA which is due to expire on Monday.

 

A few questions:

 

I want to take next to court for non compliance of SAR is this a worth while cause? can I claim for damages say £100 plus costs?

 

Will a court order Next to comply or will it get thrown out?

 

I do not want to go to the ICO as it takes months and months to get to get allocated a case office.

 

Next cashed the cheque after a couple of days of receiving the SAR.

[phill123]

have you checked your credit reference as if you have a CCJ then it will appear on it ? if you have one it may be possible to put the CCj on a side.

[phill123]

ps probalby the DCA lie to you in order for you to pay the debt if i was you check with experian to see if you effectively a CCJ, if it doesn't show then i suspect that you don't have one

if they have not comply with your SAR then contact the information commisioner. send them as well a CCA request. as they have too to comply this is the law . good luck .

[nannamoon1]

Phil,

 

The CCJ would not appear on my credit file in any case as this was 14 years ago.

 

I want Next to comply with my SAR then I can prove that GPB are actually lying as they say next took me to court, and as said I have spoken to next and they claim they have never taken me to court.

 

I have to get the DATA from Next to prove this, although they have chosen not to respond to letters ans now the SAR thats why I am asking about non compliance of SAR and going to court.

[phill123]

first ring the information commisioner secondly there is a template particlaur of claim about non compliance for an SAR in the unlawfull bank charge forum for Natwest, we might need to tweak it a bit but i think that well do unless someone lese can correct me . i hope this help

[nannamoon1]

I am not going to bother with the Information commissioner , they take too long, I have a Bank fraud case with them and I am still waiting for a case officer to be allocated, I have been waiting since February...

 

I want to pursue this this non compliance through the courts, I need next to comply to prove to GPB there was never a CCJ in the first place.

 

I have not paid GPB since February in any case & I do not intend to pay them anymore...Just if I can prove there was never a CCJ then GPB will be in big trouble...

[diskmandave]

Apologies for stating the obvious...

 

If you're looking for a CCJ entry (or lack of), phone the Court and ask!!

 

Or is that too easy..??!

 

Good luck, Dave..

[PriorityOne]

I think Nanna just wants to take Next to court for non-compliance of the S.A.R - (Subject Access Request)... and not bother going through the Information Commissioners Office.

 

Not had to do this myself (yet).... is it an N1 ?

[phill123]

this might cheer you up http://www.consumeractiongroup.co.uk/forum/natwest-bank/67779-data-protection-act-r.html#post582418

[Curlyben]

Now as GPB as "solicitors" I think a report to the Law Society for their deceptive and under hand tactics would be in order, as well as one to the FOS as well.

Time to hit them where it hurts.

[nannamoon1]

Now as GPB as "solicitors" I think a report to the Law Society for their deceptive and under hand tactics would be in order, as well as one to the FOS as well.

Time to hit them where it hurts.

 

This saga has been going on since February would you believe it, have been paying this debt for 14 years, originally sent a CCA request to be told there was a CCJ issued in 1993, however on asking GPB to provide evidence of this so called CCJ they fail to come up with anything...

 

Thats when I rang Next the original creditor whom told me that they have never taken me to court and they have never received any of the payments, hence the reason I have sent a S.A.R - (Subject Access Request) to Next as GPB keep informing me that Next took me to court back in 1993 for the debt.

 

I initially wrote to next to ask them to confirm what they had said on the phone, of course they ignored my letter. I then sent the S.A.R - (Subject Access Request) and they have cashed the cheque (cheeky) but have not sent anything.

 

So I want to take them to court for non compliance of SAR but wanted to know if it is a worth while cause or will it get struck out....

 

Can I claim for damages, I would only claim a nominal amount, but I would feel so satisfied if Next had to send me a cheque...

 

I need proof that next did not issue the CCJ, then I will take GPB to the cleaners....watch this space...I am not scared GPB have had 14 years of my money.......

 

Just to let you all know I have been to the court, and got the court registers, but as this supposidly CCJ was 14 years ago neither have retained records that far back...

[PriorityOne]

As I see it.... you have a choice with the SAR, Nanna.

 

Either go through the ICO for non-compliance... or obtain a Court Order to force Next to comply. If you get a Court Order and they still don't comply, they would then be in contempt of court. All of this is unlikely to address the subject of compensation though.... it will merely force them to cough up all info. that they hold on you.

 

Have you made an official Complaint to Next ?... asking for their Complaints Procedure ? If not, it may be worth writing one now... giving them the necessary time to deal with it and if/when they fail to do so.... send the while lot over to the FOS.

[Curlyben]

I have a nasty feeling that as the debt is so old, Next will simply say that all information has been destroyed.

I'd be more inclined to go with P1's idea here in regards Next. Certainly send them a SAR non-compliance letter and demand their complaints procedure and go from there. (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html)

Hey if they ignore you again take it straight to the ICO and FOS for action.

 

Now with GPB, I'd SAR them and consider a serious complaint to the Law Society for their "lies" and total misinformation.

 

Of course if you do want to take Next to court there is a SAR non-compliance POC available here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

Of course you'll have to file this on an N1 as it's quite involved.

As to compensation, I'm not sure you can claim any from Next for this, but you should have a good case against GPB. Deception for starters looks good.