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  1. I was wondering if anyone could assist me with a Data Protection Act claim template which I am planning to issue against 1st Credit. The brief history of this matter is:- Back in 2007 these people sent me a demand for over £6,000 which they claimed related to a debt going back to 2000, I wasn’t resident in the country in 2000 so I suspected identity theft and asked them to provide proof of the debt, which they never did. 1st Credit said that they were acting for Robinson Way & Co Ltd and that they would provide the proof of debt, which they never did. I suggested that the debt was in any event statute barred and requested dates of when I had been contacted regarding the debt and received no reply. I contacted Robinson Way & Co directly who told me that they had purchased the debt from HFC Bank but would now return it to them. During all this 1st Credit were phoning me up to 3 times each day! Over 160 telephone calls later I issued harassment proceedings against HFC, Robinson Way, 1st Credit and the individuals which I believed were responsible. Before the case got to court Robinson Way admitted they were responsible for the debt and agreed to stop the harassment, as I was up against an army of lawyers and really only wanted to see an end to the matter I accepted an undertaking from Robinson Way that they would stop and that I did not owe the money. I did send a Section 10 notice to both RW and 1st Credit after the settlement. A round one year later the phone calls started again and as part of the previous problem had been proving the calls I asked them to back up their demands in writing and sure enough a letter arrived from 1st Credit acting on behalf of Robinson Way, threatening to take me to court. (This was after the date of 1st Credit’s OFT undertaking). I completely lost it and marched down to the county court and (quite wrongly as it turned out) issued proceedings against RW for breach of contract and harassment. The RW defence was 1st Credit were acting on their own and without the knowledge or consent of the Creditor. RW won but 1st Credit had admitted that they were acting and had no instruction or authority to do so. Not wishing to be on the losing side again and knowing that 1st Credit are something of a wounded animal I asked the ICO for an assessment, which has now been returned in my favour. 1st Credit are saying that they admit no liability and don't accept the ICO's desision. In addition to a claim under the Data Protection Act I would also like to know if I can ask the court to decide if 1st Credit were acting in breach of their OFT undertaking, although I realise that this wouldn’t benefit me directly, any such decision would be in the public interest.
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