Coldfish maybe? **WON**

[mrsfoot]

I am currently waiting to hear from the court for a date to attend a hearing in order to get my statements. Long story and it goes something like this:

Jan: Sent DPA SAR with £10 to Glasgow

Feb: Got a form asking for a "valid DPA SAR" meaning they wanted me to fill a form and send ID to them. This was done and returned to Glasgow office the following day via recorded delivery and inc driving licence. Recieved a statement with the £10 being "gratefully received" in writing.

May: Still no statements and no driving licence (DL) back (they wanted original) Sent DPA LBA to Glasgow

July: Still nothing so sent them another LBA giving them 14 days. Was on holiday so this deadline was stretched a little.

October: Still nothing. Sent another LBA to glasgow. Nothing.

Nov: File in court and used registered office of morgan stanley. (M/S) POC includes damages

Nov: M/S file defence saying they do not admit to any of the claim saying I am not a client of thiers even though the account is still live and their address is on my statements. They do however accept they "received the claimants DL however they are unable to locate it at present"

Now: Waiting for court date.

 

Couple questions:

1. Has anyone else been through this process with them already?

 

2. Should I have used Lloyds TSB as they used to own it or was I right in naming M/S as my account is still current? I am unsure as to when I opened the account as they havent sent anything to do with my request and memory not what it used to be!

 

3. I sent my DL to Glasgow and yet MS London are aware they received the DL so surely they know i was a DPA SAR and it is up to them to ensure the request is complied with or have I got it wrong and MS are in fact not who I should have named as the rgistered business name and address?

 

Hope someone can give me a few directions.

 

Thanks

[mrsfoot]

I am in process of claiming against them for non compliance. I am hoping there has been a few members who have also haad to go down the route of court procedure in order to get their statements.

 

If so please can you PM me your details...case number, court name and address, outcome. I want to go to court to show them just what this company try to do in order not to comply.

 

Thanks

Mrsfoot xx

[surprise]

I didn't go to court I reported them to the ICO and they contacted them. What they did actually beggars belief. I received 25 statements in separate envelops in one day, and a further 10 the following day. I then received the full SAR in one envelop well outside the 40 days, they tried to say that they hadn't received it on the date I'd stated, although I had proof that they had.

[steven4064]

I am a little behind you. I posted the correct contact info on my own thread in response to your question there. You should have claimed against Glodfish Bank Limited not Morgan Stanley.

 

On another point, we will be able to help you better if youstick to a single thread. I will ask a mod to combine your threads.

[mrsfoot]

Very very strange update.

 

Had notice of issue from court and have then received a defence from Morgan Stanley (see above post) but know I have read them carefully I have noticed the paperwork they have sent has been changed to Goldfish ltd (their defence and notice of defence filed from court)

 

So do I now need to send a change letter into the court or shall I leave it as the court paperwork has corrected my mistake?

[steven4064]

Has all the paperwork been changed? It might be worth phoning the court and telling them what has happened and ask their advice. I have found the court staff here very helpful.

[mrsfoot]

Further update

 

Court have sent AQ to be completed for the DPA SAR hearing. G/F are saying they did not have the account and therefore have no account details and we should claim from TSB. BUT they have not returned driving licence or made any communication saying they are not responsible and have kept the original £10.

 

Any ideas on what to put on the AQ? Or should I pull out of the claim even though they lost the driving licence and kept the DPA money giving the impression they were responsible for this account?

 

AQ dated for end of week so advice needed asap please

[steven4064]

As I have ponted out elsewhere, the fact that TSB own GF is irrelevant. GF are a separate company and they are responsible for their own DPA compliance and the data they keep (or don't keep).

 

I think there is a DPA AQ in the templates library, somewhere.

[mrsfoot]

Steven, once again thank you for your quick response. I have an excruciating back problem and am little brain fuddled so can I ask 2 more questions which you may have already answered but I am having a struggle to digest the info.

 

1. If my goldfish account was opened by TSB and closed before morgan stanley took over who would be responsible for giving me the info on that account? would it be TSB or morgan stanley?

 

2. Cannot find the AQ for DPA non compliance...have you got a link?

 

Thanks again, you have really been helpful. If you have already got info on this question please do not type it again just give the link and ill do the reading up on it.

[steven4064]

Hi Mrsfoot

 

1) Goldfish are responsible - TSB and MS are both irrelevant

 

2) Sorry, senior moment. There is no AQ template for Data Protection Act. I'll have alook later and see what needs to go in the AQ - have you been sent a N149 or a N150?

 

Who do you have as the defendant on the claim? (GF, TSB or MS?) From post #5 it seems that the defence has been submitted by Goldfish. If you have TSB or MS as the defendant, then there is a problem. As I have pointed out above, they are both irrelevant. I think you should phone the court and clarify that, as far as they (the court) are concerned, Goildfish is the defendant.

[mrsfoot]

Steven, once again thank you.

 

I put MS as the defendant as the court needed the registered address in UK and this is what was on all their correspondance to me. I shall put a letter the court and ensure that all correpsondance is named as GF. Although the defence / court notices and AQ have GF on as defendants anyway.

 

The AQ info will be gratefully received.

 

Thank you again

[steven4064]

Mrsfoot

 

The AQ can be filled in pretty much as for any other case. Guidance can be found here. THe only difference is that you would not put the draft directions in under part G as they are only relevant to a charges claim. The purpose of the AQ is to decide on which reack to allocate the claim. All you really need is to say you want it allocated to the small claims track.

[mrsfoot]

Hi Steven

I have the standard form 149. I have also been offered free mediation instead of full hearing which I am going to request as I want to be able to say I have tried all aspects to get the information as requested.

 

Thanks again. As you can see I have been a member for a long time and have helped with many cases but memory not as good as it should be and so its nice to have someone to soak up advice from so thanks again!

[steven4064]

Always glad to be of help

[mrsfoot]

Can a mod change title to ***WON***

 

Won case! Will post more details later in week but as a brief it went to court bundle stage. Spent Wednesday arguing the settlement figure.

 

I have a great AQ for Non compliance if that is any use to anyone.

[steven4064]

CONGRATULATIONS mrsfoot.

 

For information, what have you won? (or do we have to wait until later in the week )