alanfromderby Alliance & Leicester update

[chrismc]

Sorry Alan just read your letter again above, you have already given them notice, so I guess the ball is back in your court, you have warned them, they have not given ygiven you a new date when they will comply with your request, they just say asap, how long is asap?? or are they expecting another 40 days to comply.

 

On one hand it shows weakness if you don't act, but on the other hand it is not worth rocking the boat for a few days or so, but how long will they take if you don't take action, however, remember this is your time table not theirs!

 

Chris

[Movingon]

In my view you have no indication of how long "as soon as possible" is, they have made no attempt to apologise or otherwise convey a sense of duty or urgency...

 

I would say shake them up a bit. Complain to the IC and issue a claim.

[caro]

Why not give them the same amount of time they give their customers to pay their charges? ie none

[alanfromderby]

Okay, I have now considered my response, and will be sending the following tomorrow:

 

I refer to your letter dated 8th June 2006

Whilst I have noted the comments you have made, I am disappointed that your letter contained no apology for the procedural errors by your staff which resulted in the loss of my original DSAR. I would also note that your letter contained no timescale for resolving the matter – despite my letter making it clear that I expected compliance by 12th June.

However, since you have indicated that my request is “now underway”; I am prepared to extend my deadline for compliance by seven days. Please be under no doubt, that should the data not arrive by Monday 19th June, an action will be commenced under section 7 and section 15(2) of the Data Protection Act 1998. I may also escalate the matter to a complaint to the FSA and the Information Commissioner.

I reiterate that no further extension will be granted under any circumstances, as the target I have set is perfectly reasonable for a large organisation such as yours.

 

 

I have to be careful not to fall foul of the County Court rules, and must therefore allow them time to rectify their "error".

 

They received my letter on 6th June, and I am allowing them to get the information to me by the 19th, that could not be seen as unreasonable.

[chrismc]

Good response Alan, yes I feel you have to give them another 7 days too unfortunately. It will always work in your favour if in the unlikely event it ends up going to court.

[Robertxc]

It's ok, I suppose. Says what it needs to. A bit flowery for my taste. Are you a hairdresser by any chance Alan?

[alanfromderby]

It's ok, I suppose. Says what it needs to. A bit flowery for my taste. Are you a hairdresser by any chance Alan?

 

Didn't ask for marks out of 100.....and no, are you?

[caro]

Oooh Robert and Alan. Handbags at dawn!!

[gordonhall]

now now girls...

[paulwlton]

Alan, are you still chasing this up as my claim is the same. I sent my lba off 14 days ago, so basicaly its action time, but i'm not sure now after reading you're thread, should i apply for a set aside with a N244 court form and go down that route or carry on with MCOL. any advice.

[Movingon]

How can you apply to set aside a judgement which hasn't been made yet because you haven't started the claim? Also, why would you ask for a Judgement in your favour, which you asked for, to be set aside?!

[paulwlton]

Judgement was entered against me in 1998, i am disputing it now on the basis that i have just found out through the recent oft report that it was made up with unlawful charges, i have been paying this debt on a monthly basis and i beleive ccjs are not time barred, that would be my reason for a set aside.

[Movingon]

In that case you can only have the judgement set aside if the court declares that your charges were unlawful... in my opinion.

[paulwlton]

So basicaly i have to convince the judge that the charges that are incorparated whitin this debt are unlawful. Well i have got very good arguments to back my claim up.

[alanfromderby]

I have not chased this up as yet, really I have not had the time to go through the DPA stuff from A&L. Once I have done that - probably after my holiday (so won't be until September), I will move this on.

 

In the end I think this will be a case of working out the amount of unlawful charges, then using that as leverage for a considerably reduced settlement figure.

[alanfromderby]

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