Shop Direct Charges REclaim

[havinastella]

Sorry Kirstyo, I have overlooked this thread.

 

Firstly, under a full DSAR request, copy statements are excluded. They do have to issue you a list of charges though.

 

Apart from the copy statements, are you missing anything else, THAT you can 100% prove should have been sent to you, that you have not received?

 

An example would be a default notice, phone records etc etc.

 

If you can 100% prove you are missing parts of the DSAR, stop messing about with the ICO and sue them. You should find everything you need in this thread where I sued Lloyds for non compliance.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?49571-Havinastella-V-Lloyds-TSB

[kirstyo]

I have none of that,

no default notice,

no notice of the debt being sold to capquest,

no letters either I sent or they sent,

no records of phone calls and

no list of charges

 

 

although there are some random bits that have individual charges listed on them in code form

but there is no actual list or anything in an easy to decipher format.

 

 

Literally all I got were screen shots with info like my balance, credit limit and lots of code. I will try and see if the other half has better luck with the scanner, he tends to be better at these things than me.

[havinastella]

I have none of that, no default notice, no notice of the debt being sold to capquest, no letters either I sent or they sent, no records of phone calls and no list of charges although there are some random bits that have individual charges listed on them in code form but there is no actual list or anything in an easy to decipher format. Literally all I got were screen shots with info like my balance, credit limit and lots of code. I will try and see if the other half has better luck with the scanner, he tends to be better at these things than me.

 

Good news, now what you need in your possession is one of these

 

If you can prove in court that you have a copy of x x x x x and they haven't sent x x x x you can really hurt these people. It's how far you want to poke the pig.

 

I love poking the pig.

[kirstyo]

the other half has changed the contrast (or something like that that I didn't really understand lol)

on the scanner so as soon as I drop him at work in about 15 mins I will give it another go

just so you get an idea of what I have been sent,

 

 

I wont put the whole thing up but will do a few pages.

 

 

I will also go through and list exactly what is there and what isn't that I think should be.

 

 

I am happy to go as far as I have to, as long as I have the info I need to do it,

 

 

I know this forum will help me through it, you are all such great people.

[Ford]

............

 

Firstly, under a full DSAR request, copy statements are excluded. ........

 

 

i've always had bank statements re a sar

 

and, the ico technical guidance says bank statements are personal data; quote p10

 

'There are many examples of records which will clearly be personal data where the information in question is not ‘obviously about’ an individual but is about their activities.

 

Example

 

Data such as personal bank statements or itemised telephone bills will be personal data about the individual operating the account or contracting for telephone services.'

 

 

wld've thought cat. statements wld be the same?

[kirstyo]

I got copy statements when I did a sar for my credit card and my mobile phone, I always thought they were supposed to be included. I am off to fight with the scanner just now - wish me luck!

[Ford]

cant see why catalogue credit statements wld be any different?

[kirstyo]

ok I really hope this uploads, had loads of bother converting it to pdf but the good news is the other half has clearly fixed the scanner because its readable now (I hope).

 

 

The first page is the letter that arrived with the SAR clearly saying there was an explanation of any codes etc used which there wasn't (I do have this now though) The page with the black back ground I have 4 of these, none of which have any screen notes other than the bit about requesting the SAR. I have 8 of the white pages, which is what they consider statements and that's it.

 

 

No default notice (although there is a note saying default sent next to one of the codes somewhere but no actual letter like they would have sent me)

 

 

No letters at all either from them to me or from me to them even although they admit to charging me for letters they sent.

 

 

No screen notes of phone calls etc and no recordings either (I know some people have had recordings in response to a SAR although I didn't expect them, I did expect there to be screen notes)

[Ford]

for reference

 

http://ico.org.uk/for_organisations/data_protection/the_guide/~/media/documents/library/Data_Protection/Detailed_specialist_guides/PERSONAL_DATA_FLOWCHART_V1_WITH_PREFACE001.ashx

[kirstyo]

Just had capquest on the phone, they call every month.

 

 

I know not to speak to a DCA on the phone but made an exception in this case

because the call literally consists of

 

 

'hi its so and so from capquest just calling to see if you have resolved your dispute with shop direct?'

 

 

me: 'no dispute still ongoing'

 

 

them: ok I will put your account on hold for another 30 days'

 

 

Only this time the guy told me that shop direct have told them that the dispute is resolved

and they are to collect the balance (less than the charges I am claiming back)

 

 

I told him as far as I was concerned the dispute was not resolved and

he held my account yet again.

 

 

I get the feeling I really need to get another letter off to littlewoods asap

but I don't know what to send since now I effectively have two complaints,

 

 

one about the charges and

 

 

the other about the failed sar

 

 

which I have sent three follow up letters about already.

 

 

Anyone have a few ideas of what I can say to them?

 

 

I am now more than willing to take this to court if I have to,

I had originally wanted to avoid it if possible but the capquest guy just told me that this is the 15th month

my account has been held due to dispute so I think its went on long enough now.

[Ford]

will the things that are 'missing' help your overall case?

[kirstyo]

They would possibly help me prove that I tried to sort the situation out and all they did was add extra charges, but other than that I guess it wouldn't help much.

[Ford]

do you have proof of those charges otherwise?

[kirstyo]

I have a statement of account that shows a total amount of charges of £180 but no breakdown of how they occurred. some of the stuff I got from the sar has charges on it as well so I have proof the charges were applied to the account but not what they were for.

[Ford]

cld then proceed with that, including sar failure.

see what ims etc say

[SabreSheep]

I would imagine that you could use the SAR to show that "Unlawful charges" were applied and put it to the defendant to justify the charges

[ims21]

The reclaimable charges would more than likely be uniform and round amounts i.e. £12, £15, 20 etc.

 

Any chance you can post up one of your statements minus all personal identifiers? The link in my signature will take you to upload instructions.

[kirstyo]

I did that in my original claim letter and they replied saying that they are entitled to charge me,

 

 

the charges are all for late payments and alleged letters they sent me (I don't necessarily deny they sent me letters,

but theres none in the sar so how am I supposed to know what they charged me for)

 

 

The account was only active for a few months and that seems like a lot of charges to me,

 

 

they also have never explained the difference between the two balances

other than saying I must have ordered something when I was over my limit?

 

 

I am willing to let that part drop though because the charges would be enough to clear the account and that's really all I want now.

[ims21]

Of course they will say they are entitled to charge you.

 

Can you post up one of the items from your SAR which mentions charges please?

 

If you haven't received copy statements or a transaction history then they have failed to comply with your SAR.

[kirstyo]

The reclaimable charges would more than likely be uniform and round amounts i.e. £12, £15, 20 etc.

 

Any chance you can post up one of your statements minus all personal identifiers? The link in my signature will take you to upload instructions.

 

 

 

That's what I posted already, that's all I got. I have gone through and highlighted all the charges on the 8 white pages, it doesn't quite amount to the total though so I am guessing theres information missing, or perhaps I have miscounted. I will go through and check that I haven't missed any just now and count it up again.

[ims21]

That's what I posted already, that's all I got. I have gone through and highlighted all the charges on the 8 white pages, it doesn't quite amount to the total though so I am guessing theres information missing, or perhaps I have miscounted. I will go through and check that I haven't missed any just now and count it up again.

 

Apologies...I'll have a look back through the thread in a mo.

[kirstyo]

Of course they will say they are entitled to charge you.

 

Can you post up one of the items from your SAR which mentions charges please?

 

If you haven't received copy statements or a transaction history then they have failed to comply with your SAR.

 

 

Nothing mentions charges, its all like I uploaded already that's all I got. I did get the code for a charge eventually and was able to find most of them that way. They have failed the sar, there is little doubt in my mind of that, but I cant seem to get anyone else to agree with me. They say they have sent everything and the ico just kept telling me to write to them over and over again and give them more time.

[SabreSheep]

Instead of asking for statements, have you instead asked for a "Transaction List"

[ims21]

kirstyo

 

dx asked you back in September to post us some stuff from the SAR and as far as I can see nothing has appeared n this thread.

 

We need to see a few of these transaction histories please so can you scan them up?

 

Even if they are white on black background please give it a go.

[kirstyo]

Not specifically no, but in my sar I asked for all data they hold on me so I assumed a transaction list/copy statements should have been included, they say that what they sent me counts as a list of transactions but I honestly don't think it does, its certainly not easy to decipher anyway!