1st Credit Claimform - OHs Halifax OD - want to defend mostly penalty charges

[superstarjan]

Is it true though that a DN doesn't have to be produced or that they don't have to bother replying to the SAR if they don't want to?

 

If it's true, I have very little defense.

[Andyorch]

There is no requirement to keep hard copies of default notices...as this is an overdraft its not really a default notice anyway but Notice of recall /termination.

 

If there is no response to a DSAR then you can report them to the ICO who will investigate and apply a penalty

 

Page 54 point 11 below

 

https://ico.org.uk/media/for-organisations/documents/1065/subject-access-code-of-practice.pdf

 

Enforcement by court order

 

If a creditor fails to comply with a subject access request (SAR), the requester may apply for a court order requiring you to comply. It is

a matter for the court to decide, in each particular case, whether to make such an order.

 

The courts have indicated that, where other legal proceedingsare contemplated or in progress, they may be reluctant to allow

individuals to use the right of subject access as a means of accessing information in connection with those proceedings where

disclosure should more appropriately be dealt with under the CivilProcedure Rules.

 

The courts may even regard an application foran order under the DPA as an ‘abuse of process’ if the application

would not have been made but for the desire to access information to be used in other legal proceedings.

 

Nevertheless, whether or not a court would be likely to grant an enforcement order has no bearing on the legal duty to comply with

a SAR. A creditor may only refuse to comply if a relevant exemption under the DPA applies in the particular circumstances of the request.

 

Awards of compensation

 

If an individual suffers damage because a creditor has breached the DPA – including, of course, by failing to comply with a SAR – they

are entitled to claim compensation from. This right can only be enforced through the courts.

 

The DPA allows the creditor to defend a claim for compensation on the basis that they took all reasonable care in

the circumstances to avoid the breach, but it is likely to be difficult to establish this defence where you have failed to respond to a SAR

within the prescribed time limit, or where they have not provided the requester with all the information to which they are entitled.

 

Regards

 

Andy

[downsouth]

Jan - my advice - ring em up and settle.

 

I'll update my thread shortly

[superstarjan]

Does anybody have a link to The Office of Fair Trading v Abbey National PLC and others (2009) ?

[Ford]

googly it, it'll come up re bailii

[superstarjan]

Thank you very much

[superstarjan]

We have received the SAR from 1st credit.

 

 

Although there is still only a copy of somebody else's default notice., no t&c's or facility arrangement in it.

 

Andyorch, do you think we should just offer to settle, or in you opinion, is it worth continuing with this?

[Andyorch]

Only you can decide that Jan...you know your case ..strengths and weaknesses and how the judge has responded so far.