Taken Legal Action under the DPA

[Seminole]

I popped along to Clerkenwell couty court today to begin an action under Section 7 of the DPA.

 

Abbey have partially complied with my subject access request. I had a 4 inch pile of documents from them but they contrived to exclude any details of charges.

 

I used an N1 claim form to do this and particulars of claim that alanfromdeby has drafted (and should be published as a template in due couse). The claim is for an order for disclosure under the Act but not a claim for money. It may actually be easier for others to somehow make it a cliaim for money (even for the price of a stamp).

 

Clerkenwell didn't have a clue how to deal with a claim under the DPA. They initially said this looked as if it should be treated as a a claim for "pre-action disclosure". Then they suggested that because it wasn't a claim for money it should be made under Part 8 which ISN'T a small claims track. Eventually I had to insist on them accepting it on the N1 and paid the minimum fee (£30). This should be OK as the Information Commissioner's leaflet on the subject says that Section should be small claims.

 

I think that this one is going to be fun.

 

(Also posted in the Abbey forum)

[bram stoker]

Crikey - good luck. You appear extremely well read up on a lot of this, Seminole. It's admirable.

[deemacperth]

I'll be keeping a close eye on this as I think I might need to do this myself with Goldfish.

[Spiceskull]

Now that my main claim is settled, I also am going to follow up on the threats I made previously. A claim for non-compliance is first on my list. Like you, I received transaction history but no notes or details as requested, or confirmation that such notes didn't exist.

 

I will also follow this, and will share your enjoyment as well. Good luck.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[deemacperth]

Spice, what can you expect to acheive from this? Have you already received your charges back from the account that never complied?

 

If so, are you going to pursue damages for non compliance?

[Spiceskull]

Not sure - I am going to watch what Seminole does, and what angles he takes before deciding what I am actually going to claim for. After all, it could be asked what the claim is actually for if not for money, hence the hurdles he faced when trying to raise it. Like I say, I will watch, and follow.

 

See the steps I took to get my bank charges back.

Spiceskull v HSBC.

Thank you Consumer Action Group.

Read my blog.

 

[Seminole]

The claim is for disclosure. If you go to the IC site you will find a leaflet which explains how you can enforce your legal rights under the DPA through the courts. All that I am asking for is that Abbey are compelled to obey the law.

 

I will be writing to Abbey today to tell them that I have taken this action and giving them notice of my intended claim for the return of charges. I will explain to them that in the absence of the information requested under the DPA, I will have to make an estimated claim and that I will do so in a couple of weeks. My original plan was to do the two things together but I now think that it is easier to separate them by a short period.

 

Here's the IC leaflet:

http://www.ico.gov.uk/documentUploads/8%20Data%20Protection%20Act%20Taking%20A%20Case%20To%20Court.pdf

[pixxy]

Hi there,

 

Is there any chance you could tell us what they failed to provide? And perhaps post or PM your particulars of a claim?

 

I'm thinking of trying this one on myself.

[alanfromderby]

New templates are in the Bank Template Library.

[Seminole]

Hi there,

 

Is there any chance you could tell us what they failed to provide? And perhaps post or PM your particulars of a claim?

 

I'm thinking of trying this one on myself.

 

Essentially they failed to provide any statements or schedules showing charges on my current account. They sent me everything else. It beggars belief that they could so blatantly flaunt the requirements of the Act.

[Seminole]

This topic was closed on 10 March 2019.

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