URGENT: Data Protection Act 1998 Breach...

[«THÖMÅS®©™»]

Subject line "Letter Before Action" or something similar?

[«THÖMÅS®©™»]

Anyone?

[«THÖMÅS®©™»]

So I have been testing myself and I have managed to come up with a letter to send to BAS that I intend to send today. I would appreciate it if one of you could look at it and tell me if it looks good.

They both clearly think that they have got away with it, but not wit me.

One thing: is it a legal requirement to respond to an LBA?

Please look at the letter I have attached (redacted of course).

Thanks again.

[R0b]

Looks fine

Though your name still sits at the bottom of the letter, unredacted.

I'm surprised you still haven't sent the letter, it's been some two months since we last discussed.

[«THÖMÅS®©™»]

R0b, Thank you for your quick reply.

I am sure that you can understand that I want to get it right.

I have removed the letter from my post. Hopefully, it does not still sit on the server of this forum.

I have just sent the letter to the BAS chairman.

Next up, NAS which I will do later today.

If the BAS chairman has any sense, he will respond positively, or face being dragged through the courts.

[«THÖMÅS®©™»]

So I sent the letter by email on 6th March, but as expected, I received no reply.

I have therefore updated my letter accordingly and reattached it to this post, again redacted for review.

I would like to get to the post office tomorrow and send it to them, by recorded delivery, which I am presuming I can then use the delivery proof from Royal Mail's website in court as evidence that the letter was received? Please clarify this point.

This is one of 2, while I am completing the second, this one can be reviewed.

I await a speedy response.

Thanks again.

Amethyst

[charitynjw]

A free certificate of posting is also proof of sending.

[«THÖMÅS®©™»]

It would be better to get it recorded with a signature so I can prove it was handed to the defendant or someone at his address by the postman. Right?

[R0b]

Not sure why you feel the need to re-send the LBA, have I missed something? Issue a claim and then they will reply.

[«THÖMÅS®©™»]

The fact is that they might have blocked my email address, I would not put it past them...

So I want to give them another opportunity to resolve the matter before I go to court. I just hope that they see sense and realise that I am serious and not ignore me this time.

R0b, I will shortly be attaching the letter for the second of the societies, I hope you will be able to look at it before I send it tomorrow morning in the post.

[R0b]

If it is the same letter, I don't think there's any need to look at it just fire it off.

[«THÖMÅS®©™»]

It will be similar, but not identical. Did you look at the one I posted above, and if so, what are your thoughts?

Also, will I be able to get assistance in filling an N1 claim form in please?

[charitynjw]

It would be better to get it recorded with a signature so I can prove it was handed to the defendant or someone at his address by the postman. Right?

Not always.
Sometimes it can be proof of non delivery. (Some firms refuse them.)

[«THÖMÅS®©™»]

Surely, a court seeing the defendants signature on Royal Mail's website when it is delivered is proof is it not?

I am not sending these to a firm of any kind.

If they are refused, I can then file a court claim for the amount claimed, and they will be forced to reply then otherwise, in theory, I will win a judgement by default, won't I?

[charitynjw]

Surely, a court seeing the defendants signature on Royal Mail's website when it is delivered is proof is it not?

I am not sending these to a firm of any kind.

If they are refused, I can then file a court claim for the amount claimed, and they will be forced to reply then otherwise, in theory, I will win a judgement by default, won't I?

7 References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Interpretation Act 1978

https://www.legislation.gov.uk/ukpga/1978/30/section/7

So if it can be proven that service was not carried out, one could be shooting oneself in the foot by using 'signed for' mail.

Although

How service is effected by post, an alternative service provider or DX

3.1 Service by post, DX or other service which provides for delivery on the next business day is effected by –
(1) placing the document in a post box;
(2) leaving the document with or delivering the document to the relevant service provider; or
(3) having the document collected by the relevant service provider.
https://www.justice.gov.uk/courts/pr...pd_part06a#3.1