URGENT: Data Protection Act 1998 Breach...

[«THÖMÅS®©™»]

I now have a set pair of documents, NAS one will be sent to both the societies address and the home address of the chairman, and the BAS one will be sent to the home address of the chairman. I have put them in an envelope and sealed them. I don't mean to be pushy, but I would like to get to the post office shortly to post them. I would appreciate it if you could look at these as a final review before sending so I can do it today.

I have redacted the letters, so I cant be done for breaching DPA myself.

R0b Amethyst pt2537

Appreciate your fast response.

Note, I am planning to leave at midday to post these letters, I would appreciate a reply by then. Thanks again.

[«THÖMÅS®©™»]

Given nobody has replied to me in the almost 2 hours I have waited, I am going to post my letters.

[R0b]

Unless the letters are substantially different from your original then I won't read them. Send them off and if the contents are disputed, then they will tell you.

[«THÖMÅS®©™»]

Sent them off about 40 minutes ago, 2nd class recorded.

I gave them 28 days to reply. Let's hope they do.

in the mean time, is there any assistance available to complete an N1 in preparation for the event that I don't receive a reply?

[charitynjw]

It is now Data Protection Act 2018/GDPR

http://www.legislation.gov.uk/ukpga/...ntents/enacted

[«THÖMÅS®©™»]

I know. However the incident where my data protection rights were breached were when the DPA 1998 was in force, before GDPR 2018.

[«THÖMÅS®©™»]

**UPDATE**

So today, Royal Mail tried to deliver all 3 letters.

One was delivered to NAS at thier society address, but the second, to the chairman's address was refused and is on it's way back here.

The third to the chairman of BAS at his KNOWN home address was delivered, but it was also refused. Odd, I must say. I am waiting for Royal Mail to get back to me with some clarification from the postman who delivered my letter to the BAS chairman.

In the meantime, is there any advice that all the fantastic members hear can give?

I have to wait until May 3rd for the NAS chairman to reply to me, but I am concerned about the letter I sent to his home address being refused, but I guess that is something I can use later because the letter sent to the NAS societies address was identical save the "TO" address on the letter.

I would however like some pointers on what I do next once the letter from BAS chairman is back here. Can I use the refusal in a court case because he would be in breach of practice directions 15 and 16 for failing to respond to an LBA?

It does appear that for at least one of the societies, I will have to begin court action, but I need to know where I stand at this stage...

Please advise.

Thanks again.

R0b, Amethyst, pt2537, 2222

[charitynjw]

**UPDATE**

So today, Royal Mail tried to deliver all 3 letters.

One was delivered to NAS at thier society address, but the second, to the chairman's address was refused and is on it's way back here.

Th third to the chairman of BAS at his KNOWN home address was delivered, but it was also refused. Odd, I must say. I am waiting for Royal Mail to get back to me with some clarification from the postman who delivered my letter to the BAS chairman.


R0b, Amethyst, pt2537, 2222

If you're certain of the addresses, resend 1st class post & get a free certificate of posting from the PO.
All you need is proof of sending, not proof of delivery.

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

[«THÖMÅS®©™»]

I prefer to send recorded because then I can prove delivery. It's something I do because I am like that. Cover myself kind of thing. I am sure you can appreciate this.

[R0b]

Charity has given you the alternative option but if you prefer to send recorded delivery only, then your next course of action is to issue a claim. If they try to argue that you never sent a letter before action then you will have to argue to the court that they refused to sign for the letter.

By sending first class and obtaining proof of postage this will be the next best thing as the onus then shifts to them to prove it was never received. Couple the proof of postage certificate with the proof that signed for was refused, then you have more evidence to weigh in your favour.

Did your email to them contain any reference that the LBA is also being sent by first class signed for? That could be an indicator for the refusal to sign for the letter in which case they would have on balance received your email. If you wanted to be certain, you could send a further email to them outlining that they have refused to sign for your LBA and you are therefore attaching it to the current email. If you didn't obtain a delivery receipt for the email then I suggest you do that this time.

To reiterate what I've said in earlier posts, you do not need to look for perfection. As long as you have made reasonable attempts to get your LBA across to these guys then that would in my view be sufficient to issue legal proceedings.

[«THÖMÅS®©™»]

R0b, thank you for your input.

I do indeed have proof of postage, in the form of a receipt from the Post Office and print outs of the Royal Mail website from the tracking numbers and what was under them.

I suspect that they were refused because I put my address on the back of the envelope as a "from/return address". This is probably why they refused it, knowing it was from me.

My previous emails did mention that if they failed to respond, that I would take the matter further. So I hinted at the fact that an LBA would follow, then court proceedings. I did previously send LBA's to both of them via email, but recieved no reply. This is why I posted them recorded signed for So I could prove that they were received in court should it progress that far.

I think it is possible that they know about this thread, and knew I had posted them on Friday. This might explain why there was somone at the NAS society address on a day they are not normally there.

The fact is that they have brought this on themselves, and I intend to take this to court. I don't think I will be able to without guidance from fantastic members here.

I will mention that as I have 6 years (now 5) to file this claim, I will wait until late May when I am back from the USA to do this. This gives me plenty of time to put together an N1 and a particulars of claim with evidence in an annexe to it and maybe skeleton arguments if that is the right term.

I would greatly appreciate assistance from members here so I can get it right.

I would ask you to read the redacted versions of my LBA's to see if they are in your view compliant.

Thanks again.

[«THÖMÅS®©™»]

I am getting frustrated that nobody is answering me again!

[charitynjw]

I am getting frustrated that nobody is answering me again!

I've clicked on the link given in post #113

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.

As things stand, do you think that they can prove non-delivery?

[«THÖMÅS®©™»]

I assume one can, because he refused it, but AFTER it was delivered and signed for, which is quite puzzling to me, because, after signing for it, did not know that you could refuse it. It did arrive, but he signed for it and then refused it, in my view, digging himself a deeper hole. This should work in my favour in court, right? Now he cannot deny that an LBA was never received as a wriggle himself out, because I posted one and he refused it, his problem, not mine now.

still waiting for Royal Mail to stop deliberately procrastinating on a clarification on this.

[charitynjw]

Ah, right.

If it's signed for, it must have been delivered.

Res ipsa loquitur