newlyn

[Amy]

Re: newlyn

Let them hang themselves first and instead send them a letter reminding them of how many days remain for them to comply fully with your SAR.

I would imagine that since they have now supplied you with a statement, they believe their obligations to you have been fulfilled - they have not.

[dontknow]

Re: newlyn

Amy
they have supplied me with a fuller account in that they have listed the fees with no dates they are

visit fee 1 £24.50
visit fee 2 £18.00
levy fees £64.00
Enforcement fee £105

now they have visited
however they have never stepped inside the house or carried out a levy

in addition they have listed the payments received but missed one out, this I suppose they could say was a mistake. As it is so obviously attributable to error, if I where to point this out to them and the fact I was making regular payments to the council what harm would this do?

of course I could remind them about the SAR at the same time.

[Amy]

Re: newlyn

Have they supplied you with dates and times of these visits? Dates and times of the telephone calls?

[dontknow]

Re: newlyn

No

but was just thinking if I pointed at the obviouse to them in a without prujidice letter that it wouldn't do any harm and would actually give them the impression that this missing payment was the problem, whilst I built the case re fraud.

[Amy]

Re: newlyn

You do not need to "build a case" for fraud, the case is already made because they have charged you for work that they could not have possibly carried out because they have not ever been granted peaceful entry to your property. Therefore, this is fraud.

All you require is their full compliance with your Data Subject Request.

I have no idea why you would wish to mark your letter "without prejudice". This would be superfluous, redundant and completely irrelevant.

[dontknow]

Re: newlyn

so just point out that they still have to give me a sar
that there are missing transactions
that I am now making payments to the council?

[Amy]

Re: newlyn

No details, just a reminder. Like this:-

Dear

Re: Data Protection Act 1998 Subject Access Request

On (date you wrote the SAR) I sent a formal Subject Access Request including the statutory maximum fee of £10. To date I have received a statement of account and nothing more.

I have attached a copy of my original letter of (date you wrote the SAR) for your convenience. I do not propose to repeat my requests in this letter, but instead would suggest that you attend to all of the points requested in my original letter.

I am prepared to accept that the lack of information sent thus far is a genuine oversight on your part and look forward to receiving the information I requested. However, should the statutory deadline expire without receipt of the information that I have requested I will be left with no alternative but to commence a County Court action under s.7 and s.15(2) of the Data Protection Act 1998 when I shall seek a Court order obliging you to comply together with damages at the discretion of the Court and without further notice to you.

Furthermore I will escalate this matter into an official complaint to the Information Commissioner.

Yours sincerely

[dontknow]

Re: newlyn



OK Amy will go with that, or rather will go with that once I know how I go about doing it, Can read the legislation and well yes but how on earth do you go about getting a court order?

secondly what damages would I be seeking?

thirdly how do I best safeguard against them taking further enforcement action on this?

[Amy]

Re: newlyn

I know it sounds complex, but it really is not.

It is a matter of simply filing an N1 with the court (the same as we used to do with our court claims for bank charges and we can help you with this should you need it) and add an amount of money of around £35 which makes it a money claim. This then forces Newlyn to comply with your SAR.

I know you want to get this sorted out as quickly as you can and I admire you for sticking with this and for all the reading you are doing to help yourself, but you are worrying about things that might not even happen. In all likelihood Newlyn will comply and they still have 35 odd days in which to do this, so try not to worry too much.

[dontknow]

Re: newlyn

damn printer grrrrr can't get it printed of and sent today grrrr never mind will get it sorted by our eldest this evening or hand write the thing grrrrr.

don't want the sods to miss out on our weekly corespondance.

[dontknow]

Re: newlyn

have had a phone call from newlyns today five mins ago saying that they will come round with the intention of taking my goods. that they have every right to do this, they did not say in this conversation that they had obtained Levy which seems strange as they have charged me for two.

merley that they had every right seek peacefull entry and sieze my goods.

[Amy]

Re: newlyn

Stop speaking to them.

[WendyB]

Re: newlyn

[quote=dontknow;150384] peacefull entry /quote]


thats the key thing, peaceful entry. They may well seek it but they aren't going to find it, are they? Because if they do turn up, which they probably won't, you aren't going to let them in. Or even open the door or window. Keep everything locked and if you have to talk to them do it from an upstairs window. Then they won't be able to gain peaceful entry so that's them stuffed.

[dontknow]

Re: newlyn

Today received phone call from the council in response to my earlier e mail, so took it as it wasn't from newlyn explained I was concerned with Newlyn, without specifics and managed to get them to agree to put a hold on any recovery action for 2 weeks (may be extended) whilst I sought out more debt advice.

by that time the council will have had another payment of me and hopefully have been contacted by CAB explaining my situation.

[dontknow]

Re: newlyn

no more comms from newlyn to date, so will make another payment on mon to the council re the arrears.

Now with the SAR it was sent on the 2nd of feb so they received it the third, so the 40 days will be up on sun 14 March so if I give them two days for post it should be in my possession on the 16th March