Stung for £1200 by JBW Bailiffs. Where do we go from here?

[Billus]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Morning. I sent a reminder for the SAR on the 20/4/11 to JBW Bailiffs. They have not responded to this either. In fact there has been no recognition of any of the letters I have sent them. I get the feeling the will just ignore everything and keep my money. How do I get them to react? Any advice would be most welcome. Thanks

[wiccaqueen]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

you either send them a letter before action then take them to the county court there is an abundance of information on the web explaining how to do this (don't send a letter like this if you don't intend to take this action)

LETTER BEFORE ACTION
Section 7 – Data Protection Act 1998
Dear Sir/Madam
Account: xxxxxxxx
You have failed to comply with my Data Protection Act Subject Access Request dated (date)
you have failed to reply despite a reminder being sent (date)
If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

Yours faithfully


Or you make a complaint to the information commissioner's office http://www.ico.gov.uk/for_organisati...onal_data.aspx

[Amy]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

I would send them this:

Dear

Re: Data Protection Act 1998 Subject Access Request

On (date you wrote the SAR) I sent a formal Subject Access Request and included the statutory maximum fee of £10, according to the above Act, which was received by your office on *********.

I have attached a copy of my original letter of (date you wrote the SAR) for your convenience and would suggest that you attend to my request as a matter of urgency.

This letter has been sent by first class post and therefore should have reached you by (calculate the date) and the date of receipt will be indicated by Royal Mail's service audit. I have no doubt that you will be aware, as of this date your statutory 40 days for compliance expired on (date it expired).

I am prepared to accept that the lack of information sent thus far is a genuine oversight on your part and, therefore, I am prepared to give you a further seven days in which to comply.

However, should this 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

[CleverClogs]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

And do complain to the ICO, regardless of what those shonks do.

[Billus]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Hi Amy, Thanks for this. The reminder letter above has already been sent a month ago and no reply. Should I re-send? Or do we get more serious?

[Amy]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Oh yes, so you have. Now you need to carry out what you threatened to do.

You either sue them or you go to the ICO.

[CleverClogs]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Oh yes, so you have. Now you need to carry out what you threatened to do.

You either sue them or you go to the ICO.

Why is it not possible to do both?

It's a pity the OP would probably not be granted an Anton Piller order, as they can be so very disruptive of a defendant's business.

[Amy]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

You either want the ICO to take action or you do it yourself. You cannot punish them twice for the same thing.

[CleverClogs]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

You either want the ICO to take action or you do it yourself. You cannot punish them twice for the same thing.

Either the court or the ICO could enforce the SAR, but that is not punishment.

So - the ICO should punish them, whilst their victim merely seeks damages.

[Amy]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Right well, I'll leave it to you to show him the way then.

[CleverClogs]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Which do you think would be faster?

Which do you think would be more likely to succeed?

Perhaps the best approach might be to telephone the ICO's wallahs and wallahesses, to find out how long they'd take to tell the bailiffs to behave themselves?

[CleverClogs]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Apart from the two purposes listed in their entry on the Data Protection Register, are there any other purposes for which these oafs might process personal data?

[Billus]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Ok all our correspondence sent to JBW has now been forwarded on to the ICO. Lets see what happens.

[Amy]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Absolutely nothing, is what will happen.

[Billus]

Re: Stung for £1200 by JBW Bailiffs. Where do we go from here?

Ok I've lodged our case with the ICO so let's hope it proceeds. Thanks.