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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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For Alex W I initially raised a question with you on 28

Resolved Question:

For Alex W
I initially raised a question with you on 28 March; 10am,as I thought RBS and their appointed agent broke our rights; me and my wife, on joint mortgage, in terms of Data Protection Act. You advised me to write to ICO which I did.
Following long process- from raising the issue with bank, their agent and ICO- RBS now accepted that has done wrong and ICO confirmed RBS likely breached the ACT.
Furthermore I sent a correspondence to RBS about 2 months ago asking for compensation.- nothing heard yet.- All above actioned by myself. I now would like to take legal action against them for compensation and am referring to you.
You indicated that you would be interested once heard from ICO and I am back to you for lodging a formal complaint or as you advise.
I could send copies of RBS and ICO final responses.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello and thank you for requesting me.

Alex Watts :

Yes upload it if you can cut out the personal data

Customer:

Hi,

Alex Watts :

hello

Customer:

Hi, See the responses attached.

Customer:

I wonder if managed to attach it.

Alex Watts :

No, I dont think so

Customer:

How can attach pdf


Alex Watts :

Use the paperclip option

Customer:

I think you have it now.

Alex Watts :

Ok - so they admit they have breached DPA. What do you want to achieve?

Customer:

Compensation

Alex Watts :

How much?

Customer:

That is why I came to you. How much you think we can get and your fees please.

Alex Watts :

On the basis they sent the details to the wrong place, yes?

Alex Watts :

Remind me of your loss?

Customer:

The fact that they frequently informed others from our financial info + sending Sherriff Officer to the wrong address and looking for my wife. How much distress that caused to us in neighbourhood,etc.Disgracing a respectful family.

Alex Watts :

Yes but what are your actual losses, if any?

Customer:

No money was involved.

Alex Watts :

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Customer:

Our financial info was kept posting to an address; who knew us, and possibly beyond. Sherriff Officer was sent to the address. He apparently did not open any info to the resident. But that does not help. firstly the resident already knew the info as received the letter. and secondly the fact he was looking for my wife is well enough to damage the rputation.

Alex Watts :

Yes indeed.

Alex Watts :

As long as the claim is below £10,000 you will be a small claim

Customer:

I just need to convert it to compensation. I wonder if you are interested to represent it.

Alex Watts :

It would be a small claim so sadly my costs would not be recoverable and its against site rules sadly

Customer:

So, based on your experience how much then I go for. Just a very rough idea.

Alex Watts :

In reality its less than £1000

Customer:

Very low unfortunately. Shall I claim for say £2000 initially.

Alex Watts :

yes you can

Customer:

So, I would follow your instruction and may come back to you later for further instruction. Anything else you would like to add.

Alex Watts :

No, unless you want to ask me anything in paritcular?

Customer:

Thanks and good night.

Alex Watts :

Thank you, ***** ***** could invite you to rate as always

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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