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Section 13 of the Data Protection Act states:
An individual who suffers damage by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that damage.
An individual who suffers distress by reason of any contravention by a data controller of any of the requirements of this Act is entitled to compensation from the data controller for that distress if—
(a)the individual also suffers damage by reason of the contravention, or
(b)the contravention relates to the processing of personal data for the special purposes.
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 recorded delivery and keep a copy.
If they do not refund 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?
I have not lost any money other than writing letters and paying for a SAR. My only loss is that it has affected my credit file for 3 years. How can I summarise that in monetary figures.
That's a hard one.
You are likely to get a nominal sum probably less than £500
Pain and suffering payment?
Have you been to the GP?
Then you can't claim pain and suffering
There is no evidence
You are just seeking a payment for inconvenience and stress caused
Does that clarify?
Ok yes that's understandable
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