Stoke Abbot Road - OPS - Gladstones

Le_Kirk

nicestrawb said:

Thanks all! I'd happily help where needed. And Mr Dance, I'm still not following, I threatened to counter claim for x amount already for wasting my time, but in order to do that, I'd have to invoice them first, but clearly there won't have been an agreement between us. I'm just not sure there are any grounds with which I could force them to respond.

You send them a letter before action stating that if they do not pay you £X for (whatever) by a certain time, you will start legal proceedings.  If they do not pay you, then you instigate legal proceedings via MCOL.

nicestrawb

Okay, I understand the process as I've done it before, but starting a claim against someone costs money and if I have no legal basis to claim from them I will lose in court anyway. What's the point?

Le_Kirk

nicestrawb said:

Okay, I understand the process as I've done it before, but starting a claim against someone costs money and if I have no legal basis to claim from them I will lose in court anyway. What's the point?

If you have no grounds then there is no point.  It does cost a filing fee and a hearing fee but, if you win, you get those back.  @D_P_Dance advises everybody who has won to start proceedings but offers no specific help or advice on how or what to sue for.

D_P_Dance

 @D_P_Dance advises everybody who has won to start proceedings but offers no specific help 


No I ask them to consider making a claim.  I also point them to the CAB website.   What they do after they have done their research is of no interest to me.   I do not spoon feed people, I point them to  websites which may, (or may not), be pertinent to their circumstances.  

A letter before claim cost the price of a stamp.  I have found that the threat of  court action usually  focusses minds.  This  year I have sent LBAs to Virgin and Bulb, both have caved in and met my demands.  

nicestrawb

Fair enough, I just can't think of a decent reason tbh. Mind you, I have a cunning plan......

KeithP

nicestrawb said:

Fair enough, I just can't think of a decent reason tbh. 

And if pressed, I think DPD might give a similar answer. 

D_P_Dance

I do not respond to pressure Keith.

nicestrawb

So... out of interest... If a dodgy solicitors (lets call them "Gladrags") drops a case because their paymasters (lets call them "OOPS") have told them to (because they in turn have also been told to, by the property management company they've been scamming for), and then someone sends a SAR to "OOPS", how long do they have to respond to that (I've read conflicting info)? If and when that SAR does eventually come back, is it reasonable for that person to then request that "OOPS" delete all their data on them as well?

And then the same question applies to Gladrags themselves. Should/could that person reasonably do the same with them?

And finally, thinking ahead hear... in "almost" six years time, should a very questionable claim be made what would the ramifications be if any of those parties were shown to have not deleted said data?

In fact, whilst we're there, we might as well throw in a couple of dodgy debt collectors as well. Lets call them "QPR" and "ZZIPS". Same question for them....

This person has racked up quite a few new friends over the last few years lol

Umkomaas

You are entitled to SAR anyone/any organisation you believe holds your personal data. You can ask for it to be erased, if they don't wish to or won't, they need to provide reasons for that; you have the opportunity to complain to the ICO. That's my reading of it. 

KeithP

Umkomaas said:

You are entitled to SAR anyone/any organisation you believe holds your personal data. You can ask for it to be erased, if they don't wish to or won't, they need to provide reasons for that; you have the opportunity to complain to the ICO. That's my reading of it. 

I agree with that.

One of the reasons for not deleting data when asked could reasonably be something like "we keep it for up to six years following the event in case a court case takes place".