Letter from BW Legal

That_debbie · 13 January 2019 at 6:51PM

Redx I would appreciate your advice further. I have read the info on the Newbies thread but just need some clarification

I have received the court claim form from Northampton. I need to send the Acknowledgement of service. Do I send their form back or do it online through MCOL or doesn't it matter either way? I am stating that I intend to defend all of the claim. Do I have to send my defence at the same time?
Just a couple of things which I want to know are relevant or not..
I got married on 1st September and sent them an email with a copy of my marriage certificate as they requested and acknowledged and said they would update their records, but all letters sent since have been in my maiden name, even the court claim letter.
I sent an SAR as advised by you, but they didn't answer any of my questions, just sent me a letter stating that the right to restrict processing is not applicable in this case, and sent me a copy of their privacy notice
Thank you

KeithP · 13 January 2019 at 6:54PM

That_debbie wrote: »

I have received the court claim form from Northampton.

What is the Issue Date on your Claim Form?

That_debbie · 13 January 2019 at 6:56PM

Their "Notice of County claim Court issued" arrived a few days after the court claim from Northampton (albeit dated the same) dunno if this has any relevance

KeithP · 13 January 2019 at 6:58PM

That_debbie wrote: »

Their "Notice of County claim Court issued" arrived a few days after the court claim from Northampton (albeit dated the same) dunno if this has any relevance

No relevance.

Again, what is the Issue Date on your Claim Form?

That_debbie · 13 January 2019 at 7:00PM

4th January

KeithP · 13 January 2019 at 7:02PM

That_debbie wrote: »

4th January

With a Claim Issue Date of 4th January, you have until Wednesday 23rd January to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Wednesday 6th February 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.

When you are happy with the content, your Defence should be filed via email as suggested here:

Sign it and date it.
Scan the signed document back in and save it as a pdf.
Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Redx · 13 January 2019 at 7:04PM

That_debbie wrote: »

Redx I would appreciate your advice further. I have read the info on the Newbies thread but just need some clarification

I have received the court claim form from Northampton.

1) I need to send the Acknowledgement of service. Do I send their form back or do it online through MCOL or doesn't it matter either way? I am stating that I intend to defend all of the claim.

2) Do I have to send my defence at the same time?

3) I sent an SAR as advised by you, but they didn't answer any of my questions, just sent me a letter stating that the right to restrict processing is not applicable in this case, and sent me a copy of their privacy notice

1) you could do, but its better , easier , quicker and CHEAPER to do it online, plus it cannot go missing in the post or at the CCBC

so I would do it online , today , if its not been done already (and only the AOS online for now)

2) NO, KeithP will tell you when the defence must be emailed by, when you tell us the DATE OF ISSUE (which is why he asked and I now see you and he have replied))

3) so send their DPO at NCP the legal beagles template by email and ask for all the data again (another SAR) , do not ask for anything that isnt your data as this gives them the opportunity to duck and dive

if they do not comply, report them to the ICO with copies of all the SAR paperwork and their refusals to comply to the GDPR

make sure it goes DIRECT to the DPO email on the NCP privacy page

Umkomaas · 13 January 2019 at 7:32PM

I sent an SAR as advised by you, but they didn't answer any of my questions, just sent me a letter stating that the right to restrict processing is not applicable in this case

To whom did you send the SAR?

That_debbie · 13 January 2019 at 8:25PM

I used the Legal Beagles template to send the SAR.
Before I resend it, from what you've said above, please advise if I should change it or leave anything out that is deemed irrelevant. I took advice from the forum & LB of things to ask for
This is what I sent:
Please supply the data about me that I am entitled to under data protection law! relating to myself.
ALL photos taken
- a close up of the signs on the day in question
- evidence that you have paid £60 to a debt collector
- Pay and display PTD machine record from that day, of payments made
- evidence of your grace period, regarding disabled person holding a Blue Badge under the EA2010
- all data held, all evidence you will rely on, and a full copy of the PCN, NTK
If you need any more data from me to confirm my identity please let me know as soon as possible.

That_debbie · 13 January 2019 at 8:26PM

To the DPO at NCP

Letter from BW Legal

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