S.10 Data Protection Act notice - if you have been defaulted for unlawful penalties.
A Section 10 gives a powerful right to Data Subjects. If you have been defaulted because of a debt comprised wholly or mainly of penalty charges then this could provide a solution.
You are advised to discuss it thoroughly on the forum first.
Also, you should read the Data Protection Act FAQ and also ss.7-14 of the Data Protection Act itself before using this notice - not that it is especially problematic, only that you should understand what you are doing before embarking on any litigation oriented route.
If the bank challenges this notice, it is likely to be on the grounds that;
a) that you consented to the data processing
b) that the penalties are not unlawful
The Bank has 21 days to respond. If they fail to do so you can apply for a Court Order requiring them to respond. If they respond with a justification, at least you can prove that they know that the amount is in dispute and secondly that you have made a realistic attempt to resolve the matter before litigation.
Notice pursuant to s.10 of The Data Protection Act 1998.
Re: account no. XXXXXXXXX
Account holder. XXXXXXXXX
Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998
Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party and insofar as the said data relates wholly or in part to the implementation by you of charges which have been applied to my account in respect of defaults or contractual breaches and where the said charges which have been levied at a rate which is in excess of the administrative costs incurred by you as a consequence of the said defaults or breaches contrary to The Common Law.
This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.
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