martin3030 v RBS Gold Acc Default/Data protection issues **LIFTING OF STAY REFUSED**.

[MARTIN3030]

sent for dps 25th may

[MARTIN3030]

Not sure what has happened to the history here so I will try and give a brief outline of my claim.

I have had other claims with RBS with a current account which have been settled.This claim relates to my Gold deposit account from 1999 to 2001 which was defaulted and closed in 2001.RBS entered adverse info with Equifax and Experian.The defaulted amount was for £820 which comprised 100% of unlawful penalty charges.
Following a number of requests to RBS recovery they refused to remove the default or info.
Numerous debt collection agencies started to chase the alleged debt including Capquest.I sent a CCA request to Capquest who did provide the info they were required to.They continued to press for payment even after I filed a claim in my County Court.
The particulars of claim asked the Court to consider ordering the defendant to remove adverse information and also consider making an award for compensation for financial defamation distress and inconvenience.
Shortly after lodging my claim in June 2006 My claim was returned stating that I should send the defendants a Section 10 notice under the data protection act.
I did this and RBS replied refusing to conform to my notice.
I then resubmitted my claim.
RBS were late in filing submissions ordered by the court including their allocation questionaire.
Bundles were exchanged and then I was sent a letter stating that the Court had stayed the case on ots own initiative in light of OFT litigation with other banks.
I Then sent a second witness statement challenging the stay.
My reasons were that the OFT waiver agreed by the banks with them should take into account cases of hardship.My aguement concerned my credit rating due to the adverse information from the defendants prevented me from obtaining credit and in addition the litigation concerned current accounts and NOT deposit/savings accounts.
I submitted copies of over 30 letters from Debt collection agencies along with other documents in support of my application to have the stay lifted.
The application was to be heard on Monday 10th March at 10.40am.
Here is what happened.

I arrived in good time and RBS solicitor arrived just after.She did not ask the clerk if I was here so I knew that she would not want to discuss the case.
We was called into Court.The Judge confirmed the details of the claim and asked me why I was asking for the stay to be lifted.I pointed out that my case was about Data protection issues and not reclaim of charges.
I stated the OFT position for hardship cases and also that my account was not a current one.
He then turned to ask the RBS solicitor to speak..she was a young woman.She went on to say that there would be no financial benefit to me even if the claim was allowed to proceed she insisted that it could still take time to conclude even outside the test case results.
The Judge quipped "Ah yes but what of the appeals ???"
She rambled on some more.
The Judge then asked if I had anything further.I stated that a removal of the stay would allow the case to proceed and that since I would be asking the court to award compensation and a wasted costs order against the defendants should I be awarded judgement,then I would certainly benefit.The Judge then began to summarise.He said he did not consider financial hardship as a good reason to lift the stay.He said anyone could cite hardship in one way or another.
On the question of the interpretation of litigation definitions of account types...he sais as far as he was concerned abank account was a bank account and that was that.He said he was aware that there were people making claims for storecards and credit cards and that he had his own opinions as to the validity of those claims but would not be voicing them.
He then told me he was refusing to lift the stay and that it would remain in place until the determination of the test case action.

Quite frankly I was pretty gobsmacked that he failed to take my application seriously...I felt that I had put a good arguement for it in my submissions.My witness statement was 4 pages long and clearly laid out.
The Judge admitted that many stays were being lifted and cases being allowed to proceed.To me it looks like the only way to get a stay lifted is by being lucky enough to appear before a Judge that will be prepared to do it and has been doing it/has done it already with other cases before him /her.

I have another case with Barclays Business which is on stay but Barclays have agreed to a lifting of.The application for that is next Month.
I pointed this out to the Judge as an example of accounts that are not included in OFT litigation but he was having none of it........
So stalemate on this one but the next one looks promising.

[Conniff]

I'd give my right arm to see them lose and wipe the smarmy grins off their stupid faces.

There is a totaliser on this link to show how much they have made since the test case.

Banking and credit | Bank charges | Bank charges

It's a lot of money.

[saintly_1]

Thats a scary figure conniff

Unlucky Martin Good luck with Barclays