Well after just over 2 years since starting my claim against Lloyds, FOS finally upheld 2 (Credit Cards) out of 3 of my claims due to existing medical and I'm only waiting to hear about the personal loan now.
Whoa I'm ahead of myself, lets go back to the court date as per post 71.
On 12/01/12 I went to the court 30 mins early, only to find that Lloyds solicitor was already waiting. As soon as I check in with the court clerk, he asked me if I wanted to see the solicitor to negotiate to our differences before we see the judge. I agreed thinking that she will finally acknowledge the outstanding documents. I know I was hopeful, because she just repeated that they only keep records for six years and mine were 12-14 years old. I told her if Lloyds were able to send me the account notes from my old current a/c, showing when I applied the loan and credit cards (Jul 98), surely they should also be able to provide me with the transactions history.
Suffice it to say that we agreed to disagreed, so off we went to see the judge. The judge read my defence point by point, then asked the solicitor about the missing documents (in firm tone), which she replied that they already provided me all the records they had and that they don't keep records more than six years. The judge took a pause for a moment and it was my turn now (uh-oh!).
First, can I say that it was my first time ever in a court (let alone in court chambers), so I was so nervous to the point that my mouth was dry as a desert. Tried to compose myself (to no avail), and I said to the judge that the ICO to told me that access to personal data is not only limited to six years and if the organisation (data controller) is in possession of them then they should provide all the data (since 1998). I showed him the account notes and said "since they have already provided me the account notes surely this shows that the records exist and they should be able to provide me all the transactions history". I felt that the judge believed the six years cap (like everybody else) and I was losing the argument, then I said that the bank decided just being selective with the data to provide me your honor (in frustration). He laughed and said you can't say 'they being selective if you don't have the prove that they are' perhaps seeing how experience I was in court. I apologised to the judge and I rephrased it 'that the bank provided me some data and not all of the data as specified by ICO under the Data Protection Act'.
He paused again and said some legal terms about sending a letter requiring me to list point by point all the information I require. I didn't understand it so I asked the judge if he wanted me to just list all the info I was requesting. He laughed again and glanced at the solicitor then repeated the same legal stuff again with a smile. I sensed that maybe he was telling me something that I was missing, so I thanked the judge and left it at that. Then we left the chambers and the court drama was over (phew!)
Less than a week after my court appearance and whilst still waiting the letter from the judge, I received the two big brown envelops containing (you've guest it) the transactions history. But only for the two credit card and only going back to Jan 2000, I was still missing the credit cards transactions history from 1998-1999 and all of the personal loan. But I was relieved because at least I had some data and that I can always use an average of the charges for the missing two years for the credit cards for my SOC spreadsheets and the account notes showed the personal loan amount and with PLPI.
I photocopied all the records and attached a covering letter to the court to show that records existed all along and handed in to the court so I won't liable to any cost before I received the judge's letter and that I didn't want to proceed with my court proceeding now.
Then after receiving the rejection letter from Lloyds, I sent all to FOS to deal with them in Oct 2012 and have been waiting since.
I would like to say that going to court is not easy and after that drama I wouldn't like to go through it again let alone recommend it. if I don't see the court chambers again for the rest of my life it will be too soon but that's just my experience.
P.S. Could someone please move this thread to the PPI section, it looks like things have changed since I was last here many thanks.