The judge was making his own orders in all the 12 cases so he did not take my draft directions. He did not take Barclays' proposed directions either.
In my first court claim I applied to the County Court for an order to enforce compliance with Sect. 7 of Data Protection Act, together with damages of about £50. A few days before the court date they wrote to me promising to provide the statements and the £50 and in return asking me to drop the case. That is the 'settled' I was talking about, but I wrote to the court telling them that Barclays had offered to settle and therefore no further action was necessary. I also attached Barclays' offer letter.
I pointed all that out to the judge but he was of the view that Barclays do not have the information so that had nothing to do the current case.
The full history is;
9/10/06 Initial S.A.R - (Subject Access Request)
17/10/06 Received stats from May 2004-Date,to pay £3 for prior ones
18/10/06 Wrote back stating Data Protection Act covers microfiche
18/10/06 Wrote another letter- intial refund request based on an estimated amount.
04/12/06 Got a refund of £300 and they couldn't offer any more.
12/12/06 Started my court claim for S.A.R - (Subject Access Request)
12/01/07 Defence filed. Hearing on 27/02
29/01/07 Received Barclaycard offer
30/01/07 Accepted offer and wrote to court to advise them.
14/02/07 Received letter from Information Commissioners Office- Supporting my case.
14/03/07 Second court claim- refund of charges
26/03/07 Barclays defend the claim
Week ending 27/07 went to court and the outcome above. Allocation Hearing has been adjourned for a month pending provision of details ordered in the directions.
I was thinking of bringing back my first claim to court saying that Barclays have failed to provide me with my data and claim compensation for the costs involved in the second case. Is that feasible?
The judge mentioned something about my case being viewed on balance of probabilities in arguments with the Barclays solicitor. Is there any way I can convince the judge based on balance of probabilities?
ps- The judge 'encouraged' Barclays to settle all the 12 cases before the next allocation hearing. How can I also convince Barclays to settle- in terms of the legal options open to me.