nothing received as of yesterday from the courts ref set aside 

will get a copy in the post to them tomorrow then 

i posted everything off to Birmingham county court on Tuesday with proof of postage. just wondered if ia m required to pott a copy to the solicitors

everything completed now and ready to go , thanks for all the work by FTMdave  which took care of most of it

Just wanted to check where i send this . I noticed the fleecers sent the application to CCBC, defence witness statement sent to Birmingham county court. Am i right in assuming Birmingham , which is where the warrant was sent for execution. ?

. i will put it together later and share for comment , thanks for the work on this ftmd and to everyone else for their comments 

to Fruitsalad's point i have read them all again and i agree with the comments,

So ,  to clarify the the application notice , witness statement and defence are all referencing  claim number ending 28V which is the claim they failed to respond to in time and for which a warrant has now been issued, this is the claim  being for the non compliance to the SAR,.

The other claim is mentioned in these documents only in respect to them being confused by the presence of a second claim. This other claim , ending 20W had an acknowledgement of service and directions questionnaire which contained  a short defence previously shared 

fruit salad, yes there are indeed 2 claims and as i read it gladdies have submitted one defence cpvering both claims as i read it

i will put together that cronology and post it up

Arrived home from work late last night to a letter from Gladdies , essentially paperwork submitted to the courts requesting the judgement on the SAR non compliance be set aside and further requesting both claims be struck out, witness statements and defence included in the letters

They would like the courts to believe they missed the deadlines as they became confused as i issued two claims against them just a few days apart. They would also seem to want to argue that they don't need to respond to the SAR as they have a data sharing agreement with DVLA and we should know that , ignoring the fact that we requested all data held on file and not just data not just that from DVLA 

i note that the witness statement of MR chana is headed as being filed for the claimant , should that not have been for the defendant ?

copies of the application Ws and defence and draft order  from gladdies attached for you perusal

current status on MCOL is as follows , although this we know may be subject to change 

SAR claims

judgement issued 5/4/2023 @19:07:27

warrant request 19/04/23 : 15:58:06

warrant issued 20/04/2023 19:09:17 databreach claim 

Bar put in place for EPS  12/04/23

EPS defence filed 12/04/23

DQ sent to EPS 12/04/23

status defence filed

i sent my DQ off a few days ago , deadline was May 2nd , so what are the next steps considering this application from gladdies

3597_001.pdf

re the SAR claim, i received confirmation from HMCTS yesterday that the warrant has been issued to Birmingham county court for execution 

copy of directions questionnaire received from fleecers solicitors , interestingly in respect to the question as to suitability for determination without a hearing , the answer was no , reason given as follows :- 

"The claim is flawed; the Claimant has issued 2 sets of proceedings against the same Defendant within days of each other and which related to claims for distress arising out of allegations/issues under the Data Protection Act. The Claimant has acted unreasonably which is deemed to be an abuse of the Court process."

checking on MCOL yesterday to see if the fleecers had submitted a defence and noticed the status now had defence submitted , same date as issue of DQ.

Checked my DQ questionnaire and there was a copy of the defence stapled to the back of the mediation notes which i hadn't spotted  as i stopped reading once i reached the mediation notes having seen those previous, no harm done though. Copy attached.

It would seem to me that their defence  actually supports the very point of our claim,  stating they ceased the court action as "i had only stayed 1 minute" (actually it was 29 seconds so they don't even have that correct).  At best they are admitting to not applying due diligence before accessing my data , although in reality we know this would have been a vexatious claim hoping like many do that i would just pay up under pressure of their threats 

In commenting on signage , they have also chosen to ignore the issue of no compliant signage , no signage at entrance visible from direction of travel etc etc , they cant even get the length of stay correct !

will be completing DQ  today and posting that off over the weekend , any point to note on DQ completion ? i  will be saying no to mediation 

defence filed.pdf

i have submitted the warrant request through MCOL. for the SAR claim non payment , the fee was £83 which is now added to the warrant value 

so in respect to enforcement of the judgement on the SAR claim , is the next step applying through the MCOL for enforcement by way o fapplying for a warrant ?

Agreed FTMD, i always thought they needed to defend (or at least look like they are intending to defend in the hope of scaring us off ) and was surprised when it appeared they were not responding ,  but as we now know that was probably due to the long weekend and delays in system updates 

 over the weekend i received a number of letters from the HMCTs , including

the judgement request rejection ,

acknowledgement of service (copies attached)

and directions questionnaire .

The DQ needs to be submitted by May 2nd

on the SAR non compliance claim , two weeks have passed since the judgement was issued (copy attached)

 not had any communication from the fleecers in respect to payment  , and still have not supplied anything on that SAR request and so are still in breach of that SAR request 

2023-04-11 judgement reject+Gladstones AOS filing.pdf 2023-03-15 Claim Issued+2023-04-05 notice of applied judgement (1).pdf

understood Andy just giving the timing context of what l was able to see that's all , nothing more than that 

2 minutes ago, Andyorch said:

 

It depends on whether the 33 days had expired from date of issue the time allowed to to submit a AOS/defence. Once a defendant submits an acknowledgment you cant request judgment until the expiry of day 33. 

MCOL system  allowed me to request the judgement on the 6th which i did around 6am  , the system doesn't allow you to request judgement when  enough days have not expired and tells you so , so therefor enough days must have passed as i was allowed to make the request and that status was added to claim history

Gladys e mailed notification of acting was sent around 4pm on the 6th , i will post that document up just for reference and info 

i had limited internet access for a few days ., i saw On Tuesday there was an update on the system that noted judgement requested , and a further note stating request denied presumably as they had received something from Gladdy's, those comments are now longer on the claim history , just the details i posted earlier 

hi all , have been away for a few days hence not been on line , i did check updates on MCOl 2 days ago , and again this morning, and i noted some changes on their this morning ref the second claim 

On the SAR claim issued  15/03/23 it states that judgement was issued against the defendant on April 5th 2023 , i also received in the paper copy yesterday by post 

On the second claim , issued 17/03/23, for which their solicitors had e mailed with a copy of the notice of acting, the MCOL now states the following  :-

the e mail was sent just before 4pm , there are no new updates on MCOL, nothing registered from the defendant 

this afternoon i received an e mail from gladstones , an e mail containing a notice of acting , dated today 6th April 2023 and stating copy filed with court 

This notice is connected to the claim for accessing my data without reasonable cause. This would seem to be a day late as i was able to request a judgement , just wondering how  a judge may view this

There are no e mails  or notices for the SAR claim

no defence or admission submitted on the second claim , judgement now requested on that claim also

hi fruitsalad, no , there has been no communication of any kind from EPS 

i am hoping so 

confirmed that it is 2 days between the 2 claims , issue dates were 15th and 17th march 

i am pretty sure it was just two days between the 2 claims , i will go back onto mcol and check 

request for judgement made on the first claim which was the SAR request non compliance